Terms & Conditions
AGREEMENT TO TERMS
These Terms and Conditions are a legally binding contract between you and Mars Electric Company, and its subsidiaries and affiliates (“Mars”). These Terms and Conditions and any other applicable law, rule, or regulation govern your access to and use of this website (the “Site”), including your creation and maintenance of an account and placement of orders through the Site. You agree that by accessing the Site, you have read, understand, and agree to be bound by these Terms and Conditions.
Any supplemental Terms and Conditions, or statement and/or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason, and you agree to such changes or modifications by the continued use of this Site.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Mars makes every effort to accurately display and depict the products available on the Site. Mars makes no guarantees, representations, warranties or the like regarding colors, features, specifications, and details of the products on the Site. All products are subject to availability, and Mars cannot guarantee that items will be in stock. Mars reserves the right to discontinue any products at any time for any reason. Prices for all products are subject to change in our sole discretion.
PRICING AND AVAILABILITY
Products displayed on the Site are available while supplies last. In some cases, products displayed for sale may be special order, out of stock, backordered or no longer available. All prices are quoted in U.S. Dollars and can only be paid in U.S. Dollars. Mars shall have the right to refuse or cancel any orders whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Mars shall issue a credit to your credit card account in the amount charged.
Mars shall not be liable for any loss, cost, expense, damage, detention, and/or delay resulting from causes beyond its reasonable control, and/or from strikes, work stoppages, and/or other action by workers, any act or omission of any governmental authority, your own acts, insurrection and/or riot, war, embargo, car shortage, wreck, and/or delay in transportation, and/or inability to obtain necessary labor, materials, and/or manufacturing facilities from usual sources, acts of God and/or nature. All shipment, delivery and/or performance dates are estimates only and are not guaranteed and Mars shall have no liability for, and you hereby release Mars from any liability incurred thereunder and/or with regard thereto. Mars reserves the right, at any time and from time to time and without liability to you and/or with regard thereto: (1) to delay performance; (2) to partially perform and/or cancel any portion of our performance; and (3) to allocate available quantities among its customers in any manner Mars deems reasonable. Cancellation of any part of an order shall not affect your duty to pay for our performance of any other part hereunder. Risk for loss, theft and/or damage shall pass to you upon our delivery of the product to a carrier for shipment, and any loss or damage thereafter shall not relieve you from any obligation hereunder.
INTELLECTUAL PROPERTY RIGHTS
Mars owns, controls, or licenses, as the case may be, all intellectually property content and material associated with the Site, and the Site is the sole property of Mars. You may not copy, reproduce, upload, post, display, sell, distribute, nor transmit, for any commercial purpose whatsoever, any intellectual property content or material associated with this Site unless you obtain our prior written consent.
Provided that you are eligible to use the Site and subject to your compliance with these Terms and Conditions, you are hereby granted a non-exclusive, non-transferable, freely revocable right to access and make personal, non-commercial use of the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and its content.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to (collectively, the “Prohibited Activities”): (1) systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (2) make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (3) circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any intellectual property content or enforce limitations on the use of the Site and/or the content contained therein; (4) engage in unauthorized framing of or linking to the Site; (5) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; (6) make improper use of our support services or submit false reports of abuse or misconduct; (7) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (8) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site; (9) attempt to impersonate another user or person or use the username of another user; (10) use any information obtained from the Site in order to harass, abuse, or harm another person; (11) use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise; (12) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site; (13) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site; (14) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you; and (15) use the Site in a manner inconsistent with any applicable laws, rules, or regulations.
TERMINATION OF USE/ACCESS
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
THE SITE IS PROVIDED ON AN AS-IS, WHERE-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT AND YOUR ACCESS, INSTALLATION AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY AND COMPATIBILITY. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE ASSUME NO, AND YOU AGREE THAT WE SHALL HAVE NO, LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, INSTALLATION OF AND/OR USE OF THE SITE, THE CONTENT OR ANY THIRD-PARTY SITE OR THIRD-PARTY CONTENT, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OTHER INFORMATION TECHNOLOGY INFRASTRUCTURE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (WHETHER AS A RESULT OF A THIRD-PARTY’S MALICIOUS ACTIVITY OR AS A RESULT OF ACCIDENT, THE NEGLIGENCE OF ANY PERSON OR ENTITY OR OTHERWISE), (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, SPYWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
GOVERNING LAW & VENUE
These Terms and Conditions, and your use of the Site are governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles. You agree that any suit involving a dispute or matter arising under this agreement may only be brought in the courts within Cuyahoga County in the State of Ohio.
COMPLIANCE WITH LAWS
You represent, warrant, and covenant that you shall comply with all laws, ordinances, codes, rules and regulations of any applicable governmental jurisdiction relating to the products and/or use of the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to products, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.