Terms & Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AS WELL AS ALL OTHER POLICIES DESCRIBED IN THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
LaserPerformance LLC (“LaserPerformance”) is the operator of this Website including any and all affiliated sites (“Website”). Software, hosting, other functions, Website content, advertisements, goods and services being offered for sale or links to other websites may be provided by unaffiliated third-party service providers. LaserPerformance affiliates, service providers and business partners are intended to be third party beneficiaries of these Terms and Conditions. This Website is not directed to children younger than thirteen (13) years of age. Children younger than thirteen (13) years of age may not use this Website to submit any individually identifiable information. We reserve the right to change these Terms and Conditions at any time and you are advised to review our Terms and Conditions on a regular basis as you will be deemed to have accepted variations if you continue to use this Website or download materials from it after the Terms and Conditions are re-posted by us. LaserPerformance and its affiliates, service providers and business partners may terminate, modify, remove, suspend or discontinue any aspect of this Website, including the availability of any features, at any time, without notice or liability. LaserPerformance and its affiliates, service providers and business partners may terminate your use of this Website in their sole discretion. Any reference to any product or service which has been provided or may be provided by LaserPerformance or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice. In the event of any conflict between these Terms and Conditions and any legal notices or terms located elsewhere on this Website, these Terms and Conditions will control.
The entire content included in this Website, including but not limited to text, design, graphics or code, software, technical drawings, configurations, and other files and their selection and arrangement (the “Content”) is copyrighted as a collective work under the United States and other copyright laws, and is the property of LaserPerformance, its licensors and/or designers. The collective work includes works that are licensed to LaserPerformance. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without LaserPerformance’s prior written permission. User’s may download or print Content for uses that are not competitive with or derogatory to LaserPerformance, its affiliates, business partners or service providers, provided you keep all copyright or other proprietary notices in tact and that you do not transfer any other Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions.
This limited consent may be revoked at any time and does not include consent to republish Content on any other internet, intranet or extranet site or to incorporate Content in any other database or compilation. Any other use of the Website is strictly prohibited. You further agree to not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Website, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Website, please contact LaserPerformance.
© 2010 LaserPerformance LLC. ALL RIGHTS RESERVED.
trademarksAll trademarks, service marks and trade names used in this Website are trademarks or registered trademarks of LaserPerformance or its licensors.
LaserPerformance Privacy statementBy providing your personal details to us, you agree to be bound by our privacy statement (“Privacy Statement”). If you do not agree to be bound by this Privacy Statement, please do not provide your personal details to us nor should you submit or participate in any contests, surveys or communications. You have the opportunity to decide whether or not to receive communications from us at any point where we request information about you. This Privacy Statement is incorporated into, and part of the Terms and Conditions, which govern your use of this Website in general. We will use your information for the purposes set out below.
We may use your personal information in order to communicate with you about our products, services and contests. However, you will be able to choose whether or not to receive such communications when you first provide personal information to us or at any time thereafter (see “Opt out Instructions” below). The information may be used for internal marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to our Website. Other than personally identifiable information, any material, user generated content, information, suggestions, ideas, concepts, know-how, techniques, photos, videos, music, questions, comments or other communications you transmit, post or submit to the Website or to any Customer Service Representative in any manner (“User Communications”) are and will be considered non-confidential and non-proprietary. Submission of any User Communication shall be deemed a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use and assignment thereof to LaserPerformance, its affiliates, service providers, business partners and/or their designees, who may use any or all User Communications for any purpose whatsoever, including, without limitations, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any and all commercial or non-commercial purposes.
We will ask your permission before we divulge your personal information to third parties who wish to send you marketing and promotional information that may be of interest to you. In such circumstances your personal information may be disclosed to these organizations who will agree to be bound by the terms of this Privacy Statement.
Opt Out InstructionsYou will have an opportunity to opt out whenever we communicate with you. If you would like to opt out from all communications about our products or services please email your instructions to ShopLPNA@LaserPerformance.com.
We will take all reasonable efforts to delete your personal information from our database as soon as reasonably possible after you opt out. Please note that even if you chose to opt out of marketing communications, we will continue to send important service-related communications (e.g. order confirmation or product safety information). However, these communications are not promotional in nature. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our database in response to your requests.
Contest SubmissionsSubmissions or transmission for entry in contests, competitions or challenges by participants shall be considered User Communications and subject to the LaserPerformance Privacy Statement and these Terms and Conditions. User Communications are non-confidential and non-proprietary. User Communications shall be deemed a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use and assignment thereof to LaserPerformance, its affiliates, service providers, business partners and/or their designees, who may use any or all User Communications for any purpose whatsoever, including, without limitations, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any and all commercial or non-commercial purposes. Participants warrant and represent that they have obtained written consent of any identifiable persons and of the owner of any animals in any content to use their likeness in connection with the submission or transmission and grant LaserPerformance all rights necessary for the continued use of such likeness in any manner for any purpose. Submissions will be considered “work for hire” to the extent allowed by law. Submissions may therefore be used by LaserPerformance in any manner and for any purpose without restriction and without further obligation to user or participant, his or her successors or assigns, or any other entity. Participants warrant that they are thirteen (13) or older. Participants who are between thirteen (13) and eighteen (18) years old must obtain parent/guardian permission to submit entry to any contest, competition or challenge.
Ecommerce CouponsMultiple coupons or discounts may not be applied to the purchase of the same item. Coupons will not be accepted from the consumer after the stated expiration date. Coupons are void where prohibited or restricted by law.
Product OrdersBy placing an order, you represent that the products ordered will be used only in a lawful manner, for individual, personal use and not for commercial resale or diversion. While it is our practice to confirm receipt of orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse delivery to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. LaserPerformance reserves the right to reject any order. You will be charged for your entire order at the time it is placed, even if all product or items are not available until a future date. If we are unable to fulfill your order in a reasonable timeframe, your credit card will be issued a refund in the amount of that product or item. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product or item purchased from this Website.
Shipping LimitationsWhen an order is accepted, it will be shipped to the address designated by the purchaser. Your receipt will be included in the box with your shipment. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for product purchased from this Website passes to you upon delivery of the product to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Any order placed before 3pm EST on Monday through Friday will be shipped by the end of the business day. Any orders placed on the weekend will be shipped on the next business day.
International Buyers Please Note: Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility.
Return PolicyAt LaserPerformance, your satisfaction with our boats, parts and accessories is of the utmost importance to us. We take great pride in manufacturing boats that are the benchmark for our industry. In the unlikely event that you are not completely delighted with your LaserPerformance product, we will offer a full refund for items returned within thirty (30) days of the shipping date. Returned merchandise must satisfy the following in order to receive a full refund: • The merchandise must be in the original unused condition and packaging. • To complete your return, we require a receipt or proof of purchase. • The merchandise must have been purchased from LaserPerformance Ecommerce website or retail store. To process your return, simply contact us at email@example.com. We will notify you via email of your refund once we have received and processed your return item. The refund will be issued to the original form of payment, which generally takes 1 to 2 billing cycles to display on your credit card. Please note: • LaserPerformance will not accept returns or exchanges for boats, parts or accessories that have been used, including, without limitation, sails, spars, foils and deck hardware. • Merchandise purchased from a third-party dealer, retailer or Ecommerce website will not be accepted by LaserPerformance for return. Please refer directly to the dealer, retailer or website's return policy for returns of this nature. • The cost of shipping back to LaserPerformance is the responsibility of the customer. Shipping costs are non-refundable. Thank you for purchasing a LaserPerformance product.
Warranty DisclaimerThis Website and the materials and products on this Website are provided "as is" and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, LaserPerformance disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. LaserPerformance does not represent or warrant that the functions contained in this Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes this Website available are free of viruses or other harmful components. LaserPerformance does not make any warrantees or representations regarding the use of the Content in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of LiabilityLaserPerformance shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the Content on this Website or the performance of the products, even if LaserPerformance has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event of any problem with this Website or any Content, you agree that your sole remedy is to cease using this Website.
Typographical ErrorsWhile our goal is a 100% error-free Website, we do not guarantee that the Website or its Content is accurate and complete, including price information and product specifications. In the event that a LaserPerformance product is mistakenly listed at an incorrect price, LaserPerformance reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. LaserPerformance reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, LaserPerformance shall issue a credit to your credit card account in the amount of the incorrect price.
TerminationThese Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be terminated by LaserPerformance without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Governing Law shall survive any termination.
noticeLaserPerformance may deliver notice to you by means of e-mail, a general notice on this Website, or by other reliable method to the address you have provided to LaserPerformance.
Use of WebsiteHarassment in any manner or form on this Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a LaserPerformance or other licensed employee, host, or representative, as well as other members or visitors on this Website is prohibited. You may not upload to, distribute, or otherwise publish through this Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation; accessing data not intended for you or logging onto a server or account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; sending unsolicited email, including promotions and/or advertising products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Participation DisclaimerLaserPerformance does not and cannot review all communications and materials posted to or created by users accessing this Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this Website, LaserPerformance is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, LaserPerformance reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to LaserPerformance in its sole discretion.
IndemnificationYou agree to indemnify, defend, and hold harmless LaserPerformance, its officers, directors, employees, agents, licensors, affiliates, service providers, business partners and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Website using your Internet account.
Third-Party LinksIn an attempt to provide increased value to our visitors, LaserPerformance may link to websites operated by third parties. However, even if the third party is affiliated with LaserPerformance, LaserPerformance has no control over these linked sites, all of which have separate privacy and data collection practices independent of LaserPerformance. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, LaserPerformance seeks to protect the integrity of this Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for websites it links to as well (including if a specific link does not work).
Independent ContractorsYou agree that no joint venture, partnership, employment or agency relationship exists between you and LaserPerformance as a result of these Terms and Conditions or your use of this Website.
SeverabilityIf all or any part of these Terms and Conditions is invalid or unenforceable under applicable law, the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall govern such use.
Governing LawThis Website shall be governed in all respects by the laws of the State of Connecticut, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of LaserPerformance products) shall be in the state or federal courts located in Fairfield County, Connecticut. Any cause of action or claim you may have with respect to this Website (including but not limited to the purchase of LaserPerformance products) must be commenced within one (1) year after the claim or cause of action arises. LaserPerformance's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. LaserPerformance may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.