These Terms of Service replace in full any terms of service or terms of use previously published on marine316.com. They are the only terms that apply to this website, to the orders you place on it, and to our text message program.

These Terms of Service (“Terms”) are an agreement between you and Engineering Performance Innovations, LLC, doing business as Marine 316 (“Marine 316”, “we”, “us”, “our”). By using marine316.com, creating an account, or placing an order, you agree to these Terms. If you do not agree, please do not use the site.

Section 1Who we are

Marine 316 is an online retailer of marine supplies: window film and film application tools, marine films, personal watercraft accessories, content creation gear and related products. The website marine316.com is owned and operated by Engineering Performance Innovations, LLC. Our contact details are in Section 16.

Section 2Eligibility and your account

You must be at least 18 years old, or the age of majority where you live, to buy from us. If you create an account you agree to give accurate information, to keep your password confidential, and to be responsible for everything that happens under your account. Tell us promptly if you believe your account has been used without your permission.

We may suspend or close an account that is used for fraud, abuse, or in breach of these Terms.

Section 3Products, descriptions and availability

We work to describe our products accurately, but product descriptions, specifications, images and packaging may be provided by manufacturers and may change without notice. Colors may appear differently on different screens. We do not warrant that any description is complete, current or error-free.

All products are offered subject to availability. We may limit quantities, discontinue a product, or decline to sell to any person, at any time.

You are responsible for confirming that a product is suitable and compatible for your intended use. Where a product requires professional installation or specific handling, follow the manufacturer's instructions.

Section 4Orders

Your order is an offer to buy. The order is accepted only when we send you an order confirmation or ship the goods, whichever comes first. We may cancel an order — before or after confirmation — if the product is unavailable, if there was an error in the price or description, or if we suspect fraud. If we cancel an order you have already paid for, we refund it in full.

Section 5Prices, taxes and payment

Prices are shown in U.S. dollars and may change at any time before your order is accepted. Prices do not include shipping or applicable sales tax, which are calculated at checkout.

If a product is listed at an incorrect price because of a typographical or system error, we may cancel the order even if it was confirmed, and refund any amount charged.

Payment is processed by our payment provider. We do not store full card numbers on our systems. By submitting payment information you confirm that you are authorized to use the payment method.

Section 6Shipping, delivery and risk

Delivery dates and shipping estimates are estimates only and are not guaranteed. Risk of loss passes to you when the carrier takes possession of the goods, unless the law where you live provides otherwise.

You are responsible for giving us a correct and complete shipping address. Inspect your shipment on arrival and tell us promptly about damage in transit or missing items so that we can help you with the claim.

Section 7Returns, refunds and warranties

Returns and refunds are handled according to our Shipping & Returns policy, published on this website, which forms part of these Terms.

Products are covered by the manufacturer's warranty, if any. Except where the law provides otherwise, we do not offer a separate warranty of our own, and we do not warrant that a product will meet a particular requirement or perform in a particular way.

Section 8Text message program

This section governs the text messages we send. It applies only to customers who have expressly agreed to receive them.

How you opt in

We send text messages only to customers who have expressly agreed to receive them. You may give that consent by checking the SMS consent box at checkout, by checking the same box on the contact form at marine316.com/contactus, or by telling us in writing. The box is unchecked by default and is never checked for you. The consent language reads:

Consent to receive text messages is not a condition of purchase. You can buy from us without ever giving us a mobile number.

What we send

Under this program we send only service-related messages about your own order: order confirmations and payment receipts, shipping notices and tracking updates, delivery and backorder alerts, return and warranty status, secure payment links for an invoice you owe, and replies from our customer support team.

We do not send marketing or promotional text messages under this program, and we never send text messages on behalf of another business.

Frequency and cost

Message frequency varies and depends on the activity of your own order. Message and data rates may apply, according to the plan you have with your mobile carrier. We do not charge you for these messages.

How to stop, and how to get help

Reply STOP to any message from us at any time. You will receive one confirmation message and then no further texts. STOPALL, UNSUBSCRIBE, CANCEL, END and QUIT work the same way. Reply START to resume. Reply HELP to receive our contact information and instructions. You may also contact us using the details in Section 16.

Your information

No mobile information will be shared, sold, rented, or otherwise transferred to third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent are not shared with any third party. How we handle your information is described in our Privacy Policy.

Carriers and delivery

Mobile carriers are not liable for delayed or undelivered messages. Delivery depends on the availability of your carrier's network, and messages may not be available on every carrier or device.

Section 9Marketing email

If you subscribe to our newsletter we send you email about products, offers and news, with an unsubscribe link in every message. Marketing email is entirely separate from the text message program in Section 8: subscribing to one never subscribes you to the other, and unsubscribing from one never affects the other.

Section 10Acceptable use

When using this website you agree not to:

• Break any law, or use the site for any fraudulent or unlawful purpose.
• Interfere with the site's operation or security, or attempt to gain unauthorized access to any part of it.
• Use robots, scrapers or automated means to collect content, prices or customer information.
• Resell or misrepresent our products in a way that violates a manufacturer's terms.
• Post or send anything unlawful, abusive, defamatory, or infringing on someone else's rights.

Section 11Intellectual property

The content of this website — text, layout, graphics, photographs, logos and the Marine 316 and M316 names — belongs to us or to our licensors and is protected by law. You may use the site for your own shopping and record-keeping. You may not copy, republish or use our content commercially without our written permission.

Third-party brand names and logos shown on this site belong to their respective owners and are used to identify the products we sell.

Section 12Reviews and content you submit

If you submit a review, photo, question or other content, you confirm it is your own and that it does not infringe anyone's rights, and you give us a non-exclusive, royalty-free license to display and use it in connection with our business. We may decline to publish, or remove, any submission.

Section 13Disclaimers and limitation of liability

Section 14Indemnification

You agree to indemnify and hold harmless Engineering Performance Innovations, LLC and its owners, officers and employees from any claim, loss or expense, including reasonable attorneys' fees, arising out of your breach of these Terms, your misuse of the website, or your violation of any law or third-party right.

Section 15Governing law, disputes and general terms

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in West Palm Beach, Florida, and you and we consent to their jurisdiction.

If any provision of these Terms is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with our Privacy Policy and our Shipping & Returns policy, are the entire agreement between you and us regarding the website and your orders.

We may update these Terms from time to time. The “Last updated” date at the top of this page always shows the current version, and changes take effect when posted. Your continued use of the site after a change means you accept the updated Terms.

Section 16Contact us

Questions about these Terms, about an order, or about the text message program go to: