Copyright Notice and Legal Disclaimer

marinecenter.com & themarinecenter.com Copyright Notice
Copyright 1994-2007 The Marine Center. All rights reserved. This World Wide Web site is protected under copyright and trademark laws of the United States and other countries. All content, including, but not limited to photography, images, graphics, wording, and page design, are the exclusive registered property of The Marine Center. No part of this World Wide Web site may be used, taken, copied, displayed or transmitted in any form. The Marine Center will pursue criminal and civil actions for all copyright violations to the fullest extent of U.S. and International law.

Nothing contained at this World Wide Web site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any contents, including, but not limited to photography, images, graphics, wording, or page design.

All Images at this site are digitally watermarked and registered traceable if stolen. All images and specific contents are registered with appropriate U.S. and international organizations as specific legal proof of ownership.

marinecenter.com & themarinecenter.com Disclaimer of Warranty

This publication and associated email correspondence is provided “as is” with all faults and without warranty of any kind, expressed or implied. The Marine Center makes no warranties or representations regarding the accuracy or completeness of any part of this World Wide Web site and associated email correspondence, or for the accuracy of information provided by its employees, representatives or agents.

All items, sizes and prices at this World Wide Web site and associated email correspondence are subject to availability. Sizes are approximate and are subject to change without notice. Availability and quantities are not guaranteed. Prices, sizes, and availability are subject to change without notice. Sizes ordered may be substituted without notice. All orders are filled on a “first shipped first served” basis. Orders will not be held for any reason.

marinecenter.com & themarinecenter.com Limitation of Liability
In no event shall The Marine Center be liable for any incidental, consequential, or indirect damages resulting from the use of this World Wide Web site, or for the accuracy of information provided by its employees, representatives or agents, even if The Marine Center has been informed of the possibility thereof.

The Marine Center Terms of Service

Live Arrival Guarantee Terms
The Marine Center guarantees live arrival on everything we offer, with the exception of a few inherently delicate items, which will always be noted on the items page, as well as during checkout.  As we have no control over animals once they leave our care, our Live Arrival Guarantee is limited to live upon arrival. Losses that occur once the animals are in your aquarium are not covered by our live arrival guarantee.

To Establish Dead On Arrival (DOA) Claim
DOA’s must be reported to us by email. at care@marinecenter.com immediately upon receipt of the order. DOA claims not reported immediately upon receipt of the order will not be honored. Specimens that are DOA must be returned to us via US Priority Mail with delivery confirmation on the same day they are received. The customer is responsible for packaging and returning and items intact, identifiable, and in a manner that will not be discarded by the carrier. The Marine Center will not honor claims on items claimed dead and not returned and received. Claims made without following the above procedures will be denied.

To return a specimen that DOA
Any specimens that are claimed DOA must be returned to The Marine Center to validate your DOA claim. Before returning a specimen, you must contact us immediately upon receipt of the order to establish your DOA claim and for return authorization and instructions. Specimens that are DOA must be returned to us, postmarked no later than 24 hours after receipt of the order. Specimens returned for DOA claim with physical damage such as torn fins, abrasions or bite marks will not be honored. Claims made without following the above procedures will be denied. The Marine Center will not honor claims on items claimed dead and not returned and received. Live specimens cannot be returned for any reason.

Valid DOA’s
Valid DOA’s will be replaced or credited on a future order. Valid DOS’s will be replaced only with the same item. DOA credit is not transferable to different items. Credit cards cannot be credited for losses. Store credits good for 60 days. Shipping, box/heat/ice pack charges are not refundable under any circumstances. Specimens returned for DOA claim with physical damage such as torn fins, abrasions or bite marks will not be honored. DOA claims are not valid on items given as reimbursement for DOA credit. DOA claims are not valid on orders accepted by, received by or handled by anyone other than the recipient stated on your invoice. If you request your order be shipped to a third party, live arrival guarantee is void.

Delivery Terms
You must be present to sign for and take immediate delivery of your order upon its arrival. If you miss your delivery and/or request the package be left without your signature, live arrival guarantee is void. If a delivery is refused for any reason, including, but not limited to not being present to accept delivery, refusing a delivery that arrives late, or failing to retrieve a delayed shipment from the carrier, voids any and all claims by the purchaser. If a delivery is refused for any reason, the purchaser is responsible for the full cost of the invoice, plus return freight charges.  The Marine Center is not responsible for losses arising from incorrect delivery/address information provided by the purchaser. The Marine Center will not be responsible for any loss resulting from carrier delay or failure.  THE MARINE CENTER WILL UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR LOSSES DUE TO WEATHER RELATED DELAYS OF ANY KIND.  DO NOT ORDER IF YOU ANTICIPATE BAD WEATHER IN YOUR REGION.

Friday Delivery Policy

Please Note:  Live arrival is of course guaranteed on Friday providing it arrives on Friday. However, in the event of carrier delay on a Friday delivery, and the package does not arrive on Friday, live arrival guarantee is void.  In specifying Friday delivery, the customer accepts that Marine Center will in no way be liable for losses or provide any live arrival guarantee for merchandise, nor reimburse shipping costs. In specifying Friday delivery, customer accepts full responsibility and liability for retrieving packages from the carrier in the event the carrier fails to deliver or delays delivery. In the event of a Friday carrier delay, your package may not arrive until Monday or later unless you retrieve it from the carrier sooner, which is not always possible.

Refusal of Shipment
If a shipment is refused for any reason, including but not limited to not being present to accept delivery, refusing a shipment that arrives late, or failing to retrieve a delayed shipment from the carrier, voids any and all claims by the purchaser. If a delivery is refused for any reason, the purchaser is responsible for the full cost of the invoice, and return freight charges.

Limitation of Liability
The Marine Center will not be liable for any loss or damage arising from any products shipped, whether direct, indirect, special, incidental or consequential, or for the accuracy of information provided by its employees, representatives or agents, even if The Marine Center has been informed of the possibility thereof.

Refusal of Service
At our sole discretion, The Marine Center reserves the right to refuse service, without notice to anyone at any time for any reason, including, but not limited to the following. The Marine Center will not accept orders or inquires, or respond to emails, phone calls or orders recived from from parties that have refused orders, failed to retrieve delayed orders from carriers, placed and subsequently cancelled orders, made unsubstantiated or multiple or repeated dead on arrival claims or refused fair and/or reasonable resolutions offered in good faith. Ot our sole discretion, The Marine Center will not accept orders or inquires from parties that have demonstrated abusive behavior, used foul language, initiated chargebacks or parties previously involved in third party arbitration or litigation or suspected fraudulent activities.