Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Hodges Marine. The collective work includes works that are licensed to Hodges Marine. Copyright 2018, Hodges Marine ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Hodges Marine or purchasing Hodges Marine products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Hodges Marine or to purchase Hodges Marine products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Hodges Marine. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Hodges Marine used in the site are trademarks or registered trademarks of Hodges Marine. All other products, services and/or company names mentioned herein are trademarks of their respective owners.
This site is provided by Hodges Marine on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials, or products included on this site, or the suitability of the materials on this site for any purpose. The materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the site and we may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice. This site, the information and materials on the site, and the software made available on the site, are provided "as is" and we specifically disclaim all warranties, express or implied, of any kind including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall we or our affiliates or agents be liable for any direct, indirect, punitive, incidental, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) arising out of or in any way connected with the use of this site, the content or the materials in this site, the delay or inability to use this site or otherwise arising in connection with this site, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. In no event will we be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six month period preceding the date on which the claim arose. This disclaimer constitutes an essential part of this agreement.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Limitation of Liability
Hodges Marine shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Hodges Marine 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 that a Hodges Marine product is mistakenly listed at an incorrect price, Hodges Marine reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Hodges Marine 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, Hodges Marine shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Hodges Marine without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Hodges Marine may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Hodges Marine.
Your use of this site shall be governed in all respects by the laws of the state of Florida, 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 site (including but not limited to the purchase of Hodges Marine products) shall be in the state or federal courts located in Pinellas County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Hodges Marine products) must be commenced within one (1) year after the claim or cause of action arises. Hodges Marine'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. Hodges Marine may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hodges Marine or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site 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 the site or use the site 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 Site, including, without limitation, accessing data not intended for you or logging onto a server or an 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 Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of 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. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers.
If you register for an account on our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
This Site is controlled, operated and administered by Hodges Marine from its offices within the United States of America. We make no representation that Materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials and/or products in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Information, Products and Materials published on the World Wide Web may contain references or cross references to our products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or services in your country.
Hodges Marine does not and cannot review all communications and materials posted to or created by users accessing the site, 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 the site, Hodges Marine 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 site. However, Hodges Marine 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 Hodges Marine in its sole discretion.
You agree to indemnify, defend, and hold harmless Hodges Marine, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") 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 the site using your Internet account.
In an attempt to provide increased value to our visitors, Hodges Marine may link to sites operated by third parties. However, even if the third party is affiliated with Hodges Marine, Hodges Marine has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hodges Marine. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hodges Marine seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Correction of Errors
While our goal is a 100% error-free Site, we do not guarantee that any Materials or other content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer, to update content and Materials on our Site and to correct any errors, inaccuracies or omissions at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
While we will make every effort to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product or service, to remove any Materials listed on this Site and to change pricing, terms, specifications and warranties at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets or distribution channels. The prices displayed on this Site are quoted in U.S. dollars, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges, change of delivery address charges, return to sender shipping charges, address correction charges, refuse shipment charges, and state and local sales or use taxes that may apply to your order. All orders that have been processed for shipping must go through the normal RMA process to be returned or exchanged.
Hodges Marine accepts returns for up to thirty (30) days after shipment. Our return policy does not apply to the following goods: Open software, mapping/chart data cards, international orders, freight truck only items, and special order items. These items are not eligible for return, refund or exchange. Shipping charges (if any) are non-refundable. If your return is accepted by Us, We will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a credit to the payment card or original method of payment used to pay for the item, a check, or another remedy that we determine in good faith is appropriate in the circumstances. Customer must request a return merchandise authorization (RMA) through the product returns link on our website or by emailing us at email@example.com. A RMA number will be issued with instructions for returning the package within a reasonable time (normally 1-3 business days).
A prepaid return shipping label will be provided for defective items if deemed necessary by the manufacturer. The customer must first contact the manufacturer for technical support to confirm product is defective and that product replacement is deemed necessary. Please provide the name of the technician, serial number, and details about the defect. Return instructions and a label will be provided.
Eligible non-defective products may be returned for a full refund minus shipping paid (if any). To be eligible for a non-defective return, your merchandise must be unused/unopened and must be in the original packaging. Non-defective returns that show signs of installation/use, missing parts/packaging, missing proof of purchase/UPC code, or have serial numbers that do not match our records will not be accepted. Customer is responsible for return shipping costs of non-defective returns. You should consider using a trackable shipping service or purchasing shipping insurance for items of value. Hodges Marine is not liable for lost or damaged return packages.
General - Cancellations, Shipping Damage, Missing Packages, Shipment Refusals:
Orders that you submit online are processed immediately and may not be cancelled, and you may need to wait until you receive the merchandise in order to return it. Claims of shipment damage, incorrect/missing items, or non-receipt of goods must be made within seven (7) days. Customer is responsible for all costs associated with refused shipments including carrier fees, freight to the customer, and return freight. We reserve the right to refuse returns that are sent COD, without a return authorization, show signs of undisclosed installation/use, has missing parts/packaging, missing proof of purchase/UPC code, or have serial numbers that do not match our records. If you do not comply with any of the above conditions, We reserve the right to refuse the return/exchange, or to impose different or additional conditions. Please see our TERMS AND CONDITIONS for additional applicable information.
Site Polices, Modification, and Severability
Hodges Retail LLC DBA Hodges Marine Electronics
455 East Douglas Road
Oldsmar, Florida 34677
Last Revised: February 8, 2018