Welcome to MANATEE Marketing & Promotional ("MANATEE") and the gotManatee website. MANATEE and its affiliates provide services to you subject to the following terms and conditions. If you visit or shop at MANATEE, you accept these conditions. Please read carefully.
|TERMS and CONDITIONS:|
Your use of the gotManatee website is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this Site and please do not submit any orders for products or services.
These terms and conditions may be changed by MANATEE in the future, so please periodically return to this page to review the terms and conditions for amendments. Your continued use of the gotManatee website following any amendments will constitute agreement to such amendments.
We offer a variety of flexible payment options including VISA, MasterCard, American Express, personal checks, company checks, money orders, cashiers checks, wire transfers, and company purchase orders on approved credit. Please contact us for credit approval [Toll Free (877) 370-8886]. We will not charge your credit card for an item until it is shipped and invoiced, unless we request a deposit on an order. Credit card orders shipped to a location other than your billing address may require additional verification. All prices on the gotManatee site are quoted in U.S. currency and all orders are to be transacted in the same currency.
PayPal: We accept PayPal payments (for web design projects only). Even if you are not a member of PayPal, you may use your credit card. If you are a member, you would make the payment directly from your PayPal account.
Net Terms: If your company or organization is approved (prior to placing an order), you will be placed on Net Terms - meaning, once you are invoiced, your payment will be due within terms authorized for your company or organization. If you are issued credit and you are late paying your invoice, a 1.5% finance charge or the maximum permitted by law may be assessed against all accounts with past due balances. You agree to pay all the company's reasonable attorney's fees and all collection agency fees incurred in the collection of any amount owed thereunder and not paid when due.
PRICES & AVAILABILITY:
Because of the fast-moving nature of our industry, prices and availability are subject to change without notice. If a product is not in stock when you place your order (for example, not yet available or sold out), we will do our best to let you know and to let you know when we anticipate the product will be available. Anticipated delivery dates are dependent upon vendor supplies and other factors and are subject to change.
TYPOGRAPHIC, PHOTOGRAPHIC & TECHNICAL ERRORS:
Although we do our best to achieve 100% accuracy, occasionally errors & inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products & packaging depicted may differ from stock available at time of shipment. We reserve the right to substitute equivalent items.
WARRANTY DISCLAIMER AND LIMITATIONS ON LIABILITY:
MANATEE passes on all manufacturers warranties and guarantees that are provided for the products it sells. We make no additional or independent warranties. To the full extent permissible by applicable law, MANATEE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
MANATEE shall under no circumstances be liable for special, incidental, consequential (including lost profits or opportunities) or punitive damages, even if it has been advised of the possibility of such damages. The maximum liability of MANATEE for all damages shall be limited to an amount not to exceed the purchase price of the product. Likewise, MANATEE will not be liable for any damages of any kind arising from the use of its catalog or website, including, but not limited to direct, indirect, incidental, punitive and consequential damages. MANATEE makes no warranty as to the performance of any merchandise sold. This disclaimer by MANATEE in no way affects the terms of any applicable manufacturers' warranties or guarantees. MANATEE will provide copies of such warranties and guarantees upon request by calling 1-877-370-8886. 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 and remedies that vary from state to state.
Any claims against MANATEE relating in any way to your purchases from MANATEE shall be submitted to confidential arbitration. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses and attorney's fees. [This clause can be made more specific concerning the method and manner of dispute resolution.]
In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and MANATEE shall be brought in the state or federal courts located in Tangipahoa Parish, Louisiana, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.
Transactions between you and MANATEE, and any disputes arising between you and MANATEE related to any interaction between you and MANATEE, including but not limited to claims relating to the content of its catalogs and Web site, shall be governed by and construed in accordance with the laws of the State of Louisiana without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed separable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
TITLE - RISK OF LOSS:
Title to items being purchased passes from MANATEE to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. MANATEE will not incur any forwarding costs on shipments. MANATEE shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo or other acts or events outside of the reasonable control of MANATEE.
Any product returned will be credited the lower of the purchase price or current price plus and restock fees. No return will be accepted without a return authorization (RA) number. To request a RA number, please contact MANATEE Toll Free at (877) 370-8886. RA numbers are valid for ten business days after issue. Your RA number(s) must appear clearly on the shipping label of the return shipment. Affix a label to the box: PLEASE DO NOT MARK THE BOX ITSELF IN ANY WAY. In the case of any product(s) returned for any reason, the returned item(s) must be 100% complete, in original condition, with all packaging, manuals, registration card(s), accessories and software. We reserve the right to refuse a return on any product that does not meet these requirements. Shipping and Handling Fees are not refundable, with the exception of orders incorrectly shipped by MANATEE.
UNAUTHORIZED OR REFUSED RETURNS:
MANATEE will not accept unauthorized returns or exchanges. Packages without a Return Authorization Number will be refused upon return to our warehouse. Additional charges may apply if the merchandise is not returned in 100% complete condition in the original packaging. To complete a return, you must call MANATEE to obtain an RA (Return Authorization) number before returning your product to MANATEE. For faster service, please have the following information ready when calling for an RA number: Customer name, order number, item number and the reason for return.
Defective returns will be accepted for exchange or repair, at our discretion, within 30 days from the shipment date. No refunds or credit will be granted after 30 days. Please contact the manufacturer directly. A product must be diagnosed "defective" by a member of the staff at the manufacturer. All non-product-related fees (shipping and handling fees) are not refundable.
Customer agrees that it will not hold MANATEE accountable for delays in delivery occasioned by acts of God or other circumstances over which we have no direct control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall MANATEE be liable for any consequential or special damages arising from any delay in delivery. Visit shipping and returns for more information about shipping.
Our policies are subject to change without notice. We do our best to ship all orders as rapidly and accurately as possible. However, MANATEE is not liable for late or delayed shipments or system failures. Title to items being purchased passes from MANATEE to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. Terms of MANATEE's agreements with numerous vendors forbid us from exporting product, without proper documentation.
Some products are not available for sale to schools. All trademarks and registered trademarks are used to benefit of their respective owners. All trademarks and registered trademarks are used to benefit, and without intent to infringe on, the mark holder.
COPYRIGHT & TRADEMARKS: ©2014 Manatee Marketing & Promotional. All rights reserved.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, and the compilation of this content are the property of MANATEE or its content suppliers and protected by U.S. and international copyright laws. All software used on this site is the property of MANATEE or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
MANATEE and the MANATEE logo are service marks of MANATEE in the United States and other countries. MANATEE's service marks may not be used in connection with any product or service that is not provided by MANATEE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MANATEE.
All other trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between MANATEE and these companies.
ORDER ACCEPTANCE POLICY:
The advertisement of any product on this site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MANATEE reserves the right at any time after receipt of your order to accept or decline your order. MANATEE reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item in accordance with our order limitation policy.
All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit department. We may require additional verifications or information before accepting any order.
ORDER LIMITATION POLICY:
Given the popularity of some products, MANATEE may at times have to restrict the number of such items that you may purchase. It is MANATEE's policy to limit purchase quantities to 5 (of an item) per household or business within a four week period. If you have ordered more than this quantity, we will let you know if we CANNOT accommodate your request.
PRODUCTS AND SERVICES:
All new products and services available for order through the Site are distributed on behalf of third-party suppliers ("Suppliers"), unless otherwise indicated, and are sold with the Supplier's limited warranty. The warranty periods and service varies by Supplier and product. The full text of any such warranty is available, free of charge, upon written request addressed to MANATEE, Attn: Manufacturer's Warranty Request. Certain optional extra protection may be available at additional cost.
Except for the MANATEE Return Policy, all of your rights and remedies with respect to your order, purchase, possession, and use of the products and services and all maintenance, update, warranty, liability, and any other obligations related to the products and services, if any, shall be governed by the applicable policies and procedures of the Suppliers.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed separable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between the parties relating to the subject matter herein and cannot be modified except in a written agreement signed by both parties. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.