Terms & Conditions

Welcome to Marco Engines Store. By accessing or utilizing our website, you agree to abide by the following terms and conditions (the “Terms”). If you do not consent to these Terms, refrain from using our website. Kindly review this Agreement carefully before accessing or using the Site and/or the Services, as it constitutes a legally binding contract between you and Marco Engines. Please take note of the “Dispute Resolution” clause contained in this Agreement, which mandates binding arbitration and waives jury trials and class actions. These Terms and Conditions are categorized into three parts.

Part 1 – Website Terms and Conditions – pertains to the website (including its pages and features) operated, hosted, and/or published by Marco Engines. By visiting, browsing, and/or utilizing this website, you are bound by the Website Terms and Conditions.

Part 2 – Purchase Terms and Conditions – applies to all associated services and products provided on, sold through, or about the Site (the “Services”). Ordering any products from Marco Engines subjects you to the Purchase Terms and Conditions.

Part 3 – General Terms and Conditions – encompasses specific terms and conditions that apply to both Parts 1 and 2.

By accessing or utilizing the Site and/or the Services, you automatically accept and agree to the most recent version of this Agreement. Your continued access or use reaffirms your acceptance and agreement. Marco Engines may amend this Agreement at any time. Such modifications will be posted on the Site or another page as deemed appropriate, and they shall be deemed effective as of their stated effective or modification dates. It is your responsibility to review this Agreement each time you access or use the Site or the Services.

Part 1 – Website Terms and Conditions

Use of the Site: This Agreement governs your access and use of the Site, along with any information displayed or provided therein. The Site and its contents are intended solely for personal, non-commercial use. You may download or copy the Site’s content and other downloadable materials for personal use only. No right, title or interest in any downloaded content is transferred to you.

Eligibility: The Site is exclusively offered to users aged eighteen (18) years or older, or those who have reached the age of majority in their respective jurisdictions and have accepted this Agreement. By accessing or using the Site or the Services, you affirm that you meet these eligibility requirements and agree to comply with all applicable laws.

Rights, Permissions, and Consents:

License: Subject to the terms and conditions of this Agreement, Marco Engines grants you a limited, non-exclusive, personal, freely revocable, non-transferable, and non-sublicensable license to access and view the publicly displayed pages of the Site, along with the information and content found thereon. You may only use the Site for lawful purposes and in a manner that does not infringe upon the rights of any third party. Marco Engines reserves the right to terminate this license at any time for any reason or no reason in its sole discretion. Your unauthorized use of the Site or any breach of this Agreement will automatically terminate this license.

Prohibited Activities: You are prohibited from engaging in various activities concerning the Site, including but not limited to reproducing, publishing, transmitting, distributing, displaying, modifying, creating derivative works, selling, or exploiting the Site’s content in any way. You shall not access the Site to build competitive products or websites or copy any ideas, features, or graphics. Marco Engines reserves all rights not expressly granted under this Agreement, and nothing in this Agreement restricts or limits Marco Engines’ rights, title, or interests in the Site, the Services, or any derivatives thereof.

Reservation of Rights: You obtain no rights beyond those expressly granted herein. Any attempt to transfer rights, duties, or obligations under this Agreement, except as provided herein, is void. Marco Engines reserves all rights not expressly granted under this Agreement, and nothing in this Agreement restricts or limits Marco Engines’ rights, title, or interests in the Site, the Services, or any elements or derivatives thereof.

Account Creation: Marco Engines Store offers you the option to create an account on our website using your social media accounts, such as Facebook, Google, and others. By registering with your social media account, you consent to share certain account details with us, such as name and email address, as permitted by the policies of such platforms and your current privacy settings. Any data received from your social media accounts will be managed by our Privacy Policy.

Ownership: The Site and all elements and derivatives thereof, including content, information, source codes, trademarks, trade secrets, and other intellectual properties, are owned, licensed, or permissibly used by Marco Engines. You do not retain any rights, title, or interests in or to the foregoing other than those expressly granted under this Agreement. FastOutboard Store reserves all rights not expressly granted under this Agreement, and nothing in this Agreement restricts or limits Marco Engines’ rights, title, or interests in the Site, the Services, or any elements or derivatives thereof.

Links to Other Sites, Apps, Networks, Platforms, and Servers: The Site may contain links to third-party websites, networks, platforms, servers, or applications, and vice versa. These Linked Technologies are not under the control of Marco Engines, and any use thereof is at your own risk. Marco Engines is not responsible for the information, content, goods, services, or other items found on or excluded from the Linked Technologies. Marco Engines does not endorse or make representations or warranties concerning the Linked Technologies or their contents.

Linking to the Site: All links to the Site must be approved in writing by Marco Engines, except for links that meet specific criteria outlined in this Agreement. Marco Engines reserves the right to revoke this consent to link at any time at its sole discretion.

Suspension or Termination of Service; Disclaimer: Marco Engines has the right to suspend or terminate all or any part of the Site, and shall not be liable for any loss or damage arising from such suspension or termination.

User Content: You may post, upload, publish, submit, or transmit User Content on the Site. By doing so, you grant Marco Engines a worldwide, irrevocable, perpetual, non-exclusive license to use the User Content. You are solely responsible for all User Content you make available on the Site and represent and warrant that such content will not infringe upon the rights of any third party. Marco Engines reserves the right to remove any User Content that it deems infringing or otherwise unsuitable for the Site.

Part 2 – Purchase Terms and Conditions

Registration: To make a purchase or access certain information, you must register and create a personal user account with Marco Engines (“Account”). You are allowed only one non-transferable Account, and Marco Engines may offer different types of accounts for different users. Registration using your Google or Facebook account is permitted, and by doing so, you authorize Marco Engines to access certain information on your Google or Facebook Account.

Account Activity and Information: You are responsible for all activity under your Account and must not allow third parties to access it. You should keep your Account details confidential and up-to-date. Notify Marco Engines immediately if you suspect unauthorized access to your Account. Marco Engines may access and use your Account information as necessary to fulfill its obligations under this Agreement.

Electronic Communications: By placing an order or creating an Account, you consent to Marco Engines communicating with you via electronic means for various purposes, including marketing and promotional activities. You may opt out of receiving such communications at any time by emailing service@marcoenginesug.com.

Orders: When you order products from Marco Engines, you agree to purchase them at the listed price, subject to availability. Marco Engines may accept or reject orders at its discretion and may limit quantities per person or household. Marco Engines reserves the right to refuse orders from certain regions or individuals suspected of fraudulent activity.

Shipping and Delivery: Shipping costs and delivery estimates are provided on the Site. The title to products remains with Marco Engines until full payment is received, and the risk of loss passes to you upon delivery to the provided address.

Payments: Sales transactions are processed through a third-party payment processor, and you are responsible for all amounts accrued under your Account. You must provide accurate payment information and promptly update any changes. Marco Engines reserves the right to withhold or debit funds for various purposes.

Returns: Returns are subject to Marco Engines’ Refund & Exchange Policy, and chargebacks are not tolerated. Marco Engines may report chargeback incidents to credit reporting agencies.

Competitions & Promotional Codes: Marco Engines may offer promotional codes or run competitions, subject to additional terms. Promotional codes may have restrictions and must be used within the specified period.

Gift Certificates: Gift Certificates have a validity period and may be redeemed during checkout. They are non-refundable.

Privacy and Security: Marco Engines’ Privacy Policy governs the collection and use of personal information. While Marco Engines implements security measures, it cannot guarantee protection against unauthorized access.

User Representations, Warranties, and Covenants: By accepting this Agreement, you represent that you are of legal age, have read and understood the terms, and will comply with them. You agree not to violate any laws or infringe on third-party rights.

Disclaimers and Limitations: Your use of the Site is at your own risk, and Marco Engines disclaims all warranties. Marco Engines’ liability is limited, and it will not be liable for certain damages or events beyond its control. Indonesian residents waive certain rights under the Civil Code.

These terms and conditions govern your use of Marco Engines’ services and should be carefully reviewed.

Indemnification. You hereby agree to indemnify, release, and hold harmless Marco Engines, Marco Engines’ parents, subsidiaries, and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your use of the Site or any products or services made available on, through, or in relation to the Site, (c) your violation of the rights of or other injury to any third party, (d) injuries to persons or property (including yourself) resulting from your use or purchase of any products; and/or (e) your breach of all or any part of this Agreement. This indemnification, defense, and hold harmless obligation will survive this Agreement and the termination of your use of the Site or Services.

Governing Law. This Agreement, your access or use of the Site or any Services, your creation of an Account, any transactions made on, through, or about the Site, any products or services purchased on, through, or about the Site, the Parties’ relationship, and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) is governed by the laws of Indonesia, regardless of its place of execution, its place of performance, and any conflicts of law analysis.

Dispute Resolution Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies, and claims arising from or concerning this Agreement, your access or use of the Site or the Services, any transactions made on, through, or to the Site, any products or services purchased on, through, or with the Site, and/or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential. Each Party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as a member of a class in any purported class action proceeding.

Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence, and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this Section 22 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party by the JAMS Rules. The arbitration shall be held in Indonesia. The arbitration shall be conducted in the English language. The arbitrator shall be selected by the JAMS Rules unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret but shall not vary or ignore the terms and conditions of this Agreement and shall be bound by applicable law.

Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and, in any event, not more than forty-five (45) calendar days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be by applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this Section. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the United States and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award, or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award, or other determination of the arbitrator shall be filed under seal.

Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses, and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under applicable law.

Litigation. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state and federal courts situated in Indonesia for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum. Regardless of whether a particular dispute is subject to arbitration or litigation, and to the fullest extent permitted by law, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding, or to name unnamed members in any purported class action or other proceeding.

Notice and Changes to this Agreement. Marco Engines may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Marco Engines in our sole discretion. Marco Engines reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. Marco Engines is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. In its sole discretion, Marco Engines may modify or update this Agreement from time to time, so you should review it periodically. When we change the Agreement materially, we will update the last modified date at the bottom of this page. Your continued use of the Site or Services after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these or future terms, do not use or access (or continue to access) the Site or Services.

Miscellaneous International Use. The Site is controlled and operated by Marco Engines from within Indonesia. Marco Engines makes no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. Persons who choose to use the Site from such other locations do so on their initiative and are solely responsible for compliance with all applicable laws.

Feedback. Marco Engines may use any reports, comments, ratings, reviews, and suggestions in any form regarding the Site or the Services that you provide to Marco Engines (collectively, the “Feedback”). You grant Marco Engines a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback.

Force Majeure. Marco Engines shall not be liable for shipping, processing, manufacturing, or any other delays in performance caused by any act of God, fire or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, pandemic, epidemic, or any other cause beyond Marco Engines’ reasonable control, and the time for Marco Engines’ performance shall be extended by the period of any such delay. Marco Engines reserves the right to apportion its production among its customers as it may determine.

Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability, and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of this Agreement regardless of the cause of such termination.

No Waiver. No failure or delay to exercise any right, remedy, power, or privilege arising from or in connection with this Agreement will operate or be construed as a waiver thereof, except as otherwise expressly stated in this Agreement. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion.

Assignment and Delegation. You may not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement.

Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the Parties so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.

Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement.

Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.

Entire Agreement. This Agreement, constitutes the entire agreement and understanding between the Parties concerning the subject matter hereof, supersedes any prior agreements and understandings, if any, between the Parties to such subject matter, and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

CHANGES TO THESE TERMS We may update these Terms from time to time to reflect changes in our practices.

RETURNS ADDRESS:

marcoenginesug.com
2334 Seaborn Rd, Ponder, TX 76259.

Phone: +1 828-513-2781
Email: sales@marcoenginesug.com