Terms & Conditions
THE AGREEMENT BELOW DEFINES YOUR RIGHTS AND OBLIGATIONS. BY MAKING A PURCHASE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
SOFTWARE LICENSE AGREEMENT
- This agreement is between you and Mariners Learning System™ and covers the purchase, access, and use of the Mariners Learning System™ Online Courses.
- Due to the proprietary nature of these materials once the product has been activated or course begun there are no returns or refunds allowed. (See Product Return and Cancellation Policy below for additional details)
- The access to the software is limited to One Person (1) per access key or password and may not be used at one location while simultaneously used at another.
- All Mariners Learning System (MLS) online courses expire One Year (12 months) after the date the course is activated.
- In the event a student requires more time to complete their course, upon request, MLS will reset the course and give an additional One Year (12 months) access for a fee of $95.00. The new expiration date will be One Year (12 months) from the course reset date. This Course Extension option is only available to students that have not signed up for or taken any part of their final proctored exam.
- This Software is protected by both United States and International copyright law. Therefore, you must treat this license and access to software just like a book, with the following exceptions: you agree, pursuant to the license, not rent or lease the software in any way or form. You may not copy or reproduce the software or electronic files in any manner.
- This license is not for sale. Title and copyright of the software, accompanying Documentation and any access to the software remain with Mariners Learning System™. Unauthorized use of the software or failure to comply with the above restrictions will result in automatic termination of this license and will make available to Mariners Learning System™ other legal remedies.
Software Limited Warranty
- This warranty applies to the Software, the use of which is hereby licensed, the media on which the program is supplied, and the Documentation supplied with it. Mariners Learning System™ warrants for ninety (90) days from the date of delivery that the Software, under normal use, will substantially perform as described in the documentation.
- Except for the express limited warranties, Mariners Learning System™ makes, and you receive, no warranties, express, implied statutory or any communication with you and Mariners Learning System™ specifically disclaims any implied warranty or merchantability of fitness for a particular purpose, Mariners does not warrant that the operation of the Software will be uninterrupted or error free.
- This Access to the Software is intended for training purposes and is not to be used for navigation in any way. In no event will Mariners Learning System™ be liable for any damages including damage to vessels or property, loss of life, or other consequences of navigation. Mariners Learning System™ will neither be liable for loss of data, lost profits, cost of cover or other special, incidental, consequential or indirect damages arising from the use of the Software or accompanying documentation, however caused and on any theory of liability. This limitation will apply even if Mariners Learning System™ or any authorized dealer has been advised of the possibility of such damage. You acknowledge that the license fee reflects this allocation or risk.
- Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software Restricted Rights) and DFAR 252.227-7013(c)(l)(ii) (Rights in Technical Data and Computer Software), as applicable.
- General: This agreement will be governed by the laws of the State of New Jersey and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
- Online courses expire one year after a student activates their online student classroom.
Product Return Policy
- Mariners Learning System™ has very rarely ever had an issue of product returns. Our online tours and product reviews do a thorough job of presenting the content and quality of our products. However, it is corporate policy that we establish and publish a written procedure which will be followed:
- A defective product of any type would be replaced at no expense to the customer.
- Products, other than our online courses or software, can be returned within 10 business days of the product ship date, provided that they are in the "original packaging and resalable condition." All returned products are subject to a 15% restocking and shipping fees.
- Prior to returning any product you are required to contact Mariners Learning System to request a Return Authorization Number (RA). If a RA has NOT been issued returns will NOT be accepted by our shipping and receiving department and the package will be returned to the customer at their expense.
- Individual online courses; software products, and site licenses purchased can be returned as above PRIOR to course activation or the beginning of the course. Due to the proprietary nature of these materials once the product has been activated or course begun there are NO returns or refunds allowed.
- If a customer cancels an order prior to the product being shipped a FULL credit will be issued to your account.
- For a refund request to be processed, confirmation that an RA number has been issued and that the returned product(s) have been received in "original packaging and resalable condition" is required. If the product(s) are returned without an RA authorization number or are not in the "original packaging and resalable condition" a refund WILL NOT be issued and the product will be returned to the customer at their expense.
- Refunds will be posted minus restocking and shipping fees within 2 business days of MLS confirming that the above conditions have been met.
- If an online course or software is purchased at a boat show or other special event the terms and conditions defined in the signed registration agreement supersede the above refund policy.
Proctored Exam Cancellation Policy
- Registered students who are unable to attend their scheduled proctored exam are required to cancel their appointment for testing in writing at least 14 Business Days before the scheduled test date. Cancellation for testing must sent to the Mariners Learning System™ staff in writing via email to testing@MarinersLearningSystem.com the student must receive written confirmation in order for the cancellation to be valid.
- If a student does not notify Mariners Learning System™ via email of their intention to change their confirmed proctored exam date at least 14 business days prior to the test date or if a student does not attend the registered test date, a $95.00 Fee will be assessed the next time the student registers to take a proctored exam.
- If a student does not follow the testing policy once again at a future test date, the student will be charged another fee of $95.00 when they reschedule.
- As long as this policy is followed there is No Additional Charge for changing a confirmed proctored test date.
- Any student who has questions regarding this policy is directed to contact us via email at support@MarinersLearningSystem.com.
Mediation/Choice of Laws/Jurisdiction
- The parties agree that any disputes that may arise as a result of this Agreement or the provision of products or services as a result of this Agreement will first be attempted to be resolved through discussion between the parties.
- If the dispute cannot be resolved on terms satisfactory to both parties, the parties shall in good faith enter into mediation to resolve the dispute. Upon failure to mediate any such disputes in good faith, the parties may resolve the dispute through any other legal means available, including arbitration or litigation.
- This agreement shall be interpreted and enforced in all respects under New Jersey law and the Parties consent to the exclusive personal jurisdiction of the United States District Court for the District of New Jersey or Superior Court of New Jersey over any and every dispute between Parties that refers to, related to, involves, concerns or arises out of this agreement.
- In the event any Party shall commence any claims, suits, or formal legal action to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement including, without limitation, asserted breaches of representations and warranties, the prevailing Party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
- The Parties acknowledge the legally binding nature of this Agreement.
- By executing the act of making a purchase, the Buyer is affirmatively stating that they have read and understand the terms and conditions set forth herein and that they agree to be bound by the terms and conditions of this agreement itself.
- If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
- This terms and conditions Agreement constitutes the entire understanding of the Parties with respect to the subject matter hereof, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement.
- This Agreement shall take precedence over any other documents that may conflict with this Agreement.