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Marin Door To Door Policies

Marin Door To Door has distinct policies titled Privacy Policy, Terms of Use, and Purchase Agreement. Each is on a separate Web page. According to the terms of these policies you are required to agree with them to use our Web sites.

Purchase Agreement

Notice -- Read This:
WHEN YOU PLACE AN ONLINE RESERVATION, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.

THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.

YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.

YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.

PARTIES TO THIS AGREEMENT AND DISCLAIMER:
The parties to this agreement are the Web site or its owners, hereafter "SELLER," and you, the prospective purchaser, hereafter "BUYER." Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT."

SUBJECT MATTER OF THIS PURCHASE AGREEMENT:
The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on our Web sites and/or in an email referencing our Web sites, and said Web site and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase Agreement. This bundle of offerings, including additional items promoted on the order page, shall, together, be termed 'product' throughout this agreement but the word 'product' shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.


 
   

REFUND POLICY:
Once you have made a reservation with Marin Door To Door, whether through our online reservation system, by phone, letter, email or fax, your reservation becomes "booked." If your plans change and you need to cancel your reservation, you NEED TO CONTACT MARIN DOOR TO DOOR
within 12 hours of your reservation time. This will enable us to avoid inconvenience for our other passengers.

If you contact Marin Door To Door to cancel your reservation before 12 hours of your reservation pick up time, your reservation will become cancelled.

In the event that Marin Door To Door actually owes a refund, it will be paid within 30 days of the transportation date referred to.

CANCELLATION POLICY:
Once you have made a reservation with Marin Door To Door, whether through our online reservation system, by phone, letter, email or fax, your reservation becomes "booked." If your plans change and you need to cancel your reservation, you NEED TO CONTACT MARIN DOOR TO DOOR
within 12 hours of your reservation pick-up time. This will enable us to avoid inconvenience for our other passengers. If you do not phone Marin Door To Door within 12 hours of such pick-up time, you will be considered a NO SHOW. All no-shows will be charged full rate.

RIGHTS AND OBLIGATIONS OF THE BUYER:
The Buyer must pay the full consideration for this product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be shared to third parties. However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the 'unsubscribe' link in solicitations. Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer's agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he/she retains all rights to directly restrict communication or solicitation from any party including the Seller.

The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.

The Buyer understands that cookies may be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an e-product/service and which will be able to determine if you retain the right to access the product. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Seller's computer and thereby transmit and receive information.

CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES:
CREDIT/DEBIT CARD PAYMENT SURCHARGE: If you pay by credit/debit card a $3.00 surcharge will apply.

Buyer warrants that he or she is over 15 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he or she is present when you make this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by our Web sites may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.

If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he or she authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.

Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.

Buyer agrees that if he or she causes a fraudulent dispute claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.

GUARANTEE AND WARRANTY:
This product is sold 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees absolutely nothing. There is no 'warranty period.' Marin Door To Door makes every attempt to provide reliable services to its passengers. If our driver, for some reason is unable to show up as scheduled, we will make every attempt to contact the pick up party for other arrangements to fulfill their travel reservation with Marin Door To Door. This may involve an emergency taxi pick-up at the cost of the customer's reservation fare.

If Marin Door To Door fails to appear for the scheduled pick-up time of the reservation, you must have documentation proving that you actually booked a reservation with us. Upon proving failure on the part of Marin Door To Door, Marin Door To Door will pay our customer we failed to provide services to the reservation fare they would have paid Marin Door To Door.

If the Buyer is purchasing, through our sites, a product, including membership, that is to be provided by a third party, the Buyer must look to the third party for additional warranties or guarantees, and understands that the warranties available through this site, if any are offered or construed, are extremely limited, restrictive, and short.

LIMITATION OF LIABILITY AND DISCLAIMER:
Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.

Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages to their computer resulting from the purchase or use of this product or from subsequent contact with Seller or Third Parties.

Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this product, including harm to buyer's computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Seller disclaims liability for Buyer's interaction with Third Party soliciting agents who were provided 'leads' by the Seller. Seller disclaims liability for Buyer's interactions with advertisers on the site. Seller disclaims liability for Buyer's interaction with other visitors or members of the Web site.

LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT:
Buyer agrees that the Seller's total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.

LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT:
In the event an accident takes place while enroute being transported by Marin Door To Door, passengers will be covered by insurance carried by Marin Door To Door.

If the Marin Door To Door vehicle is unable to complete the transport due to accident involving the vehicle, or mechanical breakdown of the vehicle, Marin Door To Door will provide completion of scheduled reservation through another Marin Door To Door vehicle, or through an emergency taxi, at the same fare as purchased through the reservation.

PRIVACY POLICY ACCEPTED:
Buyer expressly accepts the terms of the Privacy Policy of Seller's Web site by use of our Web sites and/or booking of a reservation.

TERMS OF USE ACCEPTED:
Buyer expressly accepts the terms of the Terms of Use of Seller's Web site by use of our Web sites and/or booking of a reservation.

RIGHT TO PUBLISH SUBMISSIONS:
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller's sole discretion.

INDEMNIFICATION:
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the product or information contained on our Web sites that results in a damage award against the Seller.

ARBITRATION:
As part of the consideration that the Sellers requires, Buyer agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.

In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE:
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. (San Rafael, California) In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.

APPLICABLE LAW:
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.

NOTICE:
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address, phone number, or mailing address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted 'unsubscribed' notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or Web site, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable rights to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.

COSTS:
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.

MODIFICATION:
This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.

ENFORCEABILITY OF PROVISIONS:
In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.

WAIVER OF BREACH:
The Seller's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.

SELLER CONTACT INFORMATION:
The Seller of this product is:

Marin Door To Door
3100 Kerner Blvd., Suite H
San Rafael, CA 94901

FINAL ACCEPTANCE:
By taking the affirmative step of using our Web sites, or booking a reservation with Marin Door To Door, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.

This document is copyrighted by Internet Law Compliance © 2003 Mining Gold Corporation and IP Management, LLC and are licensed for use by a single domain.

 
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Contact Us
 

Marin Door To Door
1322 Ross St, Unit D
Petaluma, CA 94954

MAILING ADDRESS:
P.O. Box 10522
San Rafael, CA 94912

Phone: (415) 457-2717
Fax: (415) 526-1593
Email Marin Door To Door

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Bridge Photo Courtesy of Eric J. Leopold


 


 

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