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Privacy Policy

Our Privacy Policy was updated on October 25th 2018. It governs the privacy terms of our website, located at nospotspro.com, and the tools we provide you (the "Website" or the "Service"). Any capitalized terms not defined in our Privacy Policy, have the meaning as specified in our Terms of Use accessible below this privacy policy.

Your Privacy

Our Website follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below.

Definitions

  • Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage Data: Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Cookies: Cookies are small pieces of data stored on a User's device.
  • Data Controller: Data Controller means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
  • Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
  • Data Subject: Data Subject is any living individual who is the subject of Personal Data.
  • User: The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
  • Service: Yacht Sales, Yacht Purchases and Yacht Charters

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

  • Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to: Email address, Name, Address, State, Province, ZIP/Postal code, City, Cookies and Usage Data.

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

  • Usage Data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

  • Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use: session cookies (we use these cookies to operate our Service) and preference cookies (we use these cookies to remember your preferences and various settings).

Use of Data

We use the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Disclosure Of Data

  • Business Transaction. If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
  • Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Miracle Gas, Inc.’s. legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Miracle Gas, Inc. may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it's not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Miracle Gas, Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Miracle Gas, Inc. relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors/Banks we work with are:

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
      • Send information, respond to inquiries, and/or other requests or questions
      • Process orders and to send information and updates pertaining to orders.
      • Send you additional information related to your product and/or service
      • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CAN-SPAM, we agree to the following:
      • Not use false or misleading subjects or email addresses.
      • Identify the message as an advertisement in some reasonable way.
      • Include the physical address of our business or site headquarters.
      • Monitor third-party email marketing services for compliance, if one is used.
      • Honor opt-out/unsubscribe requests quickly.
      • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can    

  • Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us by using the contact information we provided on our Contact page or contact us using the information below.

Miracle Gas, Inc

PO Box 1850

Umatilla, Florida 32784

 

Terms of Use

This web page represents our Terms of Use and Sale ("Agreement") regarding our website, located at nospotspro.com, and the tools we provide you (the "Website" or the "Service”. The terms, "we" and "our" as used in this Agreement refer to Miracle Gas, Inc..

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, our Privacy Policy accessible above, and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.

Limited License

Miracle Gas, Inc. grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to view yachts for sale and charter and other related services through our Website.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Miracle Gas, Inc. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner.

Miracle Gas, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Miracle Gas, Inc., may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Miracle Gas, Inc.

Miracle Gas, Inc. prohibits use of any logo of Miracle Gas, Inc. or any of its affiliates as part of a link to or from any Website unless Miracle Gas, Inc. approves such link in advance and in writing. Fair use of Miracle Gas, Inc.’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than Miracle Gas, Inc. Such links are provided for your reference only. Miracle Gas, Inc. does not monitor or control outside Websites and is not responsible for their content. Miracle Gas, Inc.’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Miracle Gas, Inc.’s inclusion of the links imply that Miracle Gas, Inc. is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer

Postings on our Website are made at such times as Miracle Gas, Inc. determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Miracle Gas, Inc. does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.

THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY MIRACLE GAS, INC. ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Miracle Gas, INC. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE.

MIRACLE GAS, INC. SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS AND/OR THE CONTENT OF OUR WEBSITE FOR PRODUCTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER MIRACLE GAS, INC. OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE AND PRODUCTS, OR SERVICES PURCHASED THROUGH OUR WEBSITE, OR THRU USE OF OUR SERVICES. THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL MIRACLE GAS, INC.’S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT OF $1.00 USD PAID BY YOU TO MIRACLE GAS, INC. FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, MIRACLE GAS, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. MIRACLE GAS, INC. AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES WHATSOEVER ABOUT THE PRODUCTS FOR SALE AND OTHER SERVICES OFFERED THROUGH OUR WEBSITE.

MIRACLE GAS, INC. MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnification

YOU AGREE TO FOREVER, DEFEND, INDEMNIFY AND HOLD MIRACLE GAS, INC. HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE OR ANY PRODUCTS YOU MAY PURCHASE THROUGH IT.

 

Product Warranties

The products we manufacture carry a 5 year limited warranty

This Limited Warranty applies to devices and/or accessories manufactured by or for Miracle Gas, Inc., Inc. (“MGI”) and purchased by You in the United States or Canada (the “Product”), except for “Third Party Products,” which are services, devices and/or accessories that we are reselling or selling on behalf of a third party manufacturer, provider, or seller (“Third Party”). “You” or “Your” means the original purchaser from MGI or our authorized resellers or original end-user of the Product.

This Limited Warranty does not apply to Third Party Products, which are subject to the warranty policy provided by the Third Party; please refer to the Third Party warranty policy or contact the Third Party for warranty support of Your Third Party Product.

Before using Your Product, please read this Limited Warranty carefully to understand Your rights and obligations, including the mandatory arbitration provision and class action waiver in the Dispute Resolution and Arbitration section below, which requires you to resolve Disputes (as defined below) with us on an individual basis and through final binding arbitration.

If You do not accept this Limited Warranty, do not use Your Product. Return it unused for a refund.

MGI warrants that a new Product (including accessories packaged with it) will be free from defects in materials and workmanship under normal use in accordance with MGI’s manual and user documentation for the period set forth in the following table (defined as, “Limited Warranty Period”):

Product Type

Limited Warranty Period

No Spots Pro DI Tank

Five (5) years from the date of purchase by You

No Spots Pro XL DI Tank

Five (5) years from the date of purchase by You

All other items sold or manufactured by MGI, including but not limited to, hoses, fittings, bypass valves, ion exchange resins, TDS meters

Ninety (90) days from the date of purchase by You


If You purchased a refurbished Product, MGI warrants that the refurbished Product (including accessories packaged with it) will be free from defects in materials and workmanship under normal use in accordance with MGI’s manual and user documentation for ninety (90) days from the date of retail purchase by You. Collectively, the above warranties are MGI’s “Limited Warranty.”

This Limited Warranty is available to You and is valid and enforceable only in the specified countries where the Product is sold and applies only if You purchased Your Product from MGI or authorized resellers. This Limited Warranty does not apply to the following:

(a) ordinary wear and tear; (b) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress; (c) scratches, dents and cosmetic damage; (d) defects or damage resulting from excessive force; (e) equipment that has the serial number removed, defaced, damaged, altered or made illegible; (f) defects or damage resulting from the use of the Product in conjunction or connection with accessories or equipment not approved by MGI; (g) defects or damage resulting from testing, operation, installation, alteration, adjustment, or disassembly not approved by MGI (h) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, FREEZING, lightning, earthquake, exposure to nature or weather conditions (including extreme thermal or environmental conditions), theft, blown fuse, or improper use; (i) any Product purchased outside of the United States or Canada.

Additionally, MGI does not represent or warrant that (a) the functions contained in the Product will be accurate or meet Your requirements; (b) any defects with the Product will be corrected other than as described in this Limited Warranty.

EXCLUSIVE REMEDY: If a defect arises and You return Your Product during the Limited Warranty Period, MGI will in its sole discretion (as permitted by law) either repair Your Product using new or refurbished parts, replace Your Product with a new or refurbished Product functionally at least equivalent to the Product, or accept the return of the Product in exchange for a refund of the price You paid for the Product. If MGI repairs or replaces the Product, the repaired or replaced Product will continue to be warranted for the remaining time of the original warranty Period.

All returned parts for which You have received a replacement will become the property of MGI. Nothing in this Limited Warranty will reduce or otherwise affect Your statutory rights in relation to the Product.

To make a claim under this Limited Warranty, please write us at This email address is being protected from spambots. You need JavaScript enabled to view it.. You must provide Your name, Your contact information,  you will need to provide a purchase receipt.

The Limited Warranty written above is the only express warranty MGI provides for the Product, and the above remedy is Your sole remedy. No oral or written information, guidelines, or advice given by MGI will create a warranty. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the disclaimer of implied warranties, so some or all of the disclaimers in this section may not apply to You. MGI limits the duration and remedies of all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose, and warranties against hidden or latent defects to the duration of this Limited Warranty.

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You.

LIMITATION OF LIABILITY: You expressly understand and agree that, to the maximum extent permitted by applicable law, MGI and its subsidiaries and affiliates (collectively, “MGI Parties”) will not be liable to You under any theory of liability (whether contract, tort (including negligence), breach or failure of any warranty or otherwise) for any indirect, incidental, consequential, economic, or special damages, (including, but not limited to, damages for expenses or business interruption, property damage, attorneys’ fees, or loss of use, data, revenue, income, profits, or value of assets or securities), even if an MGI Party has been advised of the possibility of such damages that may be incurred by You in connection with the Product or this Limited Warranty.

Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. This Limited Warranty gives You specific legal rights, and You may also have other rights that vary from state to state or province to province.

MODIFICATION: No employee or representative of MGI or its affiliates or any third party is authorized to make any modification, extension or addition to this Limited Warranty whether by course of conduct or otherwise.

SEVERABILITY: If any provision or part of a provision of this Limited Warranty is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the warranty and does not affect the validity and enforceability of any remaining provisions.

CHOICE OF LAW AND JURISDICTION: The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), applies to the agreement to arbitrate to the maximum extent allowable. Except as preempted by FAA, the laws of the State of Florida, without reference to its choice of law principles, will govern this Limited Warranty. With the exception of Disputes (as defined below) in small claims court or in arbitration, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Lake County Florida, for any claims arising out of a Dispute relating to this Limited Warranty.

DISPUTE RESOLUTION AND ARBITRATION:
Please read this section carefully because it requires You to submit to binding arbitration (and jury trial waiver) of any and all Disputes (other than specified intellectual property claims and small claims) with MGI and limits the manner in which You can seek relief from MGI. No class or representative actions or arbitrations are allowed under this agreement.

Some jurisdictions may limit or prohibit arbitration agreements or class action waivers. If You are a resident of such a jurisdiction, the arbitration agreement and class action waivers below are not applicable to You. Instead, the provisions requiring that Disputes be heard in small claims court will apply to any claims that You may have against EP. If Your Dispute exceeds the monetary or other limits on jurisdiction of Your local small claims court, any Dispute will be heard in federal or state courts sitting in Lake County, Florida.

Binding Arbitration; Disputes; Small Claims. You and MGI agree to waive any right to a jury trial or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration, (which is either (a) the referral of a Dispute with an amount in controversy of less than $10,000.00 to one impartial person for a final and binding arbitration, or (b) the referral of a Dispute with an amount in controversy of $10,000.00 or more to three impartial persons for a final and binding determination); provided, however, that You have the right to litigate any Dispute in small claims court if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court only in Lake County, Florida. “Dispute” as used in this Limited Warranty means any dispute, cause of action, claim, or controversy arising out of or in any way related to the sale, condition, use, or performance of the Product, this Limited Warranty, or the subject matter of this Limited Warranty, including but not limited to personal injury disputes and disputes that involve third parties (such as developers of content), except any dispute, cause of action, claim, or controversy relating to Your or MGI’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). This section does not prevent the parties from seeking public injunctive relief in a court of competent jurisdiction.

No Class Arbitrations, Class Actions, or Representative Actions. You and MGI agree that any Dispute is personal to You and MGI and that any Dispute will only be resolved by an individual arbitration and will not be brought, whether inside or outside of arbitration, as a class or representative action, or on behalf of any other person or persons.

Federal Arbitration Act. You and MGI agree that this Limited Warranty affects interstate commerce and that the enforceability of this Dispute Resolution and Arbitration section will be governed by, construed, and enforced, both substantively and procedurally, by the FAA to the maximum extent permitted by applicable law, consistent with the Choice of Law and Jurisdiction provisions above.

Confidentiality. The arbitrators, MGI, and You will maintain the confidentiality of any proceedings, including but not limited to any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.

Process. Our goal is to resolve claims fairly and quickly. Accordingly, for any Dispute that You have against MGI, You agree to first contact MGI and attempt to resolve the claim informally by sending a written notice of Your claim (“Notice”) to MGI by email This email address is being protected from spambots. You need JavaScript enabled to view it. or by certified mail addressed to: General Counsel, Miracle Gas, Inc., PO Box 1850, Umatilla, Florida 32784, United States. The Notice must (a) include Your name, residence address, email address, and mobile telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to You will be similar in form to that described above. If You and MGI cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this Dispute Resolution and Arbitration section, submit the Dispute to binding arbitration administered by JAMS or, where applicable, in court. You will have the right to an in-person hearing in Lake County, Florida. In the case of a Dispute with an amount in controversy of less than $10,000.00, the JAMS Streamlined Arbitration Rules & Procedures will apply. In the case of a Dispute with an amount in controversy of $10,000.00 or more, the JAMS Comprehensive Arbitration Rules & Procedures will apply, and each party will pick one arbitrator, with those two arbitrators picking the third arbitrator, who will be the chief arbitrator. In the event that JAMS declines or is unable to administer the arbitration, You and MGI agree to have the arbitration administered by the American Arbitration Association (“AAA”), or another mutually agreed-upon administrator, in accordance with the AAA Consumer Arbitration Rules. If, after making a reasonable effort, You and MGI are not able to agree upon an arbitration forum, JAMS will appoint an arbitration forum or arbitrators. The arbitration will be conducted in accordance with either the JAMS Streamlined Arbitration Rules & Procedures or the JAMS Comprehensive Arbitration Rules & Procedures, as indicated above (collectively, the “JAMS Rules”) then in effect, and You agree that such rules are subject to changes that JAMS may make from time to time. The JAMS Rules and other information about JAMS and arbitration are available at https://www.jamsadr.com, or by calling 1-800-352-5267. By agreeing to this Limited Warranty, You either (1) acknowledge that You have read and understand the JAMS Rules or (2) waive reading the JAMS Rules. You and EP agree that the terms set forth in this Limited Warranty govern the arbitration. You and MGI agree that any Dispute must be commenced or filed within one year after such claim arises; otherwise, the Dispute is permanently barred.

As limited by the FAA, this Limited Warranty, and the applicable JAMS Rules, the arbitrators will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute including the power to determine the question of arbitrability; provided, however, that this power does not include the power to conduct a class arbitration or a representative action, which is prohibited by this Limited Warranty (as stated above). The arbitrators may only conduct an individual arbitration, may not consolidate more than one person’s claims, and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person.

Fees and Award. If You initiate a Dispute, You will be required to pay a $250 filing fee, which is approximately equivalent to current court filing fees. All costs associated with the arbitration will be paid by MGI. The party that does not prevail in the Dispute will be required to pay the other party’s fees and costs, including attorneys’ fees, unless You live in California, in which case EP will pay its own fees and costs. An arbitrator's award will consist of a written statement stating the disposition of each claim and will provide a concise written statement of the findings and conclusions on which the award is based.

Opt Out. You may opt out of this dispute resolution procedure by providing notice to EP no later than thirty (30) calendar days from the date of Your purchase of Your Product. To opt out, You must send notice by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. with the subject line: “Arbitration Opt Out,” and include in the e-mail (a) your name and address; (b) the date on which the Product was purchased; (c) the Product model name or model number. Alternatively, You may opt out by mailing an opt-out request with the same information to General Counsel, Miracle Gas, Inc., PO Box 1850, Umatilla, Florida 32784 United States, postmarked no later than thirty (30) days from the date of Your purchase. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of this Limited Warranty in any way, and You will continue to enjoy the benefits of this Limited Warranty.

Severability and Survival. If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Limited Warranty; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect, and the remainder of this section will be enforceable.

 

100% Money Back Guarantee:

You may return our products at your expense within 30 days for a 100% refund of your purchase price. Item must be in “as new” resalable condition. Any damaged parts may be deducted from your refund. Any water used or run through the unit will immediately disqualify your product from this refund.

CONTACT INFORMATION: This Limited Warranty is given by Miracle Gas, Inc., a Florida corporation whose principal place of business is at PO Box 1850, Umatilla, Florida 32784, United States.

 

 

 

 

 

 

 

ADDRESS

PO Box 1850, Umatilla, Florida 32784

CALL US

352-308-3141

EMAIL US

sales@nospotspro.com

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