Terms of Sale

Please review these terms carefully, as these Terms of Sale (the “Terms”) govern your purchases on our website and constitute a binding legal agreement between you and MRM Innovations, LLC, (herein also referred to as “MRM Innovations,” “we,” or “us”), the owner of the VortexFountain.com website (the “Website”). By ordering products, including products manufactured by MRM Innovations or its agents (“Products”), through the Website, you signify your acceptance of these Terms. These Terms set out your rights and obligations with respect to your purchases, including important limitations and exclusions. All changes to these Terms are effective when posted on the Website. THESE TERMS CONTAIN LIMITATIONS ON LIABILITY.

  1. Types of Sales. MRM Innovations accepts orders for Products through the Website. You may place your order on our Website at any time (subject to any planned or unplanned downtime). You must pay for the Products online at the time you place the order. If you entered a valid address and your order and payment are accepted by us, your order will be shipped pursuant to the terms below. MRM Innovations will send a proof of purchase of the Products to the email address you provide. In addition, MRM Innovations will provide the proof of purchase information through the Website after the purchase transaction is complete, so that you may print the information at the time you complete the order if desired. If you have any questions regarding the ordering process, please contact us by any means listed in the How To Contact Us section below.
  2. Prices and Taxes. Prices offered on the Website are quoted in U.S. Dollars. Such prices do not include sales taxes, where applicable. You are responsible for any sales, use, excise, value added, or similar sales taxes, customs duties and brokerage fees that may apply to your order. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order, notify you through the contact information you provided during the order process, and refund to you the amount that you paid, regardless of how the error occurred.
  3. Payment Methods. MRM Innovations allows you to make your purchases using any of the payment methods described below. Please carefully read our policies with respect to payment methods before you place your order. MRM Innovations uses PayPal, a third-party, secure merchant, to process payments. You may pay using any method PayPal makes available through its payment service including most major credit cards and individual PayPal accounts. Any payment details provided by you on our Website are encrypted and transferred to PayPal using a certified secure connection. We do not collect or store your financial information and PayPal does not disclose your payment information to us. Click here to read the PayPal terms and conditions. For further information regarding Paypal’s secure systems please visit their website, www.paypal.com. When you provide your payment information, and authorize the transaction, MRM Innovations will bill your credit card, PayPal account, or otherwise process the transaction using the PayPal service. Once your order has been accepted by the Website and PayPal confirms the amount owed is authorized by the issuing bank, MRM Innovations will send a confirmation message to the email address you provided indicating that your order has been accepted (“Order Confirmation”). You represent and warrant that you have the right and are authorized to use the credit card, debit card, check card, or PayPal account you present to purchase Products and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit card, debit card, check card, or PayPal account, or your credit card, debit card, or check card issuer or PayPal does not pay MRM Innovations for the charges, then MRM Innovations reserves the right to immediately suspend or terminate the fulfillment of your order.
  4. Product Descriptions; All Sales Final. We attempt to describe and display the items offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Website are accurate, complete, reliable, current or error-free. Unless you are provided with written information to the contrary from us, all Product sales are final.
  5. Payment Disputes. If you dispute any charge for purchases of Products on the Website, you must notify MRM Innovations in writing within sixty (60) days of any such charge; failure to notify MRM Innovations shall result in the waiver by you of any claim relating to such disputed charge; and charges shall be calculated solely based on records maintained by MRM Innovations.
  6. Changes. In the event MRM Innovations agrees to a modification of a Product purchase transaction, MRM Innovations may revise prices, dates of delivery, and any warranties with respect thereto.
  7. Shipment and Delivery. You must pay for Product shipping costs to your designated location(s) within the ordering process prior to shipment of such Products. Accepted orders will be processed and Products will be shipped to valid physical addresses within the United States, Canada, and other areas as may become available. Exact shipping dates are unknown at the time you place the order and may exceed 30 days after your order is accepted. MRM Innovations will notify you if any order is estimated to take longer than 90 days to ship from the time the order is placed by you and accepted by MRM Innovations. In such circumstances, MRM Innovations will include in the notice your options as it relates to the order for Products that take longer than 90 days to ship. All claims of shortages or damages suffered in transit must be submitted directly to the MRM Innovations within the period stated below. MRM Innovations reserves the right to make partial shipments. MRM Innovations is not bound to deliver any Products for which you have not provided adequate shipping instructions, including a valid email address and phone number where you may be reached. Products may not be returned without the prior written consent of MRM Innovations through our RMA process; please see Return and Exchange Policy.
  8. Inspection. Products are accepted by you no later than the thirtieth (30th) day following delivery of Products unless the parties otherwise agree in writing; after acceptance is deemed completed, you waive any right to reject Products for nonconformity herewith.
  9. Applicability of the Privacy Policy. You agree and understand that it is necessary for MRM Innovations to collect, process and use the information you submit to MRM Innovations in order to sell Products and confirm compliance with applicable laws in respect of your transaction. MRM Innovations will protect your information in accordance with its Privacy Policy located at VortexFountain.com/privacy (the “Privacy Policy”).
  10. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL MRM INNOVATIONS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MRM INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree that if any lawsuit or court proceeding is permitted under these Terms, the aggregate liability of MRM Innovations and its affiliates and suppliers to you for all claims arising out of or related to these Terms or your use or inability to use a Product will not (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid to MRM Innovations for that Product. These limitations will apply even if the above stated remedy fails of its essential purpose. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties.Some states do not allow the exclusion or limitation of incidental or consequential or other damages, so the above limitation or exclusion may not apply to you. If you have any questions concerning this statement please email MRM Innovations at: legal@MRMInnovations.com.
  11. Indemnity. You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless MRM Innovations and its officers, directors, employees, agents, affiliates, and suppliers (“Indemnitees”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
  12. Force Majeure. MRM Innovations shall not be liable for any failure or delay in delivery or performance due in whole or in part to any cause beyond the reasonable control of MRM Innovations or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, political insurgence, insurrection, riot, civil unrest, floods, sabotage, fire, natural or other disasters or any other natural or man-made eventuality outside of MRM Innovations’ control.
  13. Governing Law; Dispute Resolution. These Terms are governed by the laws of the State of Ohio, United States, without giving effect to its conflict of law rules, and you agree to the exclusive jurisdiction and venue of the federal and state courts located in Franklin County, Ohio, United States, and waive any objection to such jurisdiction or venue. In the event of a dispute or controversy between MRM Innovations and you arising out of or in connection with your purchase, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties shall be free to pursue any right or remedy available to them under applicable law. The application of the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
  14. Export Control. You may not use or otherwise export or re-export the Products purchased via the Website except as authorized by the laws of the jurisdiction in which the Products were obtained. In particular, but without limitation, the Products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. By using the Website, you represent that you are not located in any country or on any list where the provision of Product to you would violate applicable law. You also agree that you will not use Products for any purposes prohibited by applicable law.
  15. General Provisions. These Terms constitute the entire agreement between the parties and supersedes all other communications between the parties relating to the subject matter of the Terms. The Terms may be amended, modified, or supplemented only in a writing signed by both parties. No waiver by either party of a breach hereof shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver is expressed in writing signed by both parties. The rights that accrue to MRM Innovations by virtue of these Terms shall inure to the benefit of MRM Innovations’ successors and assigns. Other terms may govern services purchased from MRM Innovations. Please contact us through any means listed below or review those terms as presented on the Website or as otherwise provided to you by MRM Innovations.
  16. Notices. MRM Innovations may give you all notices (including legal process) that MRM Innovations is required to give by any lawful method, including by posting notice on the Website or by sending it to any email or mailing address that you provide to MRM Innovations. You agree to check for notices posted on the Website. You agree to send MRM Innovations any notice by mailing it to MRM Innovations’ address for legal notices which is: MRM Innovations, LLC, PO Box 144, Columbus, OH 43216 Attention: Legal Dept. *PLEASE NOTE: All returned Products must follow the RMA return process above, and not shipped to the Notice address in this section.
  17. How to Contact Us. If you have any questions about any Product or these Terms or would like to learn more about MRM Innovations, please write to us at MRM Innovations, LLC, PO Box 144, Columbus, OH 43216, or email us at legal@MRMInnovations.com, or call us at +1 (614) 826-3076 (long distance charges may apply).