Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
TERMS OF USE AND CONDITIONS OF SALE
These Terms of Use and Conditions of Sale (“Terms”) constitute an agreement between you and Marktiva LLC regarding your access to and use of marktiva.com and, where applicable, quotations, orders, purchases, and sales transactions involving Marktiva.
References to “you,” “your,” “buyer,” or “customer” include the person accessing the Site and, where applicable, the individual, company, organization, or other entity on whose behalf that person is acting.
By accessing or using the Site, creating an account, requesting a quotation, accepting a quotation, submitting a purchase order, placing an order, purchasing a product, or otherwise entering into a transaction with Marktiva, you agree to these Terms to the extent applicable to the interaction or transaction.
If you act on behalf of a business or other organization, you represent that you have authority to act for and bind that entity.
If you do not agree to these Terms, do not use the Site or purchase products under these Terms.
Certain sales may also be governed by a separate quotation, order confirmation, purchase agreement, credit agreement, written warranty, or other written agreement issued or signed by Marktiva.
Where an expressly agreed written document conflicts with these Terms, the expressly agreed written document controls to the extent of the conflict.
You must have legal capacity to enter into a binding contract to use purchasing functions on the Site.
The Site is not intended for unsupervised purchasing by children.
Business customers represent that the person placing an order is authorized to make purchases on behalf of the identified business.
Marktiva grants you a limited, nonexclusive, nontransferable, revocable right to access and use the Site for lawful personal or business purposes.
You may not:
Use the Site unlawfully;
Attempt unauthorized access to the Site or related systems;
Interfere with Site security;
Introduce malware, viruses, or malicious code;
Scrape or harvest information from the Site in violation of applicable law;
Attempt to bypass technological protections;
Impersonate another person;
Use false payment information;
Submit fraudulent orders;
Use the Site to facilitate illegal conduct;
Use automated systems in a manner that unreasonably burdens the Site; or
Use Marktiva intellectual property without authorization.
We may:
Modify the Site;
Suspend Site functionality;
Restrict access;
Remove content;
Perform maintenance;
Correct errors; or
Discontinue features.
We do not guarantee that the Site will always be available, uninterrupted, error-free, or compatible with every device or browser.
If the Site permits creation of an account, you are responsible for:
Maintaining accurate account information;
Protecting passwords and credentials;
Restricting unauthorized account access; and
Promptly informing Marktiva of suspected unauthorized use.
You are responsible for activities conducted through your account to the extent permitted by law.
Marktiva makes reasonable efforts to provide useful product descriptions, specifications, dimensions, photographs, illustrations, technical information, and other product information.
However, unless expressly incorporated into a binding written agreement:
Product images are illustrative;
Colors may appear differently on different devices;
Measurements may be approximate;
Packaging may change;
Product appearance may change;
Manufacturer specifications may change;
Availability may change; and
Technical information may be updated.
Typographical, photographic, technical, pricing, inventory, or other errors may occur.
Marktiva reserves the right to correct errors to the extent permitted by law.
Many Marktiva products are commercial, industrial, raw-material, manufacturing, construction, traffic-safety, sandblasting, plastic, polymer, glass, packaging, or specialty products.
Product suitability may depend upon numerous factors outside Marktiva's control, including:
Application;
Equipment;
Manufacturing process;
Substrate;
Temperature;
Pressure;
Environment;
Storage;
Handling;
Processing;
Product combination;
Regulatory requirements;
Industry requirements;
End use; and
Customer specifications.
Unless Marktiva expressly agrees otherwise in a signed writing, the buyer is responsible for determining whether a product is appropriate for the buyer's intended use.
Commercial buyers should conduct their own testing, evaluation, engineering review, regulatory review, and quality-control procedures before full-scale use.
Product descriptions, technical information, customer-service communications, recommendations, samples, specifications, data sheets, test information, and other materials provided by Marktiva are intended to provide general product information unless expressly stated otherwise in a written agreement.
They do not constitute engineering, architectural, legal, regulatory, environmental, safety, medical, or other professional advice.
The buyer remains responsible for obtaining professional advice appropriate to its application where necessary.
Where a product is manufactured, sourced, cut, converted, packaged, blended, selected, labeled, or otherwise supplied according to customer specifications, the customer is responsible for the completeness and accuracy of those specifications.
Marktiva is not responsible for problems caused by inaccurate, incomplete, inconsistent, unlawful, or unsuitable customer-provided specifications.
A buyer requesting production to its own specifications represents that Marktiva's compliance with those specifications will not violate third-party intellectual-property rights or applicable law.
Samples may be supplied to assist a prospective commercial buyer in evaluating a material or product.
Unless expressly stated otherwise in writing:
A sample is not a guarantee that every future shipment will be identical;
A sample may not originate from the same production lot as future commercial quantities;
Variations may occur between manufacturing lots;
Color, appearance, particle characteristics, packaging, processing behavior, or other characteristics may vary within commercially reasonable or agreed tolerances; and
The buyer is responsible for evaluating suitability before commercial use.
Where lot-specific testing or certification is required, that requirement must be agreed upon before the applicable order is accepted.
For polymers, resins, plastic materials, recycled materials, virgin materials, glass products, blasting media, reflective media, powders, additives, bulk materials, or similar industrial goods, the buyer acknowledges that commercial performance can be affected by processing conditions and downstream applications.
Unless expressly warranted in a signed written agreement, Marktiva does not guarantee that a raw material will produce a particular finished product or meet a buyer's intended performance outcome.
The buyer is responsible for:
Qualification testing;
Compatibility testing;
Production trials;
Quality control;
Regulatory compliance;
Product design;
Manufacturing conditions; and
Determining suitability for the intended application.
Where safety data sheets, technical data, instructions, warnings, or other safety information are available or required, buyers and users are responsible for reviewing and following applicable information.
Customers are responsible for proper:
Storage;
Handling;
Transportation;
Processing;
Workplace safety;
Personal protective equipment;
Ventilation;
Disposal; and
End-use practices.
Commercial buyers are responsible for communicating applicable safety information to their employees, contractors, customers, and downstream users where required.
Unless otherwise stated in writing, a quotation:
Is an invitation for the customer to place an order;
May be subject to availability;
May be subject to freight adjustments;
May be subject to raw-material or market-price changes;
May be subject to minimum quantities;
May be subject to credit approval;
May be subject to production availability; and
May have an expiration date.
A quotation does not obligate Marktiva to accept an order unless Marktiva expressly accepts the resulting order.
For commodities or materials subject to significant market-price fluctuations, quoted pricing may be valid only for the period specified in the quotation.
An order submitted to Marktiva constitutes an offer to purchase.
Receipt of an order does not necessarily constitute acceptance.
Marktiva may accept, decline, limit, or cancel an order to the extent permitted by applicable law.
An order may be subject to:
Product availability;
Payment authorization;
Credit approval;
Minimum-order requirements;
Fraud screening;
Shipping restrictions;
Manufacturing availability;
Supplier availability;
Regulatory restrictions; and
Verification of pricing or specifications.
An automated confirmation that an order has been received does not necessarily constitute final acceptance if the confirmation clearly functions only as an acknowledgment of receipt.
For business-to-business transactions, terms contained in a buyer's purchase order, procurement system, acknowledgment, portal, or other document that are additional to or inconsistent with Marktiva's quotation, order confirmation, these Terms, or another Marktiva agreement are objected to and rejected unless expressly accepted by Marktiva in a writing signed by an authorized representative.
Performance or shipment by Marktiva does not constitute acceptance of conflicting buyer terms unless required by applicable law.
Prices are shown or quoted in the currency identified at the time of sale.
Unless stated otherwise, prices may exclude:
Shipping;
Freight;
Handling;
Insurance;
Taxes;
Duties;
Tariffs;
Customs charges;
Brokerage fees;
Installation;
Special packaging; and
Other transaction-specific charges.
Prices and availability may change before an order is accepted.
Marktiva may correct an obvious pricing, typographical, calculation, or listing error to the extent permitted by law.
If an accepted consumer order is affected by a pricing error, Marktiva will handle the matter in accordance with applicable law.
Customers are responsible for applicable sales, use, excise, VAT, customs, or other transaction taxes unless Marktiva is legally required to collect them.
A customer claiming exemption is responsible for providing valid exemption documentation before the transaction where required.
Payment is due according to the terms communicated for the transaction.
Marktiva may require:
Payment in advance;
Payment at checkout;
Wire transfer;
ACH payment;
Credit-card payment;
Deposit;
Letter of credit;
Cash-in-advance terms;
Credit approval; or
Other agreed payment arrangements.
For commercial accounts granted credit, payment is due according to the applicable invoice or written credit terms.
Credit terms are offered only at Marktiva's discretion.
Marktiva may:
Require a credit application;
Request trade references;
Obtain commercially available business credit information;
Establish a credit limit;
Modify a credit limit;
Suspend credit;
Revoke credit;
Require advance payment; or
Require additional security where permitted by law.
Failure to pay amounts when due may result in suspension of future orders or credit.
To the extent permitted by law and agreed in the applicable transaction, overdue commercial balances may be subject to reasonable collection costs and lawful interest or service charges.
Orders may be reviewed for fraud, misuse, export restrictions, payment irregularities, or other security concerns.
Marktiva may request additional verification before accepting or shipping an order.
We may cancel or refuse a transaction where we reasonably suspect fraud, unauthorized payment, illegality, sanctions issues, or misuse.
Shipping and delivery dates are estimates unless expressly guaranteed in a signed written agreement.
Delivery may be affected by circumstances outside Marktiva's control, including:
Carrier delays;
Weather;
Natural disasters;
Port congestion;
Labor shortages;
Strikes;
Supplier delays;
Manufacturing delays;
Equipment failures;
Customs;
Government action;
Transportation shortages;
Cyber incidents;
War;
Civil unrest;
Market disruptions; and
Other force-majeure events.
For consumer transactions, Marktiva will comply with applicable laws governing shipping representations, delays, cancellation rights, and refunds.
For commercial transactions, Marktiva is not liable for reasonable delays caused by circumstances beyond its control except to the extent expressly agreed in writing or required by law.
Freight terms for commercial transactions may be identified in:
A quotation;
Order confirmation;
Invoice;
Bill of lading;
Shipping document; or
Separate written agreement.
Where freight charges are estimates, final freight may be adjusted to reflect actual carrier charges where the parties have agreed that actual freight will apply.
Customers are responsible for providing accurate delivery information and advising Marktiva of:
Delivery appointments;
Limited-access locations;
Residential locations;
Liftgate requirements;
Inside-delivery requirements;
Construction sites;
Hazardous or restricted locations;
Dock limitations; and
Other special delivery requirements.
Additional carrier charges resulting from undisclosed delivery conditions may be charged to the commercial buyer to the extent agreed or permitted by law.
Title and risk of loss are determined by the shipping terms applicable to the transaction and applicable law.
For commercial transactions, the applicable Incoterm, FOB term, quotation, order acknowledgment, bill of lading, or separately agreed shipping term will control where specified.
Nothing in these Terms alters mandatory consumer protections that cannot lawfully be waived.
Commercial buyers should inspect shipments promptly after receipt.
The buyer should promptly notify Marktiva of:
Visible freight damage;
Shortages;
Incorrect products;
Packaging damage;
Apparent defects; or
Other readily discoverable nonconformity.
Failure to inspect or provide timely notice may affect remedies to the extent permitted by applicable law and the transaction documents.
Where freight damage is apparent at delivery, the recipient should, where reasonably possible:
Photograph the shipment;
Note damage on the delivery receipt;
Retain packaging;
Retain damaged product;
Obtain carrier documentation; and
Promptly notify Marktiva.
Failure to document carrier damage may affect the ability to pursue a carrier claim.
Nothing in this provision limits a consumer right that cannot lawfully be waived.
Returns are subject to the return policy, product listing, quotation, order terms, or other terms applicable to the transaction.
Products may be ineligible for return where permitted by law, including:
Custom-manufactured products;
Special-order products;
Made-to-specification products;
Cut-to-size materials;
Opened industrial materials;
Contaminated materials;
Used materials;
Products damaged after delivery;
Certain clearance or final-sale products; and
Products that cannot reasonably be resold.
Consumer transactions remain subject to applicable consumer-protection laws.
For commercial or industrial products, Marktiva may require a return authorization before accepting a return.
Unauthorized returns may be refused to the extent permitted by law.
The customer may be responsible for return transportation, restocking, inspection, or other agreed charges unless:
The product was shipped in error;
The product was materially nonconforming;
The charge is prohibited by law; or
Marktiva agrees otherwise.
An order may be canceled only in accordance with the applicable order terms and applicable law.
Commercial orders involving custom manufacturing, special procurement, bulk commodities, special packaging, converted materials, or supplier commitments may become noncancelable once production, procurement, conversion, allocation, or shipment has begun.
If cancellation is accepted after costs have been incurred, the commercial buyer may be responsible for reasonable documented costs associated with the cancellation to the extent agreed and permitted by law.
Custom and special-order products may include goods that are:
Manufactured to customer specifications;
Cut to customer dimensions;
Converted for the customer;
Specially packaged;
Specially labeled;
Specially sourced;
Procured specifically for the customer;
Blended specifically for the customer; or
Otherwise not normally stocked.
Unless otherwise agreed or required by law, these products may be nonreturnable and noncancelable after production or procurement begins.
For industrial, bulk, converted, or manufactured goods, commercially reasonable manufacturing tolerances may apply unless exact tolerances are expressly stated in a binding written specification.
Where industry practice permits an overrun or underrun, applicable quantity tolerance should be stated in the quotation or order confirmation.
Customers requiring exact quantity, dimension, weight, composition, packaging, color, particle distribution, or other tolerances must communicate those requirements before the order is accepted.
Certain industrial products may naturally vary between lots or production runs.
Variations may include:
Color;
Shade;
Appearance;
Particle distribution;
Bulk density;
Packaging;
Dimensions;
Processing behavior;
Recycled content;
Raw-material characteristics; and
Other commercially variable attributes.
A variation within an agreed specification or commercially reasonable tolerance does not constitute a defect solely because another lot or sample differed.
Certificates of analysis, certificates of conformance, laboratory reports, test results, technical data, or similar documentation apply only as stated in the applicable document.
Unless expressly stated otherwise:
Test results may relate only to the tested sample or production lot;
Generic technical data may not constitute lot-specific certification;
Third-party laboratory information is subject to the laboratory's methods and limitations; and
Technical data does not guarantee performance in the buyer's particular application.
Customers are responsible for determining whether their purchase, possession, storage, processing, transportation, resale, labeling, export, import, and use of products comply with laws applicable to the customer's activities and intended use.
Marktiva does not represent that every product is suitable for every regulated application or jurisdiction.
Products must not be used for an unlawful purpose.
Unless Marktiva expressly agrees in a signed writing, products are not represented as qualified for applications requiring specialized certification or safety-critical performance.
Examples may include:
Medical implants;
Life-support systems;
Aircraft structural components;
Nuclear systems;
Critical military applications;
Food-contact applications requiring specific certification;
Pharmaceutical applications;
Child-safety applications;
Or other applications where failure could reasonably result in death, serious bodily injury, or catastrophic property damage.
Customers must obtain any required certification and written approval before using a product in such an application.
If Marktiva or a manufacturer determines that a product presents a material safety or regulatory issue, Marktiva may communicate appropriate notices, recalls, corrective actions, or instructions.
Customers receiving such a notice should follow the instructions promptly and, where appropriate, communicate relevant information to downstream users.
THE FOLLOWING WARRANTY TERMS APPLY TO COMMERCIAL AND BUSINESS-TO-BUSINESS TRANSACTIONS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT FOR AN EXPRESS WARRANTY SPECIFICALLY PROVIDED IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF MARKTIVA, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKTIVA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
MARKTIVA ALSO DISCLAIMS ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, DESCRIPTION, OR OTHERWISE TO THE EXTENT SUCH WARRANTY MAY LAWFULLY BE DISCLAIMED.
NO ORAL STATEMENT, RECOMMENDATION, TECHNICAL ASSISTANCE, SAMPLE, MARKETING MATERIAL, WEBSITE DESCRIPTION, OR CUSTOMER-SERVICE COMMUNICATION CREATES A WARRANTY UNLESS IT SATISFIES THE REQUIREMENTS FOR AN EXPRESS WARRANTY UNDER APPLICABLE LAW OR IS EXPRESSLY INCORPORATED INTO A WRITTEN AGREEMENT.
THIS SECTION DOES NOT DISCLAIM A WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED.
Consumer transactions are subject to applicable federal and state warranty laws.
Nothing in these Terms is intended to disclaim or limit an implied warranty where doing so is prohibited by applicable law.
If a particular consumer product is accompanied by a written manufacturer or Marktiva warranty, the terms of that written warranty will govern its coverage.
Nothing in these Terms is intended to disclaim an implied warranty in circumstances where the Magnuson-Moss Warranty Act or other applicable law prohibits such a disclaimer.
Manufacturer warranties, where applicable, are subject to the manufacturer's terms.
A customer asserting a product defect should provide information reasonably necessary to evaluate the claim, which may include:
Order number;
Invoice number;
Product identification;
Lot number;
Photographs;
Description of the alleged problem;
Quantity affected;
Storage conditions;
Processing conditions;
Samples; and
Other relevant information.
For commercial claims involving processing or manufacturing, Marktiva may request that the buyer preserve representative samples and affected material pending evaluation.
For commercial transactions, where legally permissible and unless otherwise expressly agreed in writing, Marktiva may elect to:
Replace materially nonconforming product;
Provide conforming product;
Issue a credit;
Refund the purchase price attributable to the affected product; or
Provide another mutually agreed remedy.
Where an exclusive remedy is expressly established in a quotation, contract, or order confirmation, that remedy applies to the extent enforceable under applicable law.
Nothing in these Terms prevents remedies required by law if an exclusive remedy fails of its essential purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND PARTICULARLY WITH RESPECT TO COMMERCIAL TRANSACTIONS, MARKTIVA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE SITE, A PRODUCT, A TRANSACTION, OR THESE TERMS.
THIS MAY INCLUDE, TO THE EXTENT LAWFULLY EXCLUDABLE:
LOST PROFITS;
LOST REVENUE;
LOSS OF PRODUCTION;
LOSS OF BUSINESS;
LOSS OF CONTRACTS;
LOSS OF USE;
DOWNTIME;
RECALL COSTS;
REMOVAL COSTS;
REINSTALLATION COSTS;
REPROCESSING COSTS;
LOSS OF GOODWILL;
LOSS OF DATA; AND
OTHER CONSEQUENTIAL COMMERCIAL LOSSES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKTIVA'S AGGREGATE LIABILITY ARISING FROM A COMMERCIAL PRODUCT TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO MARKTIVA FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.
IN PARTICULAR, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH, PERSONAL INJURY, FRAUD, WILLFUL MISCONDUCT, OR OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
SOME JURISDICTIONS DO NOT ALLOW PARTICULAR LIMITATIONS OR EXCLUSIONS, SO SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU.
For commercial transactions, the parties acknowledge that product pricing reflects the allocation of risk contained in these Terms.
To the extent permitted by applicable law, consequential damages are excluded even if Marktiva has been advised that such damages may occur.
This provision is intended to apply particularly to commercial losses arising from manufacturing, processing, resale, downtime, production interruptions, product incorporation, or downstream use.
To the extent required by applicable law, a buyer asserting a claim must take commercially reasonable steps to prevent avoidable additional loss.
Commercial buyers should stop using allegedly defective material where continued use could materially increase damages and should promptly notify Marktiva.
To the extent permitted by applicable law, a commercial customer agrees to defend, indemnify, and hold harmless Marktiva and its owners, officers, employees, agents, and affiliates from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from:
The commercial customer's unlawful use of a product;
The customer's modification of a product;
The customer's finished product;
The customer's manufacturing process;
The customer's failure to follow safety information;
The customer's violation of law;
The customer's violation of third-party intellectual-property rights through customer-supplied specifications;
The customer's misrepresentation concerning a Marktiva product; or
The customer's material breach of these Terms.
This indemnification obligation does not apply to the extent a claim results from Marktiva's own conduct for which indemnification cannot lawfully be required.
To the extent permitted by law, Marktiva is not liable for delay or failure to perform a commercial obligation caused by events beyond its reasonable control.
Such events may include:
Natural disasters;
Hurricanes;
Floods;
Fires;
Severe weather;
Earthquakes;
Pandemics;
Epidemics;
War;
Terrorism;
Civil unrest;
Government action;
Embargoes;
Sanctions;
Import restrictions;
Export restrictions;
Tariff changes;
Port closures;
Transportation interruptions;
Carrier delays;
Supply shortages;
Raw-material shortages;
Utility failures;
Cyberattacks;
Labor disputes;
Strikes;
Equipment failure;
Supplier failure; and
Other events beyond reasonable control.
Affected obligations may be suspended for the duration of the event to the extent reasonable under the circumstances.
Consumer rights that cannot legally be waived remain unaffected.
Where a commercial supply shortage prevents fulfillment of all customer demand, Marktiva may allocate available inventory among customers in a commercially reasonable manner to the extent permitted by law.
Marktiva may also offer substitute products, revised lead times, or cancellation where appropriate.
Products, software, technical information, or transactions may be subject to United States export-control, sanctions, customs, or trade laws.
Customers agree not to use, export, re-export, transfer, or resell products in violation of applicable law.
Marktiva may decline, suspend, or cancel a transaction when reasonably necessary to comply with:
Export controls;
Economic sanctions;
Restricted-party rules;
Customs laws;
Embargoes;
Anti-boycott laws; or
Other applicable trade restrictions.
Business customers may not use a Marktiva transaction to facilitate bribery, kickbacks, money laundering, fraud, or unlawful payments.
Marktiva may refuse or terminate transactions reasonably believed to violate applicable anti-corruption or financial-crime laws.
Unless a separate written agreement states otherwise, purchasing products from Marktiva does not appoint the buyer as:
An authorized dealer;
Exclusive distributor;
Agent;
Representative;
Franchisee;
Partner; or
Joint venturer of Marktiva.
A reseller may not make warranties or representations on Marktiva's behalf without written authorization.
The Site and its content may contain intellectual property owned by Marktiva or used under license, including:
Trademarks;
Trade names;
Logos;
Text;
Graphics;
Photographs;
Product descriptions;
Designs;
Site layout;
Software;
Databases; and
Other content.
Except as permitted by law or expressly authorized in writing, you may not:
Copy;
Reproduce;
Republish;
Distribute;
Sell;
Modify;
Create derivative works from;
Exploit; or
Use Marktiva intellectual property for commercial purposes.
Nothing on the Site grants a license to use a Marktiva trademark except with prior written permission.
Third-party product names, manufacturer names, trademarks, and logos appearing on the Site remain the property of their respective owners.
Reference to a third-party brand does not necessarily imply sponsorship, endorsement, or affiliation beyond the commercial relationship actually existing between the parties.
If the Site permits product reviews, comments, photographs, testimonials, or other customer content, you remain responsible for content you submit.
You represent that:
You have the right to submit it;
It is not knowingly false;
It does not violate law;
It does not infringe another person's rights; and
It does not contain malicious code.
To the extent permitted by applicable law, submitting content grants Marktiva a nonexclusive, worldwide, royalty-free license to use, reproduce, display, and distribute that content in connection with Marktiva's business and marketing.
Nothing in these Terms prohibits a consumer from providing an honest review, assessment, or opinion about Marktiva's products, services, or conduct, and nothing is intended to restrict rights protected by the Consumer Review Fairness Act or other applicable law.
Do not provide confidential proprietary information to Marktiva through a public review, comment, or other public-facing Site feature.
Confidential technical or commercial information should be transmitted through an appropriate private communication channel.
Any separately executed nondisclosure agreement controls information within its scope.
The Site may contain links to third-party websites.
Links are provided for convenience and do not necessarily constitute endorsement.
Marktiva does not control independently operated third-party websites and is not responsible for their content, availability, privacy practices, cybersecurity, products, services, or terms.
THE SITE AND GENERAL SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
MARKTIVA DOES NOT WARRANT THAT:
THE SITE WILL ALWAYS BE AVAILABLE;
THE SITE WILL BE ERROR-FREE;
THE SITE WILL BE FREE OF ALL HARMFUL COMPONENTS;
EVERY DESCRIPTION WILL BE ERROR-FREE; OR
EVERY PRODUCT WILL REMAIN AVAILABLE.
THIS DISCLAIMER DOES NOT LIMIT RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED.
Use of personal information associated with the Site is governed by the Privacy Policy contained above.
The Privacy Policy is incorporated into these Terms by reference to the extent relevant.
When you communicate electronically with Marktiva, you consent to receive communications electronically where legally permissible.
Electronic communications may include:
Order confirmations;
Invoices;
Shipping notices;
Account communications;
Legal notices;
Customer-service responses; and
Other communications.
Nothing in this section changes consent requirements applicable to marketing emails or marketing text messages.
To the extent permitted by applicable law, Marktiva may maintain records of:
Orders;
Emails;
Customer-service communications;
Quotations;
Purchase orders;
Invoices;
Shipping documents;
Claims; and
Other transaction-related communications.
Nothing in these Terms creates a:
Partnership;
Joint venture;
Agency relationship;
Employment relationship;
Franchise; or
Fiduciary relationship
between Marktiva and a customer unless expressly established in a separate written agreement.
To the extent permitted by applicable law, these Terms and transactions governed by them are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
The United Nations Convention on Contracts for the International Sale of Goods will not apply to commercial transactions governed by these Terms to the extent its application may validly be excluded.
Mandatory consumer laws that cannot lawfully be waived remain applicable.
To the extent permitted by applicable law, any judicial proceeding arising from or relating to these Terms, the Site, or a transaction with Marktiva that is not otherwise subject to a separate dispute-resolution agreement will be brought in a state or federal court with jurisdiction in Harris County, Texas.
The parties consent to personal jurisdiction in those courts to the extent legally permissible.
This venue provision does not deprive a consumer of a forum or statutory right that cannot lawfully be waived.
For business-to-business transactions only, and to the extent permitted by applicable law, any action for breach of a commercial sales contract governed by these Terms must be commenced within one year after the cause of action accrues unless a different period is stated in a signed written agreement.
This provision does not apply where applicable law prohibits contractual shortening of the limitations period.
Before initiating litigation over a commercial dispute, the parties are encouraged to attempt in good faith to resolve the dispute through direct discussions.
A party may provide written notice describing:
The nature of the dispute;
The relevant transaction;
The requested resolution; and
Relevant supporting information.
This section does not prevent either party from seeking emergency or injunctive relief where appropriate.
A violation involving intellectual property, confidential information, unauthorized system access, or misuse of the Site may cause harm for which monetary damages alone are inadequate.
To the extent permitted by applicable law, Marktiva may seek injunctive or equitable relief in addition to other legally available remedies.
You may not assign a commercial contract governed by these Terms without Marktiva's prior written consent where such consent is permitted by law.
Marktiva may assign rights or obligations in connection with:
A merger;
Corporate restructuring;
Financing;
Sale of business;
Sale of assets; or
Similar transaction
to the extent permitted by law.
If a provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where legally possible.
If it cannot be made enforceable, it will be severed.
The remaining provisions will remain in effect to the extent permitted by law.
Failure by Marktiva to enforce a provision on one occasion does not constitute a waiver of the provision or of the right to enforce it later.
A waiver is effective only to the extent expressly given.
If multiple documents apply to a commercial transaction, the following order generally controls unless the parties expressly agree otherwise:
A separately negotiated and signed contract;
A Marktiva order confirmation expressly modifying these Terms;
A Marktiva quotation expressly incorporated into the transaction;
These Terms;
Other transaction documents.
Buyer boilerplate or conflicting purchase-order terms do not supersede Marktiva's terms merely because they appear in the buyer's document, except to the extent applicable law requires otherwise.
These Terms, together with the applicable:
Quotation;
Order confirmation;
Invoice;
Product-specific terms;
Written warranty;
Credit agreement;
Privacy Policy; and
Any separately signed agreement
constitute the agreement governing the applicable subject matter.
Nothing in this section excludes liability for fraudulent misrepresentation or another matter that cannot legally be excluded.
Marktiva may revise these Terms from time to time.
Changes will be effective prospectively upon publication unless another effective date is stated.
The Terms applicable to an accepted order are generally those incorporated into or applicable to that transaction when the contract was formed, except where the parties subsequently agree otherwise or applicable law requires otherwise.
The Last Updated date identifies the most recent revision.
Provisions that by their nature should survive termination or completion of a transaction will survive, including provisions concerning:
Payment;
Intellectual property;
Warranty limitations;
Liability limitations;
Indemnification;
Confidentiality where applicable;
Dispute resolution;
Governing law; and
Accrued rights.
Nothing in these Terms or the Privacy Policy is intended to:
Waive a right that cannot legally be waived;
Disclaim a warranty that cannot legally be disclaimed;
Limit liability that cannot legally be limited;
Eliminate a statutory remedy that cannot legally be eliminated; or
Restrict rights granted under mandatory consumer-protection law.
Where a provision conflicts with mandatory applicable law, the mandatory law controls only to the extent of the conflict, and the remaining provisions continue to apply.
Questions regarding these Terms, products, orders, quotations, or transactions may be directed to:
Marktiva LLC
5890 W Fuqua St, Suite 100
Houston, TX 77085
United States
Email: support@marktiva.com
Website: marktiva.com
By accessing or using the Site or entering into a transaction governed by these Terms, you acknowledge that you have had an opportunity to review the applicable terms.
For commercial purchases, placing an order after being provided or given reasonable access to these Terms constitutes acceptance to the extent permitted by applicable law.
For online consumer transactions, Marktiva may require affirmative acceptance of these Terms during checkout or another appropriate point in the transaction.
These Terms and the Privacy Policy are intended to be interpreted consistently with applicable federal and state law.
END OF PRIVACY POLICY AND TERMS OF USE AND CONDITIONS OF SALE
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