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Terms and Conditions of Use


 

Terms and Conditions

Introduction
Welcome to OCReef.com. This Site is provided by Orange County Reef Aquatics (referred to throughout this Site as "OCReef.com") as a service to our customers. Please review the following basic rules that govern your use of the OCReef.com site (the "Agreement"). Please note that your use of the OCReef.com site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. OCReef.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
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Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. OCReef.com does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of OCReef.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply OCReef.com's endorsement, sponsorship or recommendation of the third party, its information, products or services. OCReef.com is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
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Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. OCReef.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from OCReef.com on this Site and other generally available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer).
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Order Acceptance
Please note: There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
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Pricing and Content Information
While OCReef.com strives to provide accurate pricing information, pricing or typographical errors may occur. OCReef.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, OCReef.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, OCReef.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

OCReef.com does not price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, always.

Merchandise Content: OCReef.com attempts to be as accurate as possible in its product descriptions. However, OCReef.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.
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Quantity Limits & Dealer Sales
OCReef.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. OCReef.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from OCReef.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.
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Export Policy
You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
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Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by OCReef.com, one of its affiliates or by third parties who have licensed their materials to OCReef.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of OCReef.com and is also protected by U.S. and international copyright laws.

OCReef.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of OCReef.com's or any third party's intellectual property rights.

The OCReef.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of OCReef.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
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User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to OCReef.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain OCReef.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to OCReef.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

Therefore, OCReef.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. OCReef.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. OCReef.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

OCReef.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant OCReef.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify OCReef.com and its affiliates for all claims resulting from any Comments you submit. OCReef.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
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Use of Widgets Available on Our Site
The OCReef.com Site may include third party links available to you for use and display on your website or personal page (the "Widgets"). Without limiting other remedies, we may limit, suspend or terminate this license and/or your right to access or display Widgets at any time for any reason, including but not limited to your display of Widgets on a site or in a manner that we deem unacceptable for any reason.
The third party Widgets offered for download on OCReef.com are free services offered by Product Manufacturers to individuals for personal, non-commercial use only. Any other uses, including, without limitation, the incorporation of advertising for personal gain into or the placement of advertising associated with or targeted towards the Widget Content are strictly prohibited. You must use the Widget for its intended purpose only. You may not edit or modify the text, technology, content or links supplied. Individuals not complying with these practices will hold neither OCReef.com nor the manufacturers liable for any consequences, or damages directly or indirectly resulting from the misuse of the Widget. See the Manufacturers website for further details on their Widget.

Except for the license granted herein, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the Widgets, link formats, technical specifications, guidelines or graphical artwork, or with respect to the OCReef.com domain name.

In connection with your use and display of Widgets, you will: (a) use any data, images, text, or other information obtained by you from us ("Widget Content") only in a lawful manner and only in accordance with the terms of this Agreement; (b) not modify or alter Widgets; (c) not sell, redistribute, sublicense or transfer any Widget Content.

You will not display Widgets on any sites or pages that:
Promote sexually explicit material;
Promote violence or hate toward any persons or groups;
Promote illegal activities;
Promote alcohol, tobacco, gambling/lottery in any way;
Promote the use of pyramid, "ponzi", or similar investment schemes;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
Contain blogging of any form;
Include "OCReef.com", “OCReef”, "OCReef Aquatics”, “Orange County Reef Aquatics”, “Orange County Aquarium Supplies" or variations or misspellings thereof in their domain names;
Otherwise violate intellectual property rights of OCReef.com or its suppliers; or
Disparage OCReef.com, OCReef affiliates, or their suppliers;
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Colors
OCReef.com has made every effort to display the colors of products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
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Indemnification
You agree to defend, indemnify and hold harmless OCReef.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
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Termination
These Terms of Use are effective unless and until terminated by either you or OCReef.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. OCReef.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in OCReef.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or OCReef.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. OCReef.com's right to any Comments shall survive any termination of this Agreement.
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Disclaimer
THIS SITE IS PROVIDED BY OCREEF.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. OCREEF.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OCREEF.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, OCREEF.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE OCREEF.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

MERCHANDISE CONTENT DISCLAIMER:
PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. OCREEF.COM ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY OCREEF.COM.
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Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL OCREEF.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE OCREEF.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OCREEF.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OCREEF.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
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General
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of OCReef.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit OCReef.com's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.
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DMCA Notice
Procedure for Making and Responding to Claims of Copyright Infringement:
It is the policy of OCReef.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to OCReef.com's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to OCReef.com's Designated Agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to OCReef.com's Designated Agent that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OCReef.com to locate the material;
Information reasonably sufficient to permit OCReef.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


OCReef.com's Designated Agent for notice of claims of copyright infringement can be reached at the following address:

By mail:
OC Aquarium Supplies
P.O. Box 60621
Irvine, CA 92602

Upon receipt of a valid notification of alleged copyright infringement by a third party, OCReef.com shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by OCReef.com, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to the OCReef.com's Designated Agent that includes the following:

A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.



If OCReef.com receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that OCReef.com has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on OCReef.com's system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by OCReef.com, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
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Changes to the OCReef.com Terms of Use
The Terms of Use was last updated on February 10, 2009. Please check our Terms of Use periodically for changes.
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Manufacturers Warranties
OCReef.com strives to offer products that the manufacturers stand behind. Most aquarium supplies for sale on our site come with a standard Manufacturer's Warranty. In the unlikely event that a product is found to be defective, we recommend the following: first visit the manufacturer's website; follow their instructions regarding repair or replacement; this will help expedite the process, and will guarantee original manufacturer parts.
See our Manufacturers Contact Info for a list of product manufacturers.

Several of our major manufacturers policies require that you contact them by phone for assistance regarding their products. Furthermore, some of our major manufacturers have a staff trained specifically to service their product line. These manufacturers will support, repair, return or replace them in accordance with their own policies. See list below:

American Marine 800-925-4689
Aquadyne 858-495-1040
Aqua Logic 858-292-4773
Aqua Medic 970-461-0023
Aquarium Currents 570-422-6755
CPR 800-357-2995
Digital Aquatics 206-306-7061
Euro-Reef 949-770-9913
Icecap 800-7-ICECAP
Innovative Aquatics 866-4DOSING
Iwaki 508-429-1440
LaMotte 410-778-3100
Neptune Systems 408-578-3022
PFO Lighting 800-577-9690
Precision Marine 888-825-6716
Red Sea Fish Pharm 888-733-7329
Reeflo/Sequence Pumps 800-447-8342
SpectraPure 480-894-5437
Tunze 512-833-7546
Ultralife 203-922-0066
Wave2K 770-329-3682

Incidental or Consequential Damages
Incidental or Consequential Damages resulting from defective products:
Neither OCReef.com nor its affiliates have any responsibility for any incidental or consequential damages including without limitation, commercial loss or profit, or for any expenses, incidental expenses, loss of time, or inconvenience, and/or any fatal injuries resulting from defective products purchased from this site.

OCReef.com reserves the right to change or modify these terms with no prior notice.


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We have chosen this profession because we love what we do! It's our pleasure to serve you!

Sincerely, OC Reef Staff!