Pakayak.com Website (the “Site”) is owned and operated by Pakayak LLC. Any and all rights reserved for Pakayak, Pakayak.com, and/or Pakayak.com Website are also hereby transferred to Pakayak LLC throughout this and all other documents of the Pakayak.com Website. The words “we” and “our” herein refer to Pakayak LLC; the words “you” and “your” refer to any user of the Site.
Terms and Conditions of Sale
By buying from Pakayak.com, you accept Pakayak.com’s Terms and Conditions of Sale, herein known as Terms and Conditions of Sale. By clicking the “Place Order” button, at the bottom of the Checkout page, you acknowledges that you have read, understood and do accept these Terms and Conditions of Sale. If you do not agree to these Terms and Conditions of Sale, you should not purchase items from Pakayak.com.
Pakayak.com does not sell products to unregistered users over the Internet. All users wishing to make a purchase must be registered with Pakayak.com. Users may only purchase via Pakayak.com’s Website logged in under their own name. Registered users may not transfer their account to unregistered users without the expressed permission of Pakayak.com.
Pakayak.com reserves the right to change, modify or amend these Terms and Conditions of Sale at any time by updating this posting. The Consumer should visit this page periodically to review the Terms and Conditions because they are binding on the Consumer. All products are subject to the Terms and Conditions of Sale at their time of purchase.
The Consumer agrees that orders submitted to Pakayak.com via the Internet, whether through the Website, or e-mail, constitute the signed writing of the Consumer, fully effective and enforceable for all purposes, including but not limited to satisfaction of requirements of the Statute of Frauds.
The Consumer’s receipt of any form of order confirmation does not signify Pakayak.com’s acceptance of the Consumer’s order, nor does it constitute confirmation of our offer to sell. We may require additional Consumer information before accepting any order. Pakayak.com reserves the right at any time after receipt of the Consumer’s order to accept or decline an order for any reason. Pakayak.com reserves the right at any time after receipt of an order, without prior notice to the Consumer, to supply less than the quantity ordered of any item. If the Consumer fails to make payment on an order, Pakayak.com retains the right to resell the products ordered.
Other Documents
The Terms of Sale for Pakayak.com may not be altered, supplemented or amended by the use of any other document. All documents and transactions that are subject to additional or altered terms are considered null, unless otherwise agreed upon in writing by the Consumer and Pakayak.com, prior to any purchase.
Governing Law
These Terms of Sale and Pakayak.com shall be governed by the internal laws of the State of Delaware, without regard to conflicts of law or choice of law principles. If any provision of this Agreement is found by a court with competent jurisdiction to be invalid, the invalidity of such a provision shall not affect the validity of the remaining provisions of this Agreement.
Payment Terms
Terms of payment are within Pakayak.com’s discretion and unless otherwise agreed by Pakayak.com, payments for products will be made by Master Card, VISA credit cards or as listed in the payment selection drop down box on the order summary page. Pakayak.com must receive payment prior to Pakayak.com’s acceptance of an order. Orders are not binding upon Pakayak.com, until accepted by Pakayak.com. If the Consumer fails to make payment on an order, Pakayak.com retains the right to resell the products ordered.
Shipping and Handling Fees
Separate charges for shipping and handling will be shown on Pakayak.com’s invoices and receipts of sale.
Taxes
Connecticut and Ohio State Laws requires that Pakayak.com collect sales tax on the full amount of the order including shipping and handling, on all orders shipped to and within the states of Connecticut and Ohio. The Consumer is responsible for all other taxes, fees, and duties associated with the order.
Export
The United States controls the export of products and information. The Consumer agrees to comply with such restrictions and not export or re-export products purchased from Pakayak.com to countries or persons prohibited under the export control laws. By using this Website, the Consumer agrees that the Consumer is not in a country where such export is prohibited or a person or entity to which such export is prohibited. The Consumer is responsible for compliance with the laws of the Consumer’s local jurisdiction regarding import, export and re-export of products and information.
Title
Title to products passes from Pakayak.com to the Consumer upon physical receipt of the products ordered. When fulfillment of an order is divided, i.e. between warehouses, carriers or for other reasons, the title of each product is transferred upon physical receipt of each individual product.
Additional Terms and Conditions Applicable to the Use of this Site
Use of Website
By using the Site, you agree to comply with these Additional Terms and Conditions. Pakayak grants You the right to access and use the Site. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
Accessing the Website
To access certain features on the Site, You may be asked to provide certain payment details or other information. It is a condition of Your use of the Site that all the information You provide is correct, current, and complete. You agree that all information You provide, including but not limited to through the use of any interactive features of the Site, is governed by our Privacy Policy. You consent to all actions we take with respect to Your information consistent with our Privacy Policy.
Disclaimer of Warranties
USE OF THE SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION CONTAINED ON OR PROVIDED THROUGH OR ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR SITE, WITH OR WITHOUT NOTICE TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PAKAYAK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, EXCEPT AS STATED IN THE TERMS AND CONDITIONS OF SALE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL PAKAYAK BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SITE.
TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS SHALL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.
IF YOU ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE.
Intellectual Property
All intellectual property rights in the Site are the property of Pakayak.
The Pakayak name, the Pakayak logo and all related names, logos, product and service names, designs, and slogans are trademarks of Pakayak.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, code, HTML, text, displays, images, graphics, artwork, photographs, video and audio, and the design, selection, and arrangement thereof), are owned by Pakayak or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Information About You and Your Visits to the Website
All information we collect on this Site is subject to our Privacy Policy. By using the Site, You consent to all actions taken by us with respect to Your data in compliance with the Privacy Policy.
Limitations on Your Use of the Site
You agree not to access or use the Site in an unlawful way, for any unlawful purpose, or for any purposes other than its intended purposes. You agree not to (i) post or transmit any information which is libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, (ii) take any action that imposes an unreasonable load on the Site’s infrastructure, (iii) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, including any virus, worm, Trojan horse, or other code which is contaminating or destructive to the files or programs of the Site, (iv) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Website, or (v) delete or alter any material posted on the Site. Pakayak reserves the right to delete any information provided by You that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of a copyright, trademark, or other intellectual property or ownership right of any other person.
Links to Third-Party Sites
The Site may contain links to third-party websites that are not under the control of Pakayak or its partners. These links are provided solely as a convenience and do not imply an endorsement or recommendation by Pakayak. Use of any third-party websites is governed by their own terms of use and privacy policies and Pakayak is not responsible for and does not make any representations regarding the content or accuracy of materials on such third-party sites. Accordingly, Pakayak is not responsible for the accuracy, copyright compliance, legality, or legitimacy of material contained in third-party websites that may be accessible via a hyperlink to or from this Site. Pakayak does not make any representations or warranties as to the security of any information You might be requested to give any third party, and You hereby irrevocably waive any claim against Pakayak with respect to such sites. You should take precautions when downloading files from all websites to protect Your computer from viruses and other destructive programs. If You decide to access any external sites, You do so at Your own risk.
Entire Agreement
This Agreement and our Privacy Policy constitute the sole and entire agreement between You and Pakayak with respect to the Website and use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to use of the Website.
Modifications to this Agreement
We may, without advance notice, supplement or change this Agreement at any time. Any changes made to this Agreement will be effective as soon as we post them on the Pakayak Website. By accessing the Website, You agree to be bound by all the terms and conditions of this Agreement as posted on the Pakayak Website at the time of Your access or use. It is Your sole responsibility to review this Agreement each time You access the Website so that You are aware of any changes to the Agreement. If any change to this Agreement is not acceptable to You, Your sole remedy is to cease accessing, browsing, and otherwise using the Website.
Modifications to the Website
We are constantly changing and striving to improve the Website. We may update the content pertaining to the Website from time to time, but its content is not necessarily complete or up to date. Any of the material pertaining to the Website may be out of date at any given time, and we are under no obligation to update such material. We may add or remove functionalities or features, and we may suspend or stop the Website altogether.