Kingofthecrawl.com Terms of Service
Acceptance of Terms
King of the Crawl (hereinafter sometimes referred to as “We,” “Us” or “Our”) welcomes you to Our website, www.kingofthecrawl.com (the “Site”). We are glad to provide you with the services set forth below subject to the following terms of service (“Terms”). Please read these Terms carefully because by accessing and using the Site and its associated content, you accept and agree to be bound by them. If you don’t agree with these Terms, then do not use or access the Site. We may change these Terms from time to time without notice to you. Your continued use of the Site indicates your acceptance of those changes. This Site may contain links or pointers to other Internet websites, social networks or services that are not operated or controlled by Us. The Site may also provide you with access to third-party software through which you may access resources on Our Site. We provide these links, pointers and software solely as a convenience to you, and they do not constitute any endorsement by Us or Our partners or suppliers. We are not responsible for the practices of these third-party websites, services or software, and different terms will be applicable to your use of those websites, services or software not operated or controlled by Us. We encourage you to carefully read the terms of service of each website you visit.
Description of Our Services
We provide access through Our Site to a rich collection of resources including, without limitation, fishing products, accessories, audio recordings, videos, training materials, podcasts, and promotional communications (the “Services”). Unless explicitly stated otherwise, any new features, products or services that We may add to the existing Services shall also be subject to these Terms. We reserve the right to, at any time and from time to time, modify, remove, block or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice to you. You agree that We shall not be liable to you or to any third party for any modification, error, omission, suspension or discontinuance of the Services, or any part thereof.
Copyright and Limited License to Use our Online Materials
All content on the Site and all content made available through the Services including, without limitation, audio recordings, text, graphics, logos, printed materials, Software and webpage data files (collectively "Online Materials") are the copyrighted property of King Pacific Corporation and subsidiary, King of the Crawl, unless otherwise indicated. All trademarks, service marks, and trade names are proprietary to King Pacific Corporation. All software including, without limitation, all HTML code, Java script and ActiveX controls (“Software”) contained in the Site, is owned or licensed by Us or our supplier and is protected by copyright laws and international treaty provisions. Use of any Software accessed through the Site is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. We do not transfer title of the software to you. We or the third-party licensor retain full and complete title to the software and to all of the associated intellectual-property rights. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil or criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPORDUCTION, REDISTRIBUTION, REVERSE ENGINEERING, DISASSEMBLY, CONVERSION OR SALE IS EXPRESSLY PROHIBITED. Everything you download from the Site including, without limitation, any Software, files, images or data is considered licensed to you by Us or third-party licensors for your personal, non-transferable, non-commercial home use to view or listen to the content provided in accordance with these Terms and for no other purpose. No Online Materials from the Site may be copied, reproduced, republished, redistributed, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Online Materials on any single computer for your personal, noncommercial home use only, provided that you 1) retain all copyright, trademark and propriety notices; 2) you do not modify or edit the Online Materials in any way; 3) you do not use the Online Materials in a manner that suggests an association with any of Our products, Services, events or brands; and 4) you do not download quantities of Online Materials to a database, server, or personal computer for reuse for commercial purposes or any purpose not expressly permitted herein. You may not add, delete, distort or misrepresent any content on the Site or in the Services or Online Materials. Any attempt to modify Online Materials, or to defeat or circumvent any of Our security features, is prohibited and considered a breach of these Terms.
You must be aged 13 or older to use the Services. In consideration of your use of the Services, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction, and you agree to abide by these Terms. You agree to provide true, accurate, current and complete information to Us about yourself when requested. If you provide any information that is untrue, inaccurate, not current or complete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, We have the right to refuse any and all current or future use of the Services by you. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge and agree that use of the Services may result in interstate data transmissions. Accessing the Site or Services from countries or territories where the content is illegal is prohibited. By accessing the Site, you assume responsibility for compliance with all applicable laws, and your continued access or use of the Site is deemed your agreement to all Terms, conditions and notices contained herein. You agree not to reproduce, duplicate, copy, sell, trade, resell, hack or exploit for any purpose whatsoever any portion of the Site or any use of the Services. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN NEGLIGENT OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH, RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES OR SITE OR ANY THIRD-PARTY SITE LINKED TO THE SITE; (ii) THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR SITE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES, SOFTWARE OR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, OUR LIABILTIY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY AND EVERY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE USE OF OUR SERVICES.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, SITE AND SOFTWARE ARE AT YOUR OWN RISK. THE SERVICES AND SOFTWARE PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, SITE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES, SITE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE OR FREE OF VIRUSES OR DEFECTS; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, SITE OR SOFTWARE WILL BE ACCURATE, RELIABLE, USEFUL OR EXPECTED; (iii) THE SERVICES, SITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, DOWNLOADED, OR OBTAINED BY YOU THROUGH THE SERVICES, SITE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SERVICES, SITE OR SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless King Pacific Corporation and its subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers and licensors from any claim or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of (i) any content you submit, post, transmit, modify or otherwise make available through the Services or Site; (ii) your use of the Services or Site; (iii) your connection to the Services or Site; (iv) your violation of these Terms; or (v) your violation of any rights of another.
Purchases and Pricing
When you make a purchase through the Site, all billing information you provide to Us must be truthful and accurate. Your failure to provide true and accurate information constitutes a breach of these Terms and may result in order cancellation and/or legal action. Prior to accepting an order We may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our loss prevention efforts. If We cancel your order after your credit card or other payment account has been charged, We will issue a credit to your payment account in the amount of the charge. We may request a pre-authorization for some orders placed online with a credit or debit card. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). We reserve the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and to orders that use the same billing and/or shipping address. We are not able to confirm the price of an item until after your order is placed. Pricing errors may occur on the Site. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Us. Pricing for products on the Site may be different from prices available at other sites or stores.
You may return most new, unopened items within 30 days of delivery for a full refund. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
If you need to return an item, please call or use the Contact Us form to contact a King of the Crawl representative. We'll notify you via e-mail of your refund once we've received and processed the returned item.
These Terms are applicable to you upon your accessing the Site or Services. These Terms, or any part of them, may be terminated by Us without notice at any time, for any reason. Provisions relating to copyright, trademark, limitation of liability, disclaimer of warranties, indemnification and general information, as set forth in these sections respectively, shall survive termination.
These Terms constitute the entire agreement between you and Us and governs your use of the Services, superseding any prior version of these Terms between you and Us with respect to the Services. You and We each agree that these Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes, regardless of theory, arising out of or relating to these Terms, or the relationship between you and Us, shall be brought exclusively in the courts located in the county of Orange, California. You and We agree to submit to the personal jurisdiction of the courts located within the county of Orange, Huntington Beach, California and agree to waive any and all objections to venue in such courts and to the exercise of jurisdiction over the parties by such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. If We should fail to exercise or strictly enforce any right or provision of the Terms it shall not constitute a waiver of such right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify these Terms. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms remain in full force and effect. We may assign our rights and duties under these Terms to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
Last Updated: Oct 29, 2016