Terms of Service

OVERVIEW

This website is operated by primecanoe.com. Throughout this site, the terms “we”, “us”, “our” and “primecanoe.com” refer to primecanoe.com. primecanoe.com offers this site, including all information, tools and services available from this site, conditioned on your acceptance of all terms, conditions, policies and notices stated here.

These Terms constitute a binding agreement between you and primecanoe.com and its subsidiaries. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein or available by hyperlink.

These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, or content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the store will be subject to these Terms of Service. You can review the current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to primecanoe.com. It is your responsibility to check this page periodically for changes. Your continued use of the website after any changes constitutes acceptance of those changes.

The “Services” refer to our website(s), mobile apps or other online products and services. The Services include an online platform that enables purchase of consumer goods.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent you are at least the age of majority in your jurisdiction, or that you are of age and have consent to allow any minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws (including copyright laws) in your use of the Service.

You must not transmit worms, viruses, or any code of destructive nature.

A breach or violation of any of these Terms will result in immediate termination of your access to the Services.

SECTION 2 – GENERAL CONDITIONS & ELIGIBILITY

We reserve the right to refuse service to anyone for any reason, at any time.

You understand that your public content (excluding credit card info) may be transferred unencrypted over networks and may be adapted to technical requirements.

You agree not to reproduce, duplicate, copy, resell or exploit any part of the Service or access to the Service without express written permission.

The headings are included for convenience and do not limit or affect these Terms.

No part of the Services is intended for persons under 13 years of age. If you are under 13, do not use or access the Services.

If using the Services on behalf of a company or organization, you represent you are authorized to bind that entity to these Terms.

You are responsible for your account login credentials and for all activity under your account. If you register, your account is personal and nontransferable.

You agree to notify us immediately of any unauthorized use of your account.

SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS

We are not responsible if information on this site is inaccurate, incomplete or not current. The materials are provided for general information only and should not be relied upon without consulting primary or more up-to-date sources.

We reserve the right to modify site content at any time without obligation to update. You agree it is your responsibility to monitor changes.

SECTION 4 – MODIFICATIONS TO SERVICE & PRICES

Prices for our products may change without notice.

We may modify or discontinue the Service (or any part) at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS & SERVICES

Some products or services may only be available online. These may have limited quantities and be subject to return or exchange policies.

We attempt to show colors and images accurately, but cannot guarantee that your monitor’s display is correct.

We may limit sales to any person, region or jurisdiction, and limit quantities. All product descriptions and pricing are subject to change or discontinuation without notice.

All offers for products or services on this site are void where prohibited.

We do not warrant that the quality of any product, service, information or material you acquire will meet your expectations, or that errors will be corrected.

We may communicate with you via email or posting notices. You agree to receive electronic communications regarding security, privacy and administrative matters related to the Services.

If we learn of a security breach, we may attempt to notify you electronically.

SECTION 6 – ACCURACY OF BILLING & ACCOUNT INFORMATION

We will charge you for goods purchased via the Services. Goods will be shipped to the address you designate during checkout.

We reserve the right to refuse or cancel orders, limit quantities, or cancel part or all of an order.

If we cancel an order, we may notify you via the contact information you provided.

You agree to provide accurate, current and complete purchase/account information and to promptly update that information.

All monetary transactions on the Services are in U.S. dollars.

For further detail, refer to our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you access to third-party tools over which we have no control.

We provide such tools “as is” and “as available,” without warranties or conditions. We have no liability arising from your use of optional tools.

You use optional tools at your own risk and should review each third party’s terms and policies.

Any new services or features offered in the future will also be subject to these Terms unless stated otherwise in writing.

Some content or products may include materials from third parties.

Third-party links may direct you to websites not affiliated with us. We are not responsible for their content, accuracy or liability.

We will not be liable for damages relating to transactions or use of goods from third-party websites. Review their policies carefully.

SECTION 9 – USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

We welcome your comments, ideas, suggestions or other materials. By submitting them, you grant us full, unrestricted rights to use, edit, publish, distribute, translate and otherwise exploit them in any medium, without compensation or confidentiality obligations.

We may, but are not obligated to, monitor, edit or remove content we deem unlawful, offensive or in violation of these Terms.

You agree that your comments do not violate any third-party rights, contain malware, or false or misleading information.

You may not impersonate others or misrepresent your affiliation. You are solely responsible for your submissions.

SECTION 10 – PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal data through the site. That policy is posted on our site and is binding.

SECTION 11 – SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS

We offer a mobile messaging program (the “Program”) subject to these Terms and our Privacy Policy (linked to primecanoe.com).

By opting in, you agree to receive marketing mobile messages. Message frequency may vary.

To opt out, you may reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any mobile message from us.

You understand that our platform may not recognize altered commands.

The Program may include messages about marketing, payment, delivery and sale of products or services.

Message and data rates may apply. You may receive messages periodically.

For support regarding the Program, you may text “HELP” or use the support channels provided by primecanoe.com (not for opting out).

The Program is offered “as-is” and may not work in all locations. We are not liable for delays or failures in message delivery.

You must have a compatible wireless device and service to participate. Not all carriers support two-way messaging.

You must be 13 years or older (or have parental permission if younger) to engage with the Program.

Prohibited content via messages includes fraudulent, harassing, defamatory, obscene, hateful or unlawful content, malware, or content infringing rights.

Disputes related to the Program are resolved by binding, individual arbitration. Neither party may join class actions.

If any part of this arbitration clause is invalid or proceeds in court, you waive the right to jury trial, class actions, or representative proceedings.

This arbitration clause survives termination.

If any part is invalid or unenforceable, it will be limited or removed to preserve the rest. Any changes will be communicated, and continued participation implies acceptance of changes.

SECTION 12 – ERRORS, INACCURACIES & OMISSIONS

Occasionally there may be errors or omissions in our site content—product descriptions, pricing, promotions, availability, shipping, etc.

We reserve the right to correct such errors or omissions, change or update information, or cancel orders, even after you place an order.

We make no obligation to update or clarify content unless required by law.

We make no representations about accuracy, reliability or timeliness of content or third-party data.

SECTION 13 – CONTENT OWNERSHIP

We own or hold rights to all content provided through the Services. It may be used only for personal use in connection with your use of the Services, unless with written consent.

Content includes trademarks, text, graphics, images, software, audio files, domain names, and any derivative works.

Unauthorized use of content may violate copyright, trademark, or other laws and is strictly prohibited.

SECTION 14 – PROHIBITED USES

In addition to other restrictions, you may not use the site or its content to:

  • Violate laws, threaten, harass, defame or discriminate
  • Violate intellectual property rights
  • Submit false, misleading or fraudulent information
  • Impersonate others or misrepresent affiliation
  • Upload malicious code or malware
  • Collect or track personal information of others
  • Spam, crawl, scrape, phish or data mine
  • Interfere with security, circumvent protections, or assign your rights
  • Post advertising or marketing except as allowed
  • Access the Services from jurisdictions where use is illegal

Violation may lead to suspension or termination of your account or access, at our discretion.

SECTION 15 – DISCLAIMERS & LIMITATION OF LIABILITY

We are not liable for actions of users or impacts from service changes. We do not guarantee your use will be uninterrupted, secure or error-free.

Your use of the Service is at your sole risk. All services, products, and content are provided “as is” and “as available,” without warranties, express or implied (including merchantability, fitness for purpose, durability, non-infringement).

In no event shall primecanoe.com or any of its affiliates or licensors be liable for any damages (direct, indirect, incidental, punitive, consequential, etc.), including lost profits, lost revenue, data loss, or similar, even if advised of possibility of such damages, arising from your use of the Service or any content.

Where a jurisdiction does not allow exclusion of consequential or incidental damages, liability shall be limited to the maximum extent allowed.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless primecanoe.com, its affiliates, officers, agents, contractors, licensors and employees from any claim or demand (including reasonable attorneys’ fees) arising out of your breach of these Terms or your violation of laws or third-party rights.

You expressly understand and agree that the Released Parties shall not be liable to you for any direct, indirect, or exemplary damages arising from your use of the Service.

SECTION 17 – SEVERABILITY

If any provision is unlawful, void or unenforceable, it shall be severed to the minimum extent necessary, and the remaining Terms remain in full force and effect.

SECTION 18 – TERMINATION

The obligations and liabilities incurred prior to termination shall survive.

These Terms remain effective unless and until terminated by you or us. You may stop using the Services to terminate.

We may terminate your access at any time for breach of these Terms, and you remain liable for amounts due up to termination.

SECTION 19 – ENTIRE AGREEMENT

Failure by us to enforce any right or provision does not constitute waiver.

These Terms, and any policies or rules posted on the site, constitute the entire agreement between you and us, superseding all prior agreements.

Ambiguities shall not be construed against the drafting party.

SECTION 20 – GOVERNING LAW

We are located in Colorado. All disputes shall be governed by Colorado law, without conflict of law provisions.

You and primecanoe.com agree to binding arbitration under the rules of the American Arbitration Association, in Boulder County, Colorado.

You waive rights to a jury trial or class actions. Any claim must be filed within one year of its accrual or be forever barred.

SECTION 21 – CHANGES TO TERMS OF SERVICE

As noted, you can review the current Terms at any time on this page. We may update or replace parts of these Terms at our discretion by posting updates to primecanoe.com.

It is your responsibility to check for changes. Continued use or access after such changes constitutes acceptance of the new Terms.