1. Introduction
Welcome to Wake Works. These Terms and Conditions ("Terms") govern your use of the website buywakeworks.com (the "Site") operated by Wake Works ("we", "us", or "our"). By accessing or using our Site and Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not access the Site or use our Services.
2. Definitions
For the purposes of these Terms and Conditions, "Site" refers to buywakeworks.com, the website operated by Wake Works. "Services" refers to all products, services, content, features, and functionality offered through the Site. "User," "you," or "your" refers to any individual or entity accessing or using the Site and Services. "Account" refers to the registered account you create to access certain features of our Services.
3. Eligibility
By using our Site and Services, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. If you are under 18 years of age, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. We do not knowingly collect personal information from individuals under 16 years of age.
4. Account Registration and Security
To access certain features of our Services, you may be required to create an account. When registering, you agree to provide accurate, current, and complete information including your name, address, phone number, and email. You are responsible for maintaining the confidentiality of your username, password, and other account credentials. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
5. Products and Services
All products and services displayed on the Site are subject to availability. We reserve the right to discontinue any product or service at any time without prior notice. Product descriptions, images, and specifications are provided for informational purposes and may not reflect the exact appearance or features of the actual product. We make reasonable efforts to display accurate colors and images, but we cannot guarantee that your device's display will accurately reflect the actual colors of our products.
6. Orders and Payment
When you place an order through our Site, you are making an offer to purchase the products or services selected. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.
Payment must be made at the time of purchase using one of the accepted payment methods displayed at checkout. Our payment processors collect payment information such as bank account, credit or debit card information, and billing address to process your payment and fulfill your orders. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge your payment method for the total amount of your order.
7. Pricing and Taxes
All prices displayed on the Site are in US dollars unless otherwise indicated. Prices are subject to change without notice. We are not responsible for typographical errors or inaccuracies in pricing. If we discover an error in the price of a product you have ordered, we will contact you to inform you of the error and give you the option to proceed with the corrected price or cancel your order.
You are responsible for any applicable taxes, duties, or other governmental charges associated with your purchase. These charges may be added to your order total at checkout or may be collected separately depending on your location.
8. Shipping and Delivery
We arrange shipping for all orders placed through the Site. Shipping costs, delivery times, and available shipping methods will be displayed at checkout. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, or other circumstances beyond our control.
Risk of loss and title for products pass to you upon delivery to the carrier. It is your responsibility to ensure that the shipping address provided is accurate and complete. We are not responsible for orders shipped to incorrect addresses provided by the customer.
9. Returns and Exchanges
We facilitate returns and exchanges in accordance with our Return Policy, which is incorporated into these Terms by reference. Please review our Return Policy for specific information regarding eligibility, timeframes, and procedures for returns and exchanges. Certain products may be non-returnable or subject to additional restrictions as specified on the product page or in our Return Policy.
10. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Wake Works or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from our Site without our prior written consent, except for temporary caching or as necessary to view the Site on your personal device.
11. User Conduct
When using our Site and Services, you agree not to use the Site for any unlawful purpose or in violation of these Terms. You agree not to attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site. You agree not to interfere with or disrupt the Site or servers or networks connected to the Site. You agree not to transmit any viruses, malware, or other harmful code. You agree not to collect or harvest any personally identifiable information from the Site. You agree not to use the Site to send unsolicited commercial communications.
12. Third-Party Links and Services
Our Site may contain links to third-party websites or services that are not owned or controlled by Wake Works. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not guarantee and are not responsible for the privacy, security, accuracy, completeness, or reliability of information found on these sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.
Our Site and Services are supported by third-party service providers, including Shopify for e-commerce functionality and various payment processors. Your use of these integrated services is subject to the respective terms and privacy policies of those providers.
13. Privacy
Your use of our Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for information about how we collect, use, and disclose your personal information. By using our Site and Services, you consent to the collection and use of your information as described in our Privacy Policy.
14. Disclaimer of Warranties
The Site and Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Site or Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Site or Services will be accurate or reliable. We do not warrant that the quality of any products, services, information, or other material purchased or obtained through the Site will meet your expectations.
15. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Wake Works, its officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Site or Services; any conduct or content of any third party on the Site; any content obtained from the Site; or unauthorized access, use, or alteration of your transmissions or content.
Our total liability to you for all claims arising from or related to the Site or Services shall not exceed the amount you paid to us during the twelve months preceding the claim.
16. Indemnification
You agree to defend, indemnify, and hold harmless Wake Works, its officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Idaho Falls, Idaho.
18. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall first be attempted to be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty days, either party may pursue other available remedies.
19. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will post the revised Terms on the Site and update the "Last Updated" date. Your continued use of the Site and Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically for any changes.
20. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect.
21. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies published on the Site, constitute the entire agreement between you and Wake Works regarding your use of the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
22. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Wake Works.
23. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Wake Works 3020 Outlet Blvd Idaho Falls, ID 83402, US Email: marketing@idahowatersports.com