Terms and Conditions

PLEASE READ THE BELOW TERMS OF SERVICE AGREEMENT VERY CAREFULLY. BY ACCESSING OR USING THE PKT PAL WEBSITE (THE “SITE”) OR OUR SERVICES, YOU DO HEREBY AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS PRIOR TO PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

Conditions of Use

Welcome to the PKT Pal web site! PKT Pal and its associates provide their services and products to you subject to the following conditions.  If you visit or shop within this website, you accept these terms and conditions (this “Agreement”) as a legal agreement between you and PKTEER LLC (“PKT Pal”). PKT Pal provides this Site, including all the information, tools and services available to from this Site, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Privacy

Please review our Privacy Policy, which also governs your visit to our website, to understand our practices. Every user’s registration data and various other personal information are strictly protected by the PKT Pal (see our full Privacy Policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by PKT Pal and/or our subsidiaries and affiliates.

Electronic Communications

When you visit www.pktpal.com, or send e-mails to us, you are communicating with us electronically.  By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property Rights

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PKT Pal or its content suppliers and protected by international copyright laws.  The compilation of all content on this site is the exclusive property of PKT Pal, with copyright authorship for by PKT Pal, and protected by international copyright laws.

PKT Pal’s trademarks and trade dress may not be used in connection with any product or service that is not PKT Pal’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PKT Pal.  All other trademarks not owned by PKT Pal or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PKT Pal or its subsidiaries. 

You herein acknowledge, understand and agree that all of the PKT Pal trademarks, copyright, trade name, service marks, and other PKT Pal logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of PKT Pal. You herein agree not to display and/or use in any manner the PKT Pal logo or marks without obtaining PKT Pal’s prior written consent. PKT Pal may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. 

License and Site Access

PKT Pal grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PKT Pal.  This license does not include any resale or commercial use of this site or its contents: any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PKT Pal.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of PKT Pal and our associates without express written consent.  You may not use any meta tags or any other “hidden text” utilizing PKT Pal’s name or trademarks without the express written consent of PKT Pal. Any unauthorized use terminates the permission or license granted by PKT Pal. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PKT Pal so long as the link does not portray PKT Pal, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may use the PKT Pal logo as part of the link.

Your Subscription Account

When you create an account with PKT Pal, you are registered with the Site. The terms “member,” “membership,” and “account” all refer to this registration as a user on the Site. If you are browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  If you are under 13, you may use our website only with the involvement of a parent or guardian.  PKT Pal and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

When you create an account, you will create a unique username and provide your email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password private and secure. You may not assign, share or transfer your account to another individual or entity. You acknowledge that PKT Pal is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.

Reviews, Comments, Emails and Other Content

Visitors may at times post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PKT Pal reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.  If you do post content or submit material, and unless we indicate otherwise, you grant PKT Pal and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PKT Pal and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify PKT Pal or its associates for all claims resulting from content you supply. PKT Pal has the right but not the obligation to monitor and edit or remove any activity or content. PKT Pal takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

All items purchased from PKT Pal’s ecommerce store are made pursuant to a shipment contract.  This basically means that the risk of loss and title for such items pass to you upon our delivery of your product by the carrier.

Product Descriptions

PKT Pal and its associates attempt to be as accurate as possible.  However, PKT Pal does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.  If a product offered by PKT Pal itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY PKT PAL ON AN “AS IS” AND “AS AVAILABLE” BASIS. PKT PAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PKT PAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PKT PAL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PKT PAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PKT PAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting PKT Pal, you agree that the laws of the state of Wyoming, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PKT Pal or its associates.

Release

In the event you have a dispute, you hereby agree to release PKT Pal (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Disputes

Any dispute relating in any way to your visit to PKT Pal or to products you purchase through PKT Pal shall be submitted to confidential arbitration in Los Angeles, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate PKT Pal’s intellectual property rights, PKT Pal may seek injunctive or other appropriate relief in any state or federal court in the state of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Statute of Limitations

You hereby understand, agree and acknowledge that regardless of any statute or law to the contrary, any and alls claim or action arising out of or related to the use of PKT Pal Services or this Agreement must be filed within one year(s) after said claim or cause of action arose or shall be forever barred.

Site Policies, Modification, and Severability

Please review our other policies from time to time that may be posted on this site.  These policies also govern your visit to PKT Pal.  We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions

Questions regarding our Conditions of Use, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link.  Or you can email us at: info@pktpal.com.

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