CargoCabana.Com, LLC Terms of Use Agreement

This document was last updated on October 28th, 2008.

This Terms of Use Agreement explains the standards of use for the website at www.cargocabana.com, which is operated by CargoCabana.Com, LLC. By using our site, you agree to these terms and conditions. If you do not agree with the terms and conditions of this agreement, you should cease all usage of our site. We reserve the right to revise these terms at any time without prior notice, and the new terms shall become effective immediately when posted on the site. CargoCabana.Com, LLC has adopted a Privacy Policy and we encourage you to read it as well so you can learn about our privacy practices. This Terms of Use Agreement applies exclusively to your usage of this website and does not alter in any way the terms or conditions of any other agreement you may have with CargoCabana.Com, LLC.

Return Policy

If you wish to return a product, you must contact us within 15 business days of receiving your delivery. We do not provide refunds, but will provide you with a gift certificate to CargoCabana.Com once we have received your return. Gift certificates will be mailed for all new, unopened return items, as well as for damaged goods. If the return is a result of our error we will send you a gift certificate that is equal the amount you paid for the product as well as cover the return shipping cost. Items purchased from CargoCabana.Com cannot be returned to a physical store (such as Costco or Target stores). Non-returnable items include: gift cards, gift certificates, and any CD, DVD, software, VHS tape, video game, cassette tape or vinyl record that has been opened/taken out of its plastic wrap.

Applicable Law

The website is operated and provided in the State of Arizona. Therefore, we are subject to the laws of the State of Arizona, and such laws will govern this Agreement. We make no representation that the site or our services are appropriate, legal or available for use in other locations. If you choose to use this site, you agree to do so subject to the laws of the State of Arizona. Users of the site assume all knowledge of applicable law and are responsible for compliance with such laws. You may not use the site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. If any provision of this Agreement shall be void or unenforceable for any reason, the other provisions shall not be affected and shall remain valid and enforceable to the highest extent possible.

Disclaimer of Warranties

The website www.cargocabana.com is provided on an "as is" and on an "as available" basis without warranties of any kind, either express or implied. CargoCabana.Com, LLC disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to the site and materials, content, services and product on this site. CargoCabana.Com, LLC does not represent or warrant that materials in this site are accurate, complete, reliable, current, or error-free. CargoCabana.Com, LLC is not responsible for typographical errors or omissions relating to pricing, text, or photography. We do not represent or warrant that this site or its server(s) are free of viruses or other harmful components, even if CargoCabana.Com, LLC or it’s authorized representative have been advised of the possibility of such damages. You expressly agree that all use of this site is at your sole risk. Reference to any products, services, processes, or other information, by trademark, logo, manufacture, trade name, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CargoCabana.Com, LLC.

Limitation of Liability

In no event shall CargoCabana.Com, LLC be liable for any direct, special, punitive, exemplary, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use or inability to use this site or the materials contained in, or accessed through, this site. In no event shall the aggregate liability of CargoCabana.Com, LLC (whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory) arising out of or relating to the use of this site exceed $5 or the compensation you paid to CargoCabana.Com, LLC, whichever is less. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore some of the above limitations may be inapplicable.

Copyright and Trademark Information

All images on the Site are either owned or licensed by CargoCabana.Com, LLC and may not be reproduced or used in any manner without the express written permission of CargoCabana.Com, LLC. Copyright © 2008 CargoCabana.Com, LLC. All rights reserved.

CARGOCABANA.COM, the CARGOCABANA.COM LOGO, and CARGOCABANA.COM SAVED BY THE BOX, are trademarks owned by CargoCabana.Com, LLC and may not be used, in whole or in part, without written permission of CargoCabana.Com, LLC. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress CargoCabana.Com, LLC, and may not be copied, imitated, or used, in whole or in part, without written permission of CargoCabana.Com, LLC. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

License and Site Access

CargoCabana.Com, LLC grants you a limited license to make personal use only of this site. Such grant does not include, without limitation: (a) any resale or commercial use of this site or any site materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any site materials (including any CargoCabana.Com trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the site and any site materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the site materials or to collect any information from the site or any other user of the site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of CargoCabana.Com, LLC or any third party. You may not use any meta tags or any other "hidden text" utilizing CargoCabana.Com's name, trademark, or product name without our express written consent. "Site materials" means all materials on the site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.

We may terminate this license and your use of or access to the site if you make or permit any unauthorized use of this site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Changes, Errors, and Cancellations

Subject to applicable law, CargoCabana.Com, LLC: (a) reserves the right to change the goods and services advertised or offered for sale through this site, the prices or specifications of such goods and services, and any promotional offers and any other site materials at any time and from time to time without any notice or liability to you; (b) cannot guarantee that goods or services advertised or offered for sale on this site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the site materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price.

Password Security

If you use a password to access this site or any portion of it, then you are responsible for maintaining the confidentiality of the password and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify CargoCabana.Com, LLC immediately. CargoCabana.Com, LLC reserves the right to take any and all action, as it deems necessary to maintain the security of the site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. While CargoCabana.Com, LLC takes cautious steps to protect your account and the site, it can not protect your information outside of the site.

Hyperlinks

You are granted a limited, non-exclusive right to create a hyperlink to the homepage only of this site, provided this link does not portray CargoCabana.Com, LLC or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at anytime. CargoCabana.Com, LLC makes no claim or representation regarding, and accepts no responsibility the quality, reliability, nature, or content of web sites accessible by hyperlink from this site, or web sites linking to this site.

Children

This website is designed for and intended for use by adults. If you are under the age of 18, you may use this site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor or supervise the use of this site by minors under your care.

Termination

Notwithstanding any of these terms and conditions, CargoCabana.Com, LLC reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future access to and use of this site if you violate any of these site terms or its policies. Upon termination, these site terms shall still apply.

Submissions and Restrictions

If you register on the site, you agree that any information you provide to us will be current, accurate, and complete. You agree that any and all materials that you provide in the form of email or submissions to CargoCabana.Com, LLC are non-confidential (subject to our Privacy Policy) and you remain solely responsible for your submissions. You further hereby grant to us non-exclusive, royalty-free, use and ownership of these submissions. By using the site you agree not to do any of the following: (a) upload any message or material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive, abusive, inflammatory or otherwise objectionable; (b) upload any message or material that would encourage a criminal offense, violate the rights of any party, or violate any local, state, national, or international law; (c) upload any content or material that may infringe any patent, trade secret, trademark, copyright, or intellectual or proprietary right of any party; (d) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) distribute or publish any charity requests or advertising of any products; and (f) disseminating any harmful content of any kind.

Please contact us at support@cargocabana.com if you have any questions or concerns regarding our site.