Terms of service

Terms of Use Agreement 

Welcome to epichawaii.com and Epic Kayaks mobile services (the “Epic Kayaks Electronic Platforms”). The Epic Kayaks Electronic Platforms are hosted by Epic Kayaks and its parent, subsidiaries and affiliates (collectively, “Epic Kayaks,” “we,” or “us”).

By using the Epic Kayaks Electronic Platforms, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using the Epic Kayaks Electronic Platforms, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the Epic Kayaks Electronic Platforms. In addition, when you use any current or future version of the Epic Kayaks Electronic Platforms, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.

We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Epic Kayaks Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.

Privacy

Please review our privacy policy, which also governs your use of the Epic Kayaks Electronic Platforms, to understand our privacy practices. The terms and conditions of our privacy policy, which are set forth above, are incorporated herein and made a part of this Agreement.

Orders 

Epic Kayaks does sell products for children, but it does not sell products to children. Epic Kayaks only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Epic Kayaks reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Epic Kayaks believes that user conduct violates applicable law or is harmful to the interests of Epic Kayaks or its affiliates.

Trademarks 

All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Epic Kayaks or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Epic Kayaks or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Epic Kayaks Electronic Platforms confers on you any license or right under any patent or trademark of Epic Kayaks or any third party.

Patents 

Epic Kayaks’s patents include the following: Epic Bailer (Patent Pending), All product design patents.

Copyright 

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Epic Kayaks Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Epic Kayaks or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Epic Kayaks Electronic Platforms for any purposes. Nothing stated or implied on the Epic Kayaks Electronic Platforms confers on you any license or right under any copyright of Epic Kayaks or any third party.

The Epic Kayaks Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Epic Kayaks Electronic Platforms, or use the contents of the Epic Kayaks Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Epic Kayaks or its lawful successors and assigns. For usage permission, Contact us.

Notice of Copyright Infringement 

Epic Kayaks respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Epic Kayaks Electronic Platforms, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.

If you believe that your work has been copied and is accessible on the Epic Kayaks Electronic Platforms in a way that constitutes copyright infringement, please provide Epic Kayaks’s Copyright Agent with the following information:

Identification of the copyrighted work claimed to have been infringed; Identification of the allegedly infringing material on the Epic Kayaks Electronic Platforms that is requested to be removed; Your name, address, and daytime telephone number, and an email address if available, so that Epic Kayaks may contact you if necessary; A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Epic Kayaks’s Copyright Agent for notice of claims of copyright infringement on the Epic Kayaks Electronic Platforms is Epic Kayaks’s General Counsel, who can be reached as follows:

Epic Kayaks Hawaii

Attn.: General Manager

email: tessa.brand@epickayaks.com

License and Site Access 

Epic Kayaks grants you a limited license to access and make personal use of the Epic Kayaks Electronic Platforms and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Epic Kayaks. This license does not include any resale or commercial use of the Epic Kayaks Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Epic Kayaks Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Epic Kayaks Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Epic Kayaks. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Epic Kayaks and our affiliates without express written consent. You may not use meta tags or any other hidden text using Epic Kayaks’s name or trademarks without the express written consent of Epic Kayaks. Any unauthorized use terminates the permission or license granted by Epic Kayaks.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Epic Kayaks so long as the link does not portray Epic Kayaks or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Epic Kayaks logo or other proprietary graphic or trademark as part of the link without express written permission.

Third Party and Co-Branded Websites 

The Epic Kayaks Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Epic Kayaks (“third-party Websites”) or to co-branded Websites operated by a third party, including affiliates (“co-branded Websites”). We provide such links for your reference and convenience only. A link from Epic Kayaks to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Websites to which you might link from the Epic Kayaks Electronic Platforms. Epic Kayaks IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities 

You agree to comply with all applicable law in connection with your use of the Epic Kayaks Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Epic Kayaks. As a condition of your use of the Epic Kayaks Electronic Platforms, you warrant that you will not use the Epic Kayaks Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Epic Kayaks Electronic Platforms or any co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Epic Kayaks or any co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

By using the Epic Kayaks Electronic Platforms, you agree not to violate or attempt to violate the security of the Epic Kayaks Electronic Platforms, including, without limitation, actions such as: Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Epic Kayaks Electronic Platforms; Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting. 

Risk of Loss 

All products purchased from the Epic Kayaks Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Epic Kayaks. Title to products purchased on the Epic Kayaks Electronic Platforms, as well as the risk of loss for such products, passes to you when Epic Kayaks delivers these items to the carrier.

Product Information 

Epic Kayaks attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Epic Kayaks Electronic Platforms are accurate, complete, reliable, current, or error-free. Most Epic Kayaks products displayed on the Epic Kayaks Electronic Platforms are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via the Epic Kayaks Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the Epic Kayaks Electronic Platforms are quoted in U.S. Dollars.

Colours 

We have made every effort to display as accurately as possible the colors of our products that appear on the Epic Kayaks Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.

The Epic Kayaks Warranty

Please visit our Warranty page for more details.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY THE Epic Kayaks ELECTRONIC PLATFORMS ARE PROVIDED BY Epic Kayaks ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Epic Kayaks MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Epic Kayaks ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE Epic Kayaks ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE Epic Kayaks ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE Epic Kayaks ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE Epic Kayaks ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE Epic Kayaks ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE Epic Kayaks ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Epic Kayaks ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Epic Kayaks DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL Epic Kayaks, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Epic Kayaks ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Epic Kayaks ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE Epic Kayaks ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO Epic Kayaks THROUGH THE Epic Kayaks ELECTRONIC PLATFORMS; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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 MAY HAVE ADDITIONAL RIGHTS. 

Applicable Law and Disputes 

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to Epic Kayaks or to products you purchase through Epic Kayaks shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Epic Kayaks’s intellectual property rights, Epic Kayaks 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 JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s 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.

Indemnification 

You agree to defend, indemnify, and hold harmless Epic Kayaks and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Epic Kayaks arising out of or relating to your use of the Epic Kayaks Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.

Miscellaneous Legal Provisions 

We may discontinue the Epic Kayaks Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Epic Kayaks Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Epic Kayaks Electronic Platforms at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Epic Kayaks as a result of this Agreement or your use of the Epic Kayaks Electronic Platforms. Nothing contained in this Agreement is in derogation of Epic Kayaks’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Epic Kayaks Electronic Platforms or information provided to or gathered by Epic Kayaks with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Epic Kayaks to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding the Epic Kayaks Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Epic Kayaks and you regarding the Epic Kayaks Electronic Platforms and their contents.

All rights not expressly granted herein are hereby reserved.

Considerations for Non-U.S. Customers 

Epic Kayaks’s headquarters are located in the United States, and the Epic Kayaks Services are based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Epic Kayaks Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Epic Kayaks Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

EFFECTIVE DATE: June, 2021