Terms of Use

Terms of Use 

Last Updated: 8/16/2021

Welcome, and thank you for your interest in itrek inc. (“itrek”, “we,” “our” or “us”) and our website at https://store.itrek.org, including the mobile version and any mobile application, if applicable, in each case regardless of how accessed (the “Website”). These terms of use are a legally binding contract between you and itrek regarding your use of the Website. Please read the following terms carefully before using the Website. By using the Website, you acknowledge that you have read, understood, and agreed to be bound by the following terms and conditions, including the itrek.org store Privacy Policy (collectively, the “Terms of Use”). Your use of the Website (and any other feature, content or application offered by the Website) is at all times subject to the Terms of Use, as the same may be modified by us, and all applicable laws, rules and regulations. Please read these Terms of Use carefully. If you are not eligible, or you do not agree to the Terms of Use, then you do not have our permission to use the Website, and your sole and exclusive remedy is to discontinue using the Website.

Eligibility

The Website is not directed to persons under 18 years old. Our policy, as the operator of this Website, is NOT to knowingly collect any personal information from persons under 18, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 18, you should leave the Website without providing any information about yourself. 

Any access to or use of the Website or services by anyone under the age of majority requires consent to the Terms of Use by a parent or legal guardian. By accessing or using our Website and/or services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website, services and the Terms of Use.

By agreeing to the Terms of Use, you represent and warrant to us that your use of the Website is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting the Terms of Use on your behalf represents and warrants that they have authority to bind you to the Terms of Use and you agree to be bound by the Terms of Use.

Changes to the Terms

We may periodically make changes to the Terms of Use. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of the Terms of Use and remain informed of any changes. You agree that your continued use of the Website after the effective date of any changes will constitute your acceptance of the changed Terms of Use for your continued use. Disputes arising under the Terms of Use will be resolved in accordance with the version of the Terms of Use that was in effect at the time the dispute arose.

Changes to the Website

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Website without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

Limited License

Subject to the Terms of Use, itrek grants you a limited, revocable license to access and use the Website solely for non-commercial purposes to learn about the itrek.org store products and use the services provided under the Website as intended by us. No other use of the Website is authorized.

Restrictions

You must comply with all applicable laws when using the Website. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, transmit, display, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the contents or the Website (“Website Content”) or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website; (d) use the Website or Website Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website; (g) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content.

You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) using the Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots,” spiders or intelligent agent software (or similar technologies) for any purposes with respect to the Website. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website. You may not data mine the Website or in any way cause harm to our Website. 

Purchases

• Not all products are available in all styles, sizes, and colors.
• Payment: Your purchase may be facilitated through a third-party service provider. We may provide such service provider with information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument you use on the Website or with such service provider. When you order a product, the price will be made clear during the order process. All prices are in U.S. Dollars, except where otherwise noted. You agree to pay the price that is stated in your order, as well as any applicable taxes and shipping expenses, where applicable. While we try to provide accurate pricing information on our Website, a price stated on the Website occasionally may be in error. 
• Loss and Cancellation: Title and risk of loss for all goods ordered by you will pass to you on delivery to the shipping carrier. We reserve the right to cancel any order for any reason.
• Returns: We reserve the right not accept any return of goods purchased by you. 
• Waiver: The use of the Website, including any purchase of an item constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to such use.
• Taxes: Purchases through the Website may be subject to taxes in certain states or jurisdictions.  Depending on your state and location and the nature of the product or service you receive from us, this may be a rental tax, sales tax and/or use tax. Tax rates are different from state to state and location to location. You are responsible for paying all such taxes.

Ownership

The Website is owned and operated by itrek. We or our licensors retain all right, title, and interest in and to the Website and Website Content and any copyrights, trademarks, logos, or service marks displayed on the Website or in Website Content (“Marks”). No right, title or interest in any of the information, material, or other Website Contents of the Website is granted to you under any circumstances. The Website, Website Content, and Marks are protected by applicable intellectual property laws and international treaties. Except as expressly authorized by us you may not make use of the Website, Website Content, and Marks. Linking or framing to the Website or any of the Website Contents is prohibited without our prior written permission.

Privacy Policy

Please read the itrek Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, the Terms of Use.

Links and Third Party Content

The Website may contain links to third party products, services, and websites. We exercise no control over any third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Additionally, if you follow a link or otherwise navigate away from the Website, please be aware that the Terms of Use will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party websites to which you navigate to from the Website.

Copyright/ DMCA Notice and Procedure

It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify itrek’s designated agent at the contact information provided here: marketing@itrek.org. Inquiries not compliant with the procedure outlined below may not receive a response. When a valid DMCA notification is received, we will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so a counter-notification may be filed. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. itrek may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. The Privacy Policy does not protect information provided in these notices.

Disclaimer of Warranties

ALL USE OF THE WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THE WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THE WEBSITE, IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR WEBSITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OUR WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE.

FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON OUR WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. 

LIMITATION OF LIABILITY

ITREK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ITREK HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL ITREK’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) $50 AND (II) THE AMOUNT PAID BY YOU TO ITREK FOR ITEMS PURCHASED VIA THE WEBSITE DURING THE PREVIOUS 12 MONTHS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES OR JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

You will indemnify and hold itrek and its partners and service providers and each of the forgoing’s respective affiliates, subsidiaries, joint venture, officers, directors, agents, attorneys, advisors and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Website or Website Content, your violation of the Terms of Use, or your violation of any rights of a third party through use of the Website or Website Content. We and our licensors reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Release

If you have a dispute with itrek, or involving the Website, Website Content, or any products purchased through the Website, you hereby release us and our partners and service providers and each of the forgoing’s respective affiliates, subsidiaries, joint ventures, officers, directors, agents, attorneys, advisors and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Choice of Law, Arbitration, and Venue

The Terms of Use and any claim or controversy relating to or arising from the use of the Website or services, including, but not limited to, any transactions made or entered into at the Website, any information, content, products, services or promotions herein contained or provided from the Website, or any functionality, software or programming contained or provided at or from our Website (hereafter, “Claims”), shall be governed by the laws of the State of New York without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You agree to arbitrate any and all Claims, including all statutory Claims, and any state or federal Claims. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in New York, New York. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of New York, or, where applicable, the federal District Court sitting in New York, New York. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

BY USING THE WEBSITE AND/OR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. 

YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

The failure of itrek to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by the itrek in writing. In the event that a court of competent jurisdiction finds any provision of the Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Miscellaneous

Use of section headers in these Terms of Use is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms of Use the use of the word “including” means “including but not limited to”. If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

We may give you notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. The Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. We may assign the Terms of Use at any time without notice or consent. Our performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the or information provided to or gathered by us with respect to such use.  The Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Website), constitute the entire understanding between you and us. For the avoidance of doubt, the Terms of Use apply solely to the extent permitted by law.

We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any user, or to cancel any order, for any reason including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.   We accept your order only upon shipment of the product.  With respect to the shipment of products and services sold through the Website, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession or use of any item purchased from the Website.