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Disclaimer
 
 

TERMS OF USE, WARRANTY AND LIABILITY WAIVER
The Palapa Company Inc., a Nevada Corporation, DBA The Palapa Company having its principal place of business in Glendale, Arizona ("The Palapa Company") offers its do-it-yourself palapa kit product (the "Product") with the terms, conditions and notices as follows:

Terms of Use.
This Product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Installation and/or use of this product implies acceptance of all such terms, conditions, and notices. If you do not agree to these terms, The Palapa Company will not sell this product to you.
User Agreement.

The terms "we", "us", and "Company" refer to The Palapa Company, a Nevada based corporation, and "you" refers to the customer purchasing the product through this website or directly with us. All products purchased through us are subject to the following terms and conditions, as they exist at the time the purchase is made. We reserve the right to change these/terms, conditions and you agree to accept and be bound by those terms and conditions that are in effect at the time of your use of our website and facilities.

Changing or Canceling a Placed Order.
If your order HAS NOT been shipped, you may change or cancel your order with proper written notification to The Palapa Company within 24 hours of placing order. Special order’s such as our palapa kits can only be cancelled within the first 24 hours after placing your order due to its specialty nature. Please be advised that no returns or exchanges will be allowed after the 24 hour ordering window.

Return Policy.
Please be advised that no returns or exchanges will be allowed after the 24 hour ordering window. Please see canceling or changing your order for more information.

Limited & No Parts Warranty.
The Palapa Company will honor all manufactures warranties, if installed by a Palapa Company employee. However, with regard to our do-it-yourself palapa kits we cannot extend any guarantees due to the fact that we do not have control of the installation of the product and the conditions that are set forth for every installation. Therefore the Product(s) sold will hereunder be sold "as is" without any warranty of any kind. The Palapa Company hereby disclaims all warranties and conditions with regard to the Product including all implied warranties and conditions of merchantability and fitness for a particular purpose. The Palapa Company does not warrant against damages or defects arising out of use of the Products; against defects or damages arising from improper installation, or against defects in Product or in components. No warranty of any kind, expressed or implied, is made regarding the safety of the Products. The entire risk as to the quality or performance of the product is with the buyer.

Please be advised that all of our wood products such as, our palapa kits, thatch, and tables are all intended for a tropical rustic look with each one being slightly different in color, markings, and texture. Of course, we do make sure all of our products are all of the highest quality and maintain a strict quality control policy so each customer receives great products each and every time.

Other Statements.
The Palapa Company's employees or representatives' ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Buyer, and are not a part of the contract for sale or this limited warranty.

Entire Obligation.
This TERMS OF USE, WARRANTY AND DISCLAIMER document states the entire obligation of The Palapa Company with respect to the Products. If any part of this agreement is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

Modification of Terms and Conditions.
The Palapa Company reserves the right to change the terms, conditions, and notices under which this product is offered.

General.
By using this website or purchasing a product(s) through us you agree that the internal laws of the State of Nevada, USA without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and the Company or its affiliates. You hereby agree that any dispute arising from or relating to the use of this website will be subject to binding arbitration under the commercial rules of the American Arbitration Association. The arbitration shall be conducted in Phoenix, Arizona, USA, the principal place of business before neutral arbitrators. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of this website. We reserve the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by the Company with respect to your use of this website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and the Company with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and the Company with respect to this website. 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. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

Limitations on Use of Website.
As a condition of your use of this website, purchasing products through us, or using any of the information, data or images from the website, you warrant and represent to us that you will not use this website or information, images or data on the website, for any illegal purpose, or for any purpose that is prohibited by this agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from this website. Although we try to ensure that our website always has the most up to date and correct product and pricing information, sometimes an error can appear on the website. In order to ensure accuracy, please call to confirm any pricing questions you might have as we will not be responsible for misrepresentations and errors found on our website. Thank you for your understanding.

Links to Third Party Websites.
Any links to websites operated by parties other than the Company, found on our website are provided to you for your reference and convenience only. We do not own or control the content of those websites and are not responsible for their content or your use of them. We do not endorse the content of any of those websites.

Your Warranties to Us.
By using this website to purchase products you warrant that you are at least 18 years old, possess the legal authority to enter into this agreement, that all information supplied by you or members of your household in using this website is true and accurate and to use this website in accordance with the terms and conditions of this agreement. You agree to be financially responsible for the use of your name and credit card account to pay for products and services purchased at this website by members of your household, including minors living with you.

Electronic Communications.
You communicate with the Company electronically whenever you visit PALAPACOMPANY.COM or send emails to us. You consent to receive communications from the Company electronically and by fax. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing.

Liability Disclaimer.
The information on this website may include inaccuracies or typographical errors. In particular, the company and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to, the photographs, descriptions, and pricing displayed on this website. All such information, services and products are provided "as is" without warranty of any kind. The company, its affiliates, and/or their respective suppliers hereby disclaim all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

All suppliers and affiliates providing materials or other products for the company are their own entities, and or independent contractors and not agents or employees of the company or its affiliates. The company and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. The company and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, or acts of any government or authority.

In no event shall the company, its affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this website or with the delay or inability to use this website, or for any information, software, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability, or otherwise, even if the company, its affiliates, and/or their respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Limitation of Liability.
In no event shall The Palapa Company be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever arising out of or connected with the use or misuse of this Product. Should the product prove defective following purchase, the buyer and not The Palapa Company assumes the entire cost of all necessary servicing or repair. The Palapa Company shall not have any obligation with respect to the Product or any part thereof, whether based on contract, tort, strict liability or otherwise. Buyer assumes all risks and liability from use of Product.

Personal and Non-Commercial Use Limitation.
This product is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site or this product.

Indemnification.
You agree to defend and indemnify the Company, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:

  • You, or on your behalf in excess of the liability described above; or
  • By third parties as a result of:
    • Your breach of this agreement or the documents referenced herein;
    • Your violation of any law or the rights of a third party; or
    • Your use of this website.

Privacy Notice.
We are dedicated to protecting your personal information and ensuring that your time spent with us is a safe and pleasurable experience. This web site takes measures to protect your personal information by using Secure Socket Layer (SSL) 128 bit encryption, which is recognized as an industry standard in encryption technology. The secure server software (SSL) encrypts all information you enter before it is sent to us and all customer data received is protected against unauthorized access. We are committed to protecting your privacy and only use the information obtained from this site to enhance your online shopping experience at The Palapa Company. If you ever have any questions about what information we collect and how we use it, please contact us.

Disclosing Information To Others.
The Palapa Company does not distribute or sell your name or personal information to any third party (except when needed to process the credit card payment) and will never do so without your permission. Furthermore, we do not store your credit card information on file and for your convenience you have the option to make a purchase without creating an account with us.

Mailings.
We are strictly against sending spam emails; however, from time to time we do like to send you an email about The Palapa Company’s new products, promotions, and other events. If you decline or decide to opt out, you will not receive any newsletter or promotional emails from us again. Those who voluntarily choose to receive our newsletter or any promotional mailings may remove themselves at any time by following the instructions included in each mailing.

Delivery and Shipping
The Palapa Company uses UPS, FEDEX and DHL as our primary shipping companies. For your convenience, once your order is shipped you will receive a tracking number by email so you can monitor and track your order.

For Arizona Customers Only.
If you live within Maricopa County and the Greater Phoenix Area we do offer a flat rate for all orders of $49.00. Please choose this option when checking out in the shopping cart or call customer support for instructions on how to check out and settle your online order. Our phone number is (877) 725-2722. Thank you.

Summary.
We are committed to protecting your privacy and only use the information obtained from this site to enhance your online shopping experience at The Palapa Company. If you ever have any questions about what information we collect and how we use it, please contact us.

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