Terms and Conditions

1. Definitions

For the purposes of these Terms and Conditions:

• Company refers to OrcaPak.
• Website refers to www.orcapak.com, our main website, where you can learn about OrcaPak products, company information, blog content, patent information, and related resources.
• Online Store refers to shopping.orcapak.com, where OrcaPak products may be purchased.
• Service refers collectively to the Website, the Online Store, and any related OrcaPak services.
• Goods refers to the physical products offered for sale by OrcaPak.
• Order refers to a request by you to purchase Goods from OrcaPak through our Online Store or any official OrcaPak checkout experience.
• Terms refers to these Terms and Conditions.
• You refers to the individual accessing or using our Website, Online Store, or Service, or the company or legal entity on behalf of which such individual is accessing or using the Service.

2. About OrcaPak's Website and Online Store

OrcaPak operates through two related web properties:

• www.orcapak.com is our main website. It provides product information, company information, blog content, patent information, educational content, and links to our official online store.
• shopping.orcapak.com is our online store. Purchases, checkout, payments, order confirmations, and product transactions may take place through this subdomain.

Any reference in these Terms to "OrcaPak," "we," "us," "our website," "our store," or "our service" includes both www.orcapak.com and shopping.orcapak.com, unless stated otherwise.

3. Eligibility

By using our Website, Online Store, or Service, you represent that you are at least 18 years old or that you are using the Service under the supervision of a parent or legal guardian.

You also represent that you have the legal authority to enter into these Terms and, if placing an order on behalf of a company or other entity, that you have authority to bind that entity.

4. Product Information

We make reasonable efforts to display product descriptions, specifications, images, pricing, availability, compatibility details, and other information as accurately as possible.

However, we do not guarantee that all product descriptions, images, specifications, pricing, availability, or other content are complete, accurate, current, or error-free.

Product images are for illustrative purposes. Actual products may vary slightly due to manufacturing updates, materials, finish, lighting, photography, display settings, or other factors.

We reserve the right to correct errors, update product information, modify pricing, or change product availability at any time without prior notice.

5. Compatibility and Installation

OrcaPak products are designed for specific use cases and may require proper installation, suitable mounting conditions, correct equipment, and responsible use.

Before purchasing, you are responsible for reviewing product descriptions, compatibility information, installation requirements, measurements, and any available instructions to determine whether a product is suitable for your intended use.

Unless expressly stated otherwise, OrcaPak is not responsible for:

• Incorrect installation.
• Improper use.
• Use with incompatible equipment.
• Modifications made by the customer.
• Damage caused by misuse, abuse, overloading, drilling, cutting, alteration, or unauthorized repair.
• Damage to vehicles, jet skis, trailers, accessories, or other property caused by improper installation or use.

If you are unsure whether a product is suitable for your application, please contact us before purchasing.

6. Orders

When you place an order through our Online Store or any official OrcaPak checkout experience, you agree to provide accurate, current, and complete information.

This may include:

• Your name.
• Email address.
• Phone number.
• Billing address.
• Shipping address.
• Payment information.
• Any other information required to process your order.

You represent and warrant that you have the legal right to use the payment method provided.

By submitting an order, you authorize us and our third-party service providers to process your order, payment, shipping, and related transaction details.

7. Order Acceptance and Cancellation

Placing an order does not guarantee acceptance of that order.

We reserve the right to refuse, cancel, or limit any order at any time, including but not limited to cases involving:

• Product unavailability.
• Errors in product description or pricing.
• Errors in order information.
• Suspected fraud.
• Unauthorized or illegal transactions.
• Payment issues.
• Shipping restrictions.
• Abuse of promotions or discounts.
• Any other reason that, in our reasonable judgment, requires cancellation or refusal.

If we cancel an order after payment has been processed, we will issue a refund to the original payment method, unless otherwise required or agreed.

8. Pricing and Payments

All prices are listed in U.S. dollars unless otherwise stated.

Prices may change at any time without prior notice.

Payment may be made through the payment methods available at checkout, which may include credit cards, debit cards, PayPal, or other online payment options.

Payments may be processed by third-party payment providers. OrcaPak does not intentionally store full credit card numbers on its own systems.

Your payment card or payment method may be subject to validation, authorization, and fraud checks by your payment provider. If authorization is not received, we are not responsible for delays or non-delivery.

9. Shipping and Delivery

Shipping options, rates, and estimated delivery times may be displayed during checkout.

Delivery estimates are not guarantees. Shipping times may vary due to carrier delays, weather, customs, supply chain issues, holidays, incorrect addresses, or other circumstances outside our control.

You are responsible for providing a complete and accurate shipping address.

OrcaPak is not responsible for delays, failed delivery, or additional costs caused by incorrect or incomplete shipping information provided by the customer.

Risk of loss may pass to you once the order is delivered to the shipping address provided or transferred to the carrier, depending on applicable law and shipping terms.

10. Returns and Refunds

Returns and refunds are governed by our Return and Refund Policy, which forms part of these Terms.

Please review our Return and Refund Policy before making a purchase.

In general, returned products must be unused, undamaged, unmodified, and returned with all original components, hardware, accessories, instructions, and packaging, when applicable.

Products that have been installed, modified, scratched, drilled, cut, damaged, altered, or used may not be eligible for return.

11. Damaged, Defective, or Incorrect Items

If you receive a damaged, defective, or incorrect item, please contact us as soon as possible at: support@orcapak.com

Please include:

• Your order number.
• A description of the issue.
• Clear photos of the product.
• Clear photos of the packaging.
• Photos of any visible damage, if applicable.

We will review the issue and determine an appropriate resolution, which may include replacement, repair solution, refund, or another suitable remedy.

12. Promotions and Discounts

From time to time, OrcaPak may offer promotions, discount codes, special offers, or limited-time deals.

Promotions may be subject to additional rules, expiration dates, product exclusions, quantity limits, or other restrictions.

We reserve the right to modify, suspend, or cancel promotions at any time.

Promotions cannot be applied retroactively unless expressly stated.

If promotion-specific terms conflict with these Terms, the promotion-specific terms will apply to that promotion.

13. Accounts

Certain features of our Online Store may allow or require you to create an account.

You are responsible for maintaining the confidentiality of your account login information and for all activity that occurs under your account.

You agree to notify us immediately if you believe your account has been accessed without authorization.

We reserve the right to suspend or terminate accounts that violate these Terms, are used fraudulently, or create risk to OrcaPak, our customers, or our services.

14. Intellectual Property

All content on our Website and Online Store, including but not limited to text, images, product photos, videos, graphics, logos, designs, icons, software, layout, branding, product names, and other materials, is owned by OrcaPak or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

You may not copy, reproduce, modify, distribute, display, publish, sell, license, reverse engineer, or create derivative works from our content without prior written permission from OrcaPak.

The OrcaPak name, logo, product names, trade dress, and related branding may not be used in connection with any product or service without our prior written consent.

15. Patent Information

Certain OrcaPak products may be protected by one or more U.S. patents, pending patent applications, or other intellectual property rights.

Patent-related information may be provided on our Website, including our USPTO Patent Information page.

Nothing in these Terms grants you any license or right to use OrcaPak's patents, trademarks, copyrights, trade dress, designs, or other intellectual property.

16. User Conduct

You agree not to use our Website, Online Store, or Service for any unlawful, abusive, fraudulent, harmful, or unauthorized purpose.

You agree not to:

• Violate any applicable law or regulation.
• Interfere with the security or operation of our Website or Online Store.
• Attempt to gain unauthorized access to our systems or accounts.
• Use our content without permission.
• Submit false, misleading, or fraudulent information.
• Abuse promotions, discounts, returns, refunds, or customer support processes.
• Upload or transmit viruses, malware, or harmful code.
• Use automated tools to scrape, copy, or harvest information from our Website or Online Store without permission.

17. Third-Party Links and Services

Our Website or Online Store may contain links to third-party websites, services, platforms, payment providers, shipping carriers, social media platforms, or other external resources.

We do not own or control these third-party services and are not responsible for their content, privacy policies, terms, security, availability, or practices.

Your use of third-party services is at your own risk and may be governed by their own terms and policies.

18. Disclaimer of Warranties

Our Website, Online Store, and Service are provided on an "as is" and "as available" basis.

To the maximum extent permitted by applicable law, OrcaPak disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, reliability, or uninterrupted operation.

We do not guarantee that our Website, Online Store, or Service will be error-free, secure, uninterrupted, or free of viruses or harmful components.

Nothing in these Terms is intended to limit any rights you may have under applicable consumer protection laws.

19. Limitation of Liability

To the maximum extent permitted by applicable law, OrcaPak and its owners, employees, contractors, suppliers, service providers, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, personal injury, property damage, or loss arising from your use of our Website, Online Store, Service, or products.

To the maximum extent permitted by applicable law, OrcaPak's total liability for any claim related to the Website, Online Store, Service, or Goods shall be limited to the amount you paid for the product giving rise to the claim, or $100, whichever is greater.

Some jurisdictions do not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

20. Indemnification

You agree to indemnify, defend, and hold harmless OrcaPak, its owners, employees, contractors, suppliers, service providers, affiliates, and licensors from and against any claims, damages, losses, liabilities, costs, or expenses arising out of or related to:

• Your use of our Website, Online Store, Service, or products.
• Your violation of these Terms.
• Your violation of any law or regulation.
• Your misuse, improper installation, alteration, or modification of any product.
• Your infringement of any third-party rights.
• Information you submit that is false, misleading, or inaccurate.

21. Termination

We may suspend or terminate your access to our Website, Online Store, account, or Service at any time, without prior notice, if we believe you have violated these Terms or used our services in a harmful, fraudulent, abusive, or unlawful manner.

Upon termination, your right to use the Service will cease immediately.

Sections that by their nature should survive termination will remain in effect, including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

22. Governing Law

These Terms and your use of OrcaPak's Website, Online Store, Service, and Goods shall be governed by the laws of the State of Florida, United States, without regard to its conflict of law principles.

Your use of the Website, Online Store, Service, or Goods may also be subject to other local, state, national, or international laws.

23. Dispute Resolution

If you have any concern, complaint, or dispute with OrcaPak, you agree to first try to resolve the matter informally by contacting us at: support@orcapak.com

We will make reasonable efforts to review and respond to your concern.

24. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the greatest extent permitted by law, and the remaining provisions will continue in full force and effect.

25. Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.

Any waiver must be made in writing to be effective.

26. Changes to These Terms

We may update or revise these Terms from time to time.

When we make changes, we will update the "Last updated" date at the top of this page.

Changes are effective when posted on this page.

By continuing to access or use our Website, Online Store, or Service after changes become effective, you agree to be bound by the updated Terms.

If you do not agree to the updated Terms, please stop using our Website, Online Store, and Service.

27. Contact Us

If you have any questions about these Terms and Conditions, please contact us: