Last Modified: August 9th, 2023
TL;DR Prepkits doesn’t do anything dishonest. If you don’t either, we’ll get along great!
This is our agreement. When you purchase a Prepkits product, addon or refill, we form a contract. Prepkits will be bound by the terms outlined below, and so will you.
Now for the details...
AGREEMENT BETWEEN CUSTOMER AND SINJUN ENTERPRISES LLC, DOING BUSINESS AS (DBA) PREPKITS AND/OR PREPKITS.US
What We Do; Our Services
We provide the Prepkits website ("Website") to assist you, our customers, in comparing, selecting, and purchasing Prepkits products, addons and refills, and resolving any questions via our customer support services. We will call these our "Services". We provide the Services for the sale and shipping of our products and services, and for no other purposes.
When we refer to "we," "us," "our" and "Prepkits," we refer to Sinjun Enterprises LLC, a Delaware entity, and its DBAs, subsidiaries and corporate affiliates. The term "you" refers to the customer visiting the Website and/or purchasing products through us on this Website, or through our partners and customer service agents.
Availability of Service
We will try to keep the Prepkits site available at all times. However, there may be times when we have to maintain, update or improve the Website or temporarily suspend the availability of the Services for other reasons. We do not guarantee the availability of the Website or Services at any time, and will not be liable for any suspension or discontinuance of the Services.
Personal Conduct & Customer Support
We May Contact You
You agree that we may communicate with you by email, text messaging, phone, mail, or otherwise; usually our communication will relate to Website and Service updates, promotions, administrative, security and other issues relating to Prepkits Products or Services, including invitations to participate in promotional activities, newsletters and other communications. Receiving these communications is an optional component of your association with Prepkits and we will offer you the opportunity to opt out of them.
Legal Use of Website
By accessing or using this Website or the Services, you agree that you will comply with all applicable laws and regulations, including U.S. import, export and re-export control laws and regulations, controlled substance laws and hazardous materials laws, regulations and private courier rules. Prepkits reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Payments and Additional Charges
You agree to pay Prepkits all charges applicable for the Products and/or Services at the time such Products and/or Services are ordered by you on the Website. You are responsible for ensuring that Prepkits has up-to-date information (including, among other things, valid credit card numbers and contact information) and you are responsible for entry of information regarding the Products and/or Services you order. Should any amounts due for Products and/or Services remain unpaid, or in the event that any check, ACH payment, credit card charge or online payment service is denied, returned, or refused, you agree to pay, in addition to the principal amount and any applicable interest thereon, all of the bank and payment provider charges assessed against you and Prepkits and Prepkits's reasonable costs of collecting or attempting to collect, including reasonable attorney fees and expenses. Prepkits reserves the right to verify your credit before you purchase Products and/or Services at any time.
Change in Billing, Prices, Promotions and Policies
Prepkits may change billing procedures, prices, promotions and/or policies at any time without advance notice. All such changes will be posted on the Website. Continued use of the Website and/or Services constitutes your affirmation that you have read and understood such notices and agree to the terms contained therein.
Collection; Use of Your Data
Prepkits may automatically collect some information about your computer when you visit this website. For example, we may collect your IP address, Web browser software (such as Chrome, Firefox, Safari, or Internet Explorer), and referring website. We also may collect information about your online activity, such as products viewed and purchased. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud. Prepkits may use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing the purchase of courier services you request on our Website. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with courier confirmation and updates; to manage your account, including processing bills and providing courier information; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, Services, Website, and related apps; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this Website and related apps; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce these Terms; and as otherwise described to you at the point of collection.
Our Proprietary Rights
Our Website and the software used in connection with the Prepkits Products and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy or create any derivative work from any text or images on our Website. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, or otherwise transfer or attempt to transfer any rights in the Website or software. You may not modify the Website or software in any manner or form or use modified versions of the Website or software. You may not access the Pirate Ship Website or any of our data by any means other than through interfaces we provide.
You also acknowledge that Prepkits, the Prepkits logos, and the look and feel of our Website, and the order and choices in the Website menus are all the property of Prepkits and its affiliates and subject to trademark and copyright protection. You agree that you will not use or copy any of our or our partners' trademarks, trade names, logos or the style, look and feel of our Website or software without our written permission.
You agree that the Website, in whole or in part, will not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose not expressly permitted by Pirate Ship. Any use of Website data, materials, content, or information; any derivative use of this Website or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited.
Disclaimer of Warranties
Prepkits offers the Website and Services on an "as is" basis. That means we make no promises and no representations or warranties of any kind to you. This includes, but is not limited to, the availability or operation of the Website, or the content, data, information, or Services on this Website. There are no implied warranties of merchantability, title, non-infringement, fitness for a particular purpose, security and accuracy, or any other warranties that might arise from the course of dealing, course of performance, or usage of trade. We make no promise, representation or warranty to you about any of that. No advice or information provided by Pirate Ship will create a warranty. You assume total responsibility.
The information published on the Website and the Services may include inaccuracies or errors, including pricing errors. In particular, Pirate Ship does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the Products and Services displayed on this Website (including, without limitation, the pricing, general product descriptions, etc.). In addition, Prepkits expressly reserves the right to correct any pricing errors on our Website.
Limitation of Prepkits's Liability
You assume all risk of loss when using the Services. Prepkits will not be liable for any risk of any kind arising from your use of, or inability to use, the Website, the Services, or any other content, data, materials, or information of Prepkits.
IN PARTICULAR, PREPKITS WILL NOT BE LIABLE FOR:
- ANY DAMAGES TO OR VIRUSES, WORMS, TROJAN HORSES OR OTHER DISABLING OR HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE OR ANY THIRD PARTY SITES;
- LOST OR PROSPECTIVE PROFITS OR REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, DATA LOSS, WORK STOPPAGE, OR COMPUTER FAILURE, DELAY OR MALFUNCTION ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR
- ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS),
whether any of those claims are based in contract, tort, strict liability or otherwise, that arise out of or are in any way related to: (i) any use of the Website or the data, materials, information or content thereof; (ii) any failure or delay (including, without limitation, the use of or inability to use any component of this Website) in performance of Services; or (iii) the performance or non-performance by Prepkits, a courier, or any other provider, whether or not Prepkits knew or should have known of the possibility that such damages to such parties or any other party might be incurred.
You will defend, indemnify and hold Prepkits, its officers, directors, employees, and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or your use of, or access to, the Website or Services.
GOVERNING LAW AND JURISDICTION
Accessing this website or using of any of its content or services from locations where such access or use is illegal is prohibited. Notwithstanding the laws of the location from which you access this website, you agree that the statutes and laws of the State of Delaware, notwithstanding any principles or conflicts of law, will apply to all matters relating to the use of this website and all Sinjun Enterprises LLC, and its affiliates or DBA’s, websites and you are responsible for compliance with applicable laws, whether federal, state, or local pertaining to your use of Sinjun Enterprises LLC, and its affiliates or DBA’s websites. If any part of these Terms and Conditions are deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
DISPUTE RESOLUTION – Mandatory Agreement to Arbitrate on an Individual Basis
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Sinjun Enterprises LLC, and its affiliates or DBA’s, employees, agents, successors, or assigns, shall exclusively be settled through binding and bilateral confidential arbitration, except that you or Sinjun Enterprises LLC, and its affiliates or DBA’s may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration, and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND SINJUN ENTERPRISES LLC, AND ITS AFFILIATES or DBA’s ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, the Minimum Standards and other information on JAMS arbitration, are available through the JAMS website: https://www.jamsadr.com. Such arbitration shall be conducted by a single arbitrator and held in Wilmington, Delaware, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and Sinjun Enterprises LLC, and its affiliates or DBA’s, must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action, and the arbitrator shall not award class-wide relief; (b) Sinjun Enterprises LLC, and its affiliates or DBA’s will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Sinjun Enterprises LLC, and its affiliates or DBA’s, will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her, or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Wilmington, Delaware.
All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction.
This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16 (FAA).
Notwithstanding anything to the contrary, we will be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of Delaware or any other court of competent jurisdiction.
Permitted Time For Filing A Claim or Lawsuit
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or registration on our Website must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
You agree that nothing in these Terms or in your use of or access to the Website or Services will make you an employee, agent, or legal representative of Prepkits. You may not assign or delegate the performance of part or all of your obligations under these Terms, without the prior written approval of Prepkits.
All terms used in one number or gender will be construed to include any other number or gender as the context may require. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Prepkits. The failure to enforce any right under these Terms will not be a waiver of the provision or the right to enforce it at a later time.