TERMS AND CONDITIONS
PORTLAND EARTHQUAKE KITS LLC (hereinafter, “PEK”) and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
SHIPPING AND RETURN POLICY
Please see our Shipping and Return Policy page on this site.
The kits sold by PEK under any name, including the “Essentials Kit”, are not intended to be considered comprehensive, exhaustive, or complete. PEK cannot guarantee that our kits will cover your entire, essential, immediate, or most important needs after any type of disaster. The items included in our kits have been carefully selected based on our assessment of our customers’ needs under certain circumstances, which may not correspond to your own assessment of your needs under similar circumstances. PEK also cannot guarantee that our assessment of the specific circumstances you might face after a disaster will be correct or the same as your own assessment or that of any local, regional, federal, or other authorities or organizations. We have intentionally limited the items in our kits in order to keep our prices as accessible as possible, in order to attend the widest possible market.
By purchasing a kit from PEK, you acknowledge that the items contained in it may not be sufficient to address your own personal needs under any given scenario, and that our kits are intended to represent a foundation upon which you add the additional items important to you. Similarly, the quantities of the items we include in our kits such as toilet or waste bags, tape, plastic sheeting, etc., are based on estimates and may not be sufficient for your specific surroundings or needs.
The purchase of a kit from PEK will not guarantee that you will survive or be uninjured during any type of disaster, nor that your kit will be accessible to you after a disaster, nor that you will be able to overcome any specific circumstances that you may face. By purchasing a kit from PEK, you acknowledge that PEK is only able to provide storage recommendations based on product deterioration or damage, and not access after an earthquake or similar disaster. PEK is not liable for any failure on your part to be able to access your kit following a disaster.
PEK will not be held liable for any defects found in any of the items contained in its kits after the 30 day guarantee period mentioned later in these terms, including any defects discovered during or after an earthquake or similar disaster. PEK will not be liable for any property damage, bodily injuries, or death caused by or as result of the improper use of any of the items included in our kits, including the contents of our Trauma Kits such as tourniquets and emergency compression (Israeli) bandages, which can cause the loss of a limb if used improperly or left on too long. In the event that instructions are included for items contained in PEK’s kits, including reprinted instructions from the City of Portland or other public authorities, PEK will not be held liable for any claims resulting either from the failure to follow said instructions or the inapplicability of said instructions due to policy changes, new information, updated guidelines, or anything else outside the control of PEK. By purchasing a kit from PEK you acknowledge that any instructions provided, including but not limited to disposal of human waste and first aid, are provided for convenience purposes based on current information and may be updated in the future by the relevant authorities and no longer be recommended.
30 DAY LIMITED GUARANTEE
PEK offers a 30 day guarantee for a full refund of its earthquake kits. If an individual item is damaged or unsatisfactory, PEK will exchange the item for the same or substantially similar item from our inventory. PEK will not provide refunds for individual items from its kits.
PEK offers a 30 day limited guarantee for either exchange or refund of qualifying merchandise from its store. To determine if the product you wish to purchase qualifies for PEK’s 30 day limited guarantee or if other coverage applies please review the coverage terms in the Shipping and Return Policy.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit PEK or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PEK or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PEK, with copyright authorship for this collection by PEK, and protected by international copyright laws.
PEK trademarks and trade dress may not be used in connection with any product or service not offered by PEK, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PEK. All other trademarks not owned by PEK or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PEK or its subsidiaries.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
PEK reserves the right at any time after receipt of your order to accept or decline your order for any reason. PEK reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $1000.00 (USD) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
PEK and its associates attempt to be as accurate as possible. However, PEK does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by PEK itself is not as described, your sole remedy is to return it in unused condition.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, PEK shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. PEK shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PEK shall immediately issue a credit to your credit card account in the amount of the charge.
LICENSE AND SITE ACCESS
PEK grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PEK. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PEK. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PEK and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing PEKs name or trademarks without the express written consent of PEK. Any unauthorized use terminates the permission or license granted by PEK. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PEK so long as the link does not portray PEK, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PEK logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you logon to this site at any time, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. PEK and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PEK reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PEK and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PEK and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify PEK or its associates for all claims resulting from content you supply. PEK has the right but not the obligation to monitor and edit or remove any activity or content. PEK takes no responsibility and assumes no liability for any content posted by you or any third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY PEK ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEK DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PEK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS 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 MIGHT HAVE ADDITIONAL RIGHTS.
By visiting PEK, you agree that the laws of the state of OREGON, UNITED STATES OF AMERICA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PEK or its associates.
Any dispute relating in any way to your visit to PEK or to products you purchase through PEK shall be submitted to confidential arbitration in OREGON, UNITED STATES OF AMERICA, except that, to the extent you have in any manner violated or threatened to violate PEK’s intellectual property rights, PEK may seek injunctive or other appropriate relief in any state or federal court in the state of OREGON, 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 the American Arbitration Association. 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to PEK. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.