Terms of Service
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Terms of Service
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the DukOUT.com website (the “Service”) operated by DukOUT, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Any person who is under 18 years old must be accompanied by an adult on his or her journey. There may be other restrictions andconditions on some offers.
This website is written by ODM Web Solutions and user generated reviews, opinions and comments left by the visitors of this website. This website may accept forms of cash advertising, sponsorship, paid insertions, affiliate links or other forms of compensation.
The compensation received will never influence the content, topics or posts made in this website.
The owner(s) of this website is not compensated to provide opinion on products, services, websites and various other topics (in this instance, outdoor adventure). The views and opinions expressed on this website are purely the website’s owners. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
This website does not contain any content which might present a conflict of interest.
STRICT AND ENFORCED 24 HOUR CANCELLATION POLICY
Your appointments are very important to DukOUT, it is reserved especially for you, we understand that sometimes schedule adjustments are necessary; therefore, we respectfully request at least 24 hours notice for cancellations.
Please understand that when you forget or cancel your appointment without giving enough notice, we miss the opportunity to fill that appointment time, and clients on our waiting list miss the opportunity to receive services. Our appointments are confirmed 48 hours in advance because we know how easy it is to forget an appointment you booked months ago. Since the services are reserved for you personally, a Cancellation fee will apply.
– Less than 24 hour notice will result in a charge equal to 50% of the reserved service amount.
– “NO SHOWS” will be charged 100% of the reserved service amount.
– Appointments made within the 24 hour period and need to cancel, the client then must cancel within 4 hours of appointment time
or will result in a charge equal to 50% of the reserved service amount.
– Any multiple services or combos must be held with a credit card. Multiple services or combos not cancelled 24hours in advance will be charged 100% of the reserved service amount. A credit card transaction will be made on your credit card to reserve theappointment time.
The cancellation policy allows us the time to inform our standby guests of any availability, as well as keeping the DukOUT members scheduled filled, thus better serving everyone.
PLEASE BE ON TIME FOR YOUR EXCURSION. OUR DRIVERS ARE ON A STRICT SCHEDULE AND LEAVE WITHIN 10 MINUTES OF THE SCHEDULED DEPARTURE TIME.
As a courtesy, we will call and confirm your service appointments two business day prior to your appointment date. However, if we are unable to reach you, and can only leave a message, please understand that it is your responsibility to remember your appointment dates and times to avoid late arrivals, missed appointments and the cancellation fee.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Payment by credit card
If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
Modification to the Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
No Third Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by DukOUT. DukOUT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DukOUT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of the state of Arizona, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these
Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
You agree to indemnify, defend and hold harmless DukOUT LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Relationship of the Parties
You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
OWNERSHIP AND USE OF TRADEMARKS
THE TRADEMARKS AND SERVICE MARKS FOR DUKOUT, AND ANY LOGOS, DESIGNS, SLOGANS OR OTHER SOURCEIDENTIFYING DEVICES, INCLUDING COMBINATIONS THEREOF (EXCLUDING ANY THIRD PARTY OWNED TRADEMARKS OR SERVICE MARKS) DISPLAYED ON THE SITE ARE OWNED BY DUKOUT LLC. OTHER PROPRIETARY DUKOUT MARKS MAY BE DESIGNATED AS SUCH FROM TIME TO TIME ON THIS SITE THROUGH USE OF THE SM, TM OR ® SYMBOLS. EXCEPT WHEN INCLUDED IN ANY AUTHORIZED PRINTOUTS OF THE CONTENT, YOU ARE EXPRESSLY PROHIBITED FROM MAKING ANY OTHER USE OF DUKOUT TRADEMARKS, INCLUDING, BUT NOT LIMITED TO, AS METATAGS, KEY WORDS, TEXT OR OTHER LINKS (UNLESS OTHERWISE PERMITTED BY DUKOUT IN ITS SOLE DISCRETION) OR IN ANY OTHER FASHION THAT MAY CREATE A FALSE OR MISLEADING IMPRESSION OF AFFILIATION WITH OR SPONSORSHIP BY DUKOUT, LLC.
If you have any questions about these Terms, please contact us.