Terms of service
Terms of Service
Welcome to EvenKeel! The terms “we”, “us” and “our” refer to EvenKeel, LLC. EvenKeel operates this website and online store (collectively, the “Services”) to provide you with a curated shopping experience for our outdoor and lifestyle products.
These Terms of Service (the “Terms”) govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights, obligations, and remedies.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
1. Access and Account
By using our Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the parent or legal guardian of any minor using the Services under your supervision.
You may be required to provide accurate and complete personal information, including email, billing, and shipping details. You agree to maintain current, complete, and accurate information at all times.
You are responsible for maintaining the confidentiality of your account credentials and all activities under your account. Unauthorized access or use of another customer’s account is strictly prohibited.
2. Products and Descriptions
We strive to display accurate product images, descriptions, and pricing. However, colors and details may vary slightly due to monitor settings or device differences. All product descriptions and pricing are subject to change at any time without notice.
We reserve the right to discontinue or limit the sale of any product or service at any time and to any geographic region, as permitted by applicable law.
3. Orders and Acceptance
When you place an order, you are making an offer to purchase. Orders are subject to acceptance by EvenKeel, LLC. We may refuse or cancel an order for any reason, including suspected fraud, inaccurate information, or product unavailability. In such cases, we will notify you via the email or phone number provided at checkout.
Orders are not final until confirmed via email. Please review your order carefully before submitting, as we may not be able to accommodate changes or cancellations once processed.
Purchases are subject to our Refund & Return Policy.
4. Prices and Billing
All prices are listed in U.S. dollars unless stated otherwise. Prices, promotions, and discounts may change without notice. Applicable taxes, shipping, and handling fees will be added at checkout.
You agree to provide valid payment information and authorize us to charge your selected payment method for all purchases. You represent and warrant that: (i) you are authorized to use the chosen payment method, (ii) all payment information is accurate, and (iii) sufficient funds are available to complete the transaction.
We reserve the right to correct pricing errors, even after an order has been submitted, and will notify you if adjustments are required.
5. Shipping and Delivery
All orders are processed and shipped in accordance with our Shipping Policy. Delivery dates are estimates and not guaranteed. Title and risk of loss pass to you upon transfer to the carrier. We are not responsible for shipping delays or damage caused by carriers, weather, or customs processes.
6. Intellectual Property
All content on the Services—including text, graphics, logos, images, videos, and trademarks—is owned by or licensed to EvenKeel, LLC and protected by U.S. and international intellectual property laws. You may not reproduce, distribute, or use any content without our express written permission.
Unauthorized use of our intellectual property may violate copyright, trademark, or other laws and may result in legal action.
7. Optional Tools and Third-Party Services
Our site may offer access to third-party tools or integrations (e.g., payment gateways, analytics, or embedded apps). These tools are provided “as is” without warranty or endorsement. Your use of such tools is at your own risk, and you must review the applicable third-party terms of use.
8. Third-Party Links
Links to third-party websites are provided for convenience only. We are not responsible for the content, accuracy, or privacy practices of third-party sites. Your interactions with third parties are governed by their own terms and policies.
9. Relationship with Shopify
EvenKeel, LLC uses Shopify to host and operate its online store. Shopify provides the e-commerce platform and may process your personal and payment information in accordance with Shopify’s Privacy Policy. However, all sales are made directly between you and EvenKeel, LLC.
10. Privacy
Your use of our Services is also governed by our Privacy Policy. This includes information on how we collect, use, and protect your data, as required under the California Consumer Privacy Act (CCPA/CPRA), the Children’s Online Privacy Protection Act (COPPA), and other applicable laws.
11. Feedback and User Content
Any feedback, comments, reviews, or suggestions you provide may be used by us for any lawful purpose, including marketing and improvement of our Services, without compensation to you. By submitting content, you grant us a perpetual, worldwide, royalty-free license to use it in any media.
12. Errors and Omissions
Occasionally, information on our site may contain errors or omissions relating to product descriptions, pricing, or availability. We reserve the right to correct such errors and update or cancel orders as necessary, including after submission.
13. Prohibited Uses
You agree not to use the Services for any unlawful or harmful purpose, including (but not limited to) fraud, infringement, harassment, spamming, or unauthorized access to data. Violation of this section may result in termination of your account and potential legal action.
14. Termination
We reserve the right to suspend or terminate your access to the Services at any time without notice if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease, but certain sections (including Intellectual Property, Limitation of Liability, and Indemnification) will survive.
15. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED BY EVENKEEL, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
Some states do not allow limitations on implied warranties, so certain exclusions may not apply to you.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EVENKEEL, LLC, ITS OFFICERS, EMPLOYEES, AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
17. Indemnification
You agree to defend, indemnify, and hold harmless EvenKeel, LLC, Shopify, and their affiliates from any claims, damages, or expenses (including attorney’s fees) arising from your breach of these Terms or misuse of the Services.
18. Severability
If any provision of these Terms is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
19. Entire Agreement and Waiver
These Terms, along with our Privacy Policy and related policies, constitute the entire agreement between you and EvenKeel regarding your use of the Services. Our failure to enforce any right or provision under these Terms does not constitute a waiver of that right.
20. Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms at any time without notice.
21. Governing Law
These Terms and your use of the Services are governed by the laws of the State of Idaho and applicable U.S. federal law, without regard to conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the courts located in Idaho for the resolution of any disputes.
22. Updates to These Terms
We may update or modify these Terms at any time. Material changes will be communicated by posting an updated version on this page with a revised effective date. Continued use of the Services following such updates constitutes your acceptance of the revised Terms.
23. Contact Information
Questions about these Terms of Service can be directed to:
EvenKeel, LLC
Email: contact@evenkeelgear.com
Mailing Address: PO Box 2022, McCall, Idaho 83638