Terms of Service

Effective date: 1/1/2023
Company: Get Ducked (Get Ducked Waterfowl)
Website: get-ducked.com
Email: [support@get-ducked.com]
Address: 3207 Highway T, Poplar Bluff, MO 63901, USA

1) Acceptance of these Terms

By accessing or purchasing from our website, social channels, or partner marketplaces (e.g., Etsy, Faire), you agree to these Terms and our Privacy Policy, Refund & Returns Policy, and Shipping Policy (together, the “Policies”). If you don’t agree, do not use the Services.

2) Eligibility & Your Account

You must be at least 18 (or the age of majority in your location) to make purchases. Keep your account login secure; you’re responsible for all activity that occurs under it. Tell us right away if you suspect unauthorized use.

3) Products, Pricing & Availability

• We may change products, specs, or prices at any time.

• Displayed prices exclude taxes, duties, and shipping unless stated otherwise.

• A listing on the site isn’t a binding offer. We may refuse or cancel orders (for example, suspected fraud, inventory errors, or shipping limitations). If we cancel after you’ve paid, we’ll refund you.

4) Orders & Payment

We accept the payment methods shown at checkout. By submitting an order, you authorize us and our processor(s) to charge your selected method for the order total, including taxes and shipping.

5) Shipping, Risk of Loss & Delivery

Shipping options, costs, and timing are shown at checkout and in our Shipping Policy. Title and risk of loss pass to you when the order is handed to the carrier. Delivery dates are estimates, not guarantees.

6) Returns, Exchanges & Refunds

Our Refund & Returns Policy explains eligibility windows, condition requirements, and how to start a return. Certain items (e.g., worn apparel, used gear, custom items) may be final sale.

7) Promotions, Bundles & Gift Cards

Promotions (including BOGO), bundles, and discount codes are subject to their stated terms, availability, and dates. We can modify or end a promotion at any time. Gift cards (if offered) are nonrefundable, have no cash value, and may be limited to our website.

8) Wholesale & Marketplace Sales

Wholesale terms (e.g., Faire) are governed by the specific wholesale agreement and platform policies. If there’s a conflict between those terms and these Terms, the wholesale agreement controls for wholesale orders.

9) Safety, Responsible Use & Assumption of Risk

Some products are intended for outdoor/hunting use. You are responsible for safe, lawful, and intended use of all products. Follow all instructions, weight limits, local laws, and hunting regulations. By purchasing and using our products, you acknowledge inherent risks associated with outdoor activities and assume all responsibility for their use.

10) Prohibited Conduct

You agree not to:

• Use the Services for unlawful purposes or to violate any law.

• Interfere with the site, attempt to bypass security, or scrape data without permission.

• Misrepresent your identity or infringe others’ rights.

• Post content that is illegal, defamatory, or violates intellectual-property rights.

11) User Content (Reviews, Photos, Submissions)

If you post a review, photo, or other content (“User Content”), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute that content in connection with our business (including on the site, ads, social channels, and emails). You represent you own or control the rights to your content and that it doesn’t violate others’ rights or any law. We may edit or remove User Content at our discretion.

12) Intellectual Property

All site content—including logos, product names, artwork, text, graphics, photos, and code—is owned by or licensed to Get Ducked and protected by law. You may not use our marks or content without prior written permission, except as allowed by law.

13) Third-Party Services & Links

We may link to third-party sites or use third-party services (e.g., payment processors, shipping carriers, social platforms). We don’t control third-party sites and aren’t responsible for their content or policies. Your use of third-party services is at your own risk and subject to their terms.

14) Texts, Emails & Marketing

With your consent, we may send you transactional and marketing messages. You can opt out of marketing at any time (unsubscribe links or replying STOP to SMS). Standard carrier rates may apply. We’ll still send essential notices about your orders or account.

15) Pre-Orders & Backorders (If Offered)

Estimated ship dates are provided at checkout or in the product listing. Dates are estimates and can change. You may cancel before shipment for a full refund; once shipped, the Refund & Returns Policy applies.

16) Warranties & Disclaimers

Except where prohibited by law:

• Products are provided “AS IS” and “AS AVAILABLE.”

• We disclaim all warranties—express or implied—including merchantability, fitness for a particular purpose, and non-infringement.

• Some jurisdictions do not allow limitations on implied warranties, so these may not apply to you.

17) Limitation of Liability

To the maximum extent permitted by law, Get Ducked and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising from your use of the Services or products. Our total liability for any claim relating to the Services or a product will not exceed the amount you paid for the product or $100, whichever is greater. Some jurisdictions don’t allow certain limitations, so parts of this section may not apply.

18) Indemnification

You agree to indemnify and hold Get Ducked harmless from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from your misuse of the Services or products, your violation of these Terms, or your violation of any law or third-party rights.

19) Dispute Resolution; Arbitration; Class-Action Waiver

Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by emailing us at [support@get-ducked.com] with “Dispute” in the subject. If we can’t resolve it within 30 days, either party may proceed as below.

Binding Arbitration. Except for small-claims court matters or claims for injunctive relief, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in Butler County, Missouri, or remotely, at your election.

Class-Action Waiver. You and Get Ducked agree that claims must be brought individually, not as a class or representative action.

Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing [support@get-ducked.com] with your name, order number (if any), and a clear statement that you want to opt out of arbitration.

20) Governing Law & Venue

These Terms are governed by the laws of the State of Missouri, without regard to conflicts of laws rules. For disputes that may be filed in court (e.g., small claims or permitted injunctive relief), venue will be the state or federal courts located in Butler County, Missouri, and you consent to personal jurisdiction there.

21) Changes to the Services or Terms

We may update the Services and these Terms from time to time. When we make material changes, we’ll update the Effective Date above and, where required, provide additional notice. Continued use of the Services after changes are posted means you accept the revised Terms.

22) Termination

We may suspend or terminate access to the Services at any time, with or without notice, for any reason, including suspected violations of these Terms. Sections that by their nature should survive termination do survive (e.g., IP, disclaimers, limitation of liability, dispute resolution).

23) Severability & Entire Agreement

If any provision is found unenforceable, the rest remain in effect. These Terms and the Policies are the entire agreement between you and Get Ducked regarding the Services and supersede prior communications.

24) Contact

Questions? Reach us at [support@get-ducked.com] or by mail at the address above.