Terms of Service
Terms of Service — HNK
Last Updated: June 21, 2026
Overview
HNK operates this store and website, including all related information, content, features, tools, products, and services (the "Services"). The Services are powered by Shopify. The following Terms of Service, together with all policies referenced herein, govern your access to and use of the Services. By visiting, using, or making a purchase through the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must not use or access the Services.
Please read these Terms carefully. They contain important information about your legal rights including warranty disclaimers, limitations of liability, an arbitration agreement, and a class action waiver.
Section 1 — Eligibility and Age Requirement
By using the Services or completing a purchase, you represent and warrant that:
- You are at least 18 years of age. Our products are intended for adults only. We do not sell to minors. If we become aware that a purchase has been made by or on behalf of a person under 18, we reserve the right to cancel that order and issue a refund at our discretion.
- You have the legal capacity to enter into a binding agreement in your jurisdiction.
- You understand that the HNK™ MotorFloat is a motorized watercraft product intended for recreational use only, and you accept sole responsibility for using it safely, lawfully, and in compliance with any applicable local waterway rules or regulations in your area.
- You are purchasing for personal or household use only and not for commercial resale or export.
- All information you provide to us is accurate, current, and complete.
Section 2 — Our Products
We make reasonable efforts to accurately represent our products through descriptions, images, and specifications on the Services. However, product appearance including colors and dimensions may vary from how they appear on your screen due to device settings and display configurations. We do not warrant that product appearance or quality will meet your expectations or match exactly what is depicted on the Services.
All product descriptions, pricing, and availability are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product, limit quantities, or restrict sales to any person, geographic region, or jurisdiction at any time and for any reason.
Section 3 — Orders
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order at our sole discretion and for any reason, including without limitation concerns about legal compliance, suspected fraud, or geographic restrictions. Your order is not accepted until we confirm acceptance in writing. We must receive and successfully process your payment before an order is accepted.
Once an order is accepted, cancellation requests cannot be guaranteed. We will make reasonable efforts to accommodate cancellation requests submitted immediately after purchase but are under no obligation to do so. Pre-order purchases are non-cancellable and non-refundable once placed, except as required by applicable law.
If we decline, modify, or cancel your order, we will attempt to notify you using the contact information provided at checkout. All returns and refunds are governed exclusively by our Refund Policy, which is incorporated into these Terms by reference.
Section 4 — Prices and Billing
Prices are subject to change without notice. The price charged for a product will be the price displayed at the time the order is placed and confirmed in your order confirmation email. Displayed prices do not include applicable taxes, shipping fees, customs duties, or import charges unless expressly stated otherwise. You are responsible for all such additional charges.
You represent and warrant that all payment information you provide is accurate, current, and complete, that you are authorized to use the payment method provided, and that all charges incurred will be honored by your payment provider. We reserve the right to cancel orders where payment cannot be verified or processed.
Promotional pricing, discounts, and offers are subject to separate terms and may be modified or withdrawn at any time without notice.
Section 5 — Shipping, Delivery, and Risk of Loss
All shipping and delivery timeframes are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, weather events, or any other circumstances outside our control.
Risk of loss and title for all products passes to you at the time we transfer the order to the carrier. Once a product has been dispatched and a tracking number issued, we are not responsible for loss, theft, damage, or delay that occurs during transit or after delivery.
Full terms governing shipping are set out in our Shipping Policy, which is incorporated into these Terms by reference.
Section 6 — Safe and Lawful Use
The HNK™ MotorFloat is a motorized inflatable watercraft designed for recreational use in calm water environments including pools, lakes, and reservoirs. By purchasing and using this product, you agree to:
- Use the product only in appropriate water conditions and environments, in accordance with the product instructions and any applicable local regulations governing motorized watercraft.
- Accept sole responsibility for your own safety and the safety of others while using the product.
- Ensure all users are competent swimmers or are supervised appropriately.
- Not use the product in a manner that is reckless, negligent, or in violation of applicable law.
HNK is not liable for any injury, damage, or loss arising from misuse, unsafe use, or use of the product in conditions or environments for which it is not designed.
Section 7 — Intellectual Property
All content on the Services including trademarks, brand names, text, images, graphics, video, audio, product designs, and the selection and arrangement thereof is owned by HNK or its licensors and is protected by applicable intellectual property laws. You are permitted to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, or transmit any material from the Services without our prior written consent. All rights not expressly granted are reserved.
HNK's names, logos, product names, and slogans are trademarks of HNK. You may not use them without prior written permission. Shopify's trademarks remain the property of Shopify Inc.
Section 8 — Third-Party Links and Tools
The Services may contain links to third-party websites or provide access to third-party tools. We do not control, monitor, or endorse any third-party websites or tools and are not responsible for their content, accuracy, security, or practices. Your use of third-party websites and tools is at your own risk. We are not liable for any harm, loss, or damage arising from your access to or use of any third-party website or tool.
Section 9 — Relationship with Shopify
The Services are hosted and operated on Shopify's platform. Any sales and purchases made through the Services are made directly with HNK. Shopify is not a party to any transaction between you and HNK and is not responsible for any aspect of those transactions, including any injury, damage, or loss resulting from purchased products. By using the Services, you expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with HNK.
Section 10 — Privacy Policy
All personal information collected through the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you confirm that you have read and understood our Privacy Policy. Shopify's collection and processing of data in connection with the Services is governed by Shopify's Privacy Policy available at https://privacy.shopify.com/en.
Section 11 — Feedback and Reviews
By submitting any feedback, reviews, suggestions, or other content to us, you grant HNK a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that content in any medium for any purpose including commercial use. You represent that you own or have all necessary rights to any content you submit, that it is accurate, and that it does not violate any third-party rights. We are under no obligation to respond to, compensate for, or maintain confidentiality of any feedback submitted. We reserve the right to remove any content we determine at our sole discretion to be unlawful, offensive, or in violation of these Terms.
Section 12 — Prohibited Uses
You may only use the Services for lawful purposes. You may not use the Services to violate any applicable law or regulation, infringe any intellectual property rights, transmit false or misleading information, engage in fraudulent activity, harass or harm any person, transmit malicious code or spam, scrape or collect data from the Services without authorization, or interfere with the security or operation of the Services. We reserve the right to suspend or terminate your access at any time without notice for any violation of these Terms.
Section 13 — Pre-Orders
Pre-order purchases are subject to an estimated fulfillment window of 6–8 weeks from the date of purchase. Estimated fulfillment dates are displayed on product pages at the time of ordering and are estimates only. Pre-order purchases are final and non-cancellable once placed. If we are unable to fulfill a pre-order, we will notify you and offer a full refund or store credit. We are not liable for any loss or inconvenience arising from pre-order fulfillment delays beyond our reasonable control.
Section 14 — Force Majeure
We are not liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of government, war, civil unrest, carrier failures, supply chain disruptions, customs delays, or any other event outside our reasonable control. In such circumstances our obligations will be suspended for the duration of the event. If the event continues for more than 60 days, we reserve the right to cancel affected orders and issue refunds.
Section 15 — Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED BY HNK, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN FULL.
Section 16 — Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HNK, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, REPLACEMENT COSTS, LEGAL FEES, FINES, PENALTIES, OR ANY DAMAGES ARISING FROM THE POSSESSION, USE, OR TRANSPORT OF ANY PRODUCT PURCHASED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
Section 17 — Indemnification
You agree to indemnify, defend, and hold harmless HNK, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: your use of the Services; your purchase, possession, transport, or use of any product; your breach of these Terms; your violation of any applicable law or regulation; any claim by a third party arising from your conduct; or any legal action taken against you or us in connection with the products you have purchased. This indemnification obligation survives termination of these Terms.
Section 18 — Dispute Resolution and Binding Arbitration
Please read this section carefully. It affects your legal rights.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product purchased through the Services, including disputes about the validity, enforceability, or scope of this arbitration agreement, shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in New York, New York, or by video conference at the election of either party.
The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and HNK each waive the right to a jury trial and the right to participate in a class action, class arbitration, or any other representative proceeding. All disputes must be brought in an individual capacity only.
Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
If any part of this arbitration agreement is found unenforceable, that part shall be severed and the remaining provisions shall continue in full force.
Section 19 — Class Action Waiver
You and HNK agree that each may only bring claims against the other in an individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. No arbitration or proceeding may be combined with another without the prior written consent of all parties.
Section 20 — Governing Law and Jurisdiction
These Terms of Service and any disputes arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Subject to the arbitration agreement in Section 18, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York for any matter not subject to arbitration.
Section 21 — Termination
We may terminate or suspend your access to the Services at any time without notice at our sole discretion, including for violation of these Terms. Upon termination you remain liable for all amounts due. The following sections survive termination: Intellectual Property, Feedback, Safe and Lawful Use, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution and Binding Arbitration, Class Action Waiver, Governing Law, and any provisions that by their nature should survive.
Section 22 — Errors and Inaccuracies
We reserve the right to correct any errors, inaccuracies, or omissions in product descriptions, pricing, availability, or any other information on the Services at any time without prior notice, including after an order has been submitted. We reserve the right to cancel any order placed based on inaccurate information.
Section 23 — Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remainder of these Terms shall continue in full force and effect.
Section 24 — Waiver and Entire Agreement
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with our Privacy Policy, Shipping Policy, and Returns & Refunds Policy, constitute the entire agreement between you and HNK and supersede all prior agreements, representations, and understandings. Any ambiguities in interpretation shall not be construed against the drafting party.
Section 25 — Assignment
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms at any time without notice or consent.
Section 26 — Changes to Terms
We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. Material changes will be communicated in accordance with applicable law. Your continued use of the Services following any changes constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.