Conditions to Use the Website
Your permission to use the Website is conditioned upon your agreement that you:
- are at least 13 years old;
- will not copy or distribute any part of the Website in any manner without our prior written consent;
- will provide accurate information when creating your account or registering for the website;
- will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;
- are solely responsible for any content provided by you on the Website, including but not limited to any discussion posts, profile information, links and pictures including the ownership of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject to other’s proprietary rights;
- agree we have the right to remove any and/or all of your content and terminate your account with or without prior notice.
By using the Website, you agree not to:
- conduct or promote illegal activities;
- attempt to reverse engineer or otherwise attempt to derive the source code of the software (including tools, methods, processes, and infrastructure);
- engage in the automated use of the system, such as the use of data mining robots, or any manual process to harvest information from the Website;
- attempt to gain access to secured portions of the Website;
- hack into the accounts/profiles of other Users;
- infringe upon the copyright of us or third parties whose content is hosted on the Website;
- harass other Users of the Website;
- violate the rights of other Users of the Website;
- post materials that we deem to be inappropriate or offensive;
- sell or otherwise transfer your account/profile without our express permission;
- use the Website to generate unsolicited email advertisements or spam;
- use our services as part of any effort to compete with us;
- interfere in any way with the proper functioning of the Website;
Links to Other Sites
We may have links to third-party websites that are not owned, controlled or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products or services by the simple inclusion of a link to another website. If you choose to access a third-party link it is at your own risk.
Liability for Acts of Advertisers
You waive and release us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from, any claims, liabilities, damages, or injury arising from or related to any act or omission of any of the advertisers and/or any goods and/or services provided in connection therewith. Likewise, we make no representations, endorsements, warranties regarding the merchantability, suitability, reputation, professionalism or any other warranties of any kind whatsoever regarding any advertise on the Website..
Promotions, Sweepstakes and other Contests
We reserve the right to, on occasion, offer special promotions, contests and/or sweepstakes intended to provide you an incentive to use or promote the Website or engage with advertisers or others associated with the Website. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest or sweepstakes in our sole discretion, and you hereby agree to our interpretation.
Products or Services
- Product Descriptions. We make great effort to put accurate product information, descriptions and images on the Website, but will not be held responsible for any mistakes or omissions to any information made available. The description of products are subject to change at any time without notice, at our sole discretion.
- Prices. Prices for our goods and services are subject to change without notice. Prices on the website do not include delivery charges. Any delivery charges are clearly listed before checkout. We shall not be liable to you or any third party for any price change.
- Modifications. Prices for our goods and services are subject to change without notice. We reserve the right at any time to modify or discontinue any goods and services (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, suspension or discontinuance of any of our goods and services.
- Tax. If required by law, tax will be collected from a user at the time of purchase..
- Payment for Services. Full payment for services are made upon placing an order..
- Method of Payment. We accept the following methods of payment: Credit Card, PayPal
- Unavailable Products. If, after purchasing and completing payment for a product, that product is unavailable, you will be refunded the purchase price, we will contact you to inquire about whether you want to wait until the product is available. If within 30 days we receive no response, you will be refunded the purchase price, including any amount paid for delivery, within 30 days. If no response is received and the product becomes available within 30 days, we will promptly ship the product to you. If an unavailable product will not be restocked, we will refund you..
- Discretion. We reserve the right but are not obligated, to limit the sales of our goods and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time. Any offer for any goods and services made on this site is void where prohibited.
We want you to be satisfied with our goods and services. If you feel there was a problem with the goods and services you received please contact us as listed below in the Contact section. If you decide that you want a refund, all such requests must be submitted within 14 days of purchase.
- Limitations. All third party fees and shipping costs are non-refundable..
- Form of Refund. Your refund will be issued in the same form that it was received. For example, if the payment to us was made by credit card then the refund will be issued to the same credit card used to make the payment.
We may make the website unavailable for periods of time for general maintenance. The length of such unavailability will be kept to a minimum, but we offer no guaranty as to a length of time the website may be unavailable. We are not liable for any issue that may arise from such unavailability.
Disclaimers of Warranty
We provide the Website and the related goods and services “as is”, “where is”, and “as available.” We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES, OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL.
Limitations of Liability
- In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”) unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.
Choice of Law
Any claim or dispute between you and us, our officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Website shall be decided exclusively by binding arbitration. Arbitration shall be initiated in O’ahu, Hawai’i or shall be done entirely remote. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). To the fullest extent permitted by applicable law, you and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; and (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law..
The section headings used herein are for convenience only and shall be of no legal force or effect.
Third Party Beneficiaries
Email at firstname.lastname@example.org;