Terms and Conditions
PLEASE NOTE: SECTION 22 OF THIS AGREEMENT GOVERNS HOW DISPUTES AND CLAIMS BETWEEN YOU AND HANALEI CAN BE RESOLVED. THIS SECTION, WITH LIMITED EXCEPTION, REQUIRES YOU AND HANALEI TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.
Notwithstanding anything to the contrary, while maintaining the requirement that all minors be at least 13 to use our Site, if you are legally an adult (or the “age of majority”) in your state of residence, you have given us your consent to allow any of your minor dependents to use this Site and will be fully responsible for any breaches of our Terms and Conditions by any minors that you have authorized to use our Site, whether or not such authorization was otherwise permitted by our Terms and Conditions.
- Acceptance of Terms
- Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or product we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
- Products and Services for Personal Use
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any services offered by Hanalei or our Site (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.
The products available on the Site, and any samples thereof we may provide to you, are for your personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled, or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
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. 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 on our Site will be corrected.
All material and information presented by Hanalei is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration or any other regulatory agency (whether in or outside of the United States) and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines are not generally intended for use by small children or minors. You should always check the ingredients for products to avoid potential allergic and other adverse reactions.
Be mindful that if you are taking any prescription or over-the-counter drugs, herbal remedies, vitamins or other dietary or health supplements, or undergoing any medical or alternative medicine treatments or other health, wellness and beauty treatments or services, that the ingredients in any products purchased by you from Hanalei could produce an adverse drug reaction or induce other adverse consequences for your health or appearance.
Use of the Site is not meant to serve as a substitute for professional medical advice: this Site is solely an online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on it. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Hanalei does not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. Hanalei does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site.
- Purchase-Related Policies and Procedures
Limitations on Purchases. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of our merchandise, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales and through our catalogs and websites.
Right to Terminate You. A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.
Other Policies. To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns, and exchanges), see Shipping Terms and Guarantee & Refund Policy.
- Accuracy of Our Information
We attempt to minimize errors when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information, or other content available on the Site are accurate, complete, reliable, current, or error-free. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted), and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
- Intellectual Property
Everything on or used in connection with our Site, including but not limited to the Hanalei name and logo, product images and descriptions, Site design, the look and feel of the Site, text, graphics, button icons, images, audio clips, page headers, trademarks, trade dress, content, the selection and arrangement thereof, and all software belongs to or is licensed to Hanalei and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Permission is granted to electronically copy and to print in hard copy portions of the Site for purposes of placing an order or for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes; or
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: email@example.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Hanalei. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
The name Hanalei and and all related names, logos, product and service names, designs, and slogans are trademarks of Hanalei or its affiliates or licensors. You must not use such marks without the prior written permission of Hanalei. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
- Limited Licenses; Use Restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site in accordance with these Terms and Conditions. You understand and agree that you will not do or attempt to do or cause any third party to use the Site:
- In any way that violates any applicable local, state, national, and international laws, rules and regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- To impersonate or attempt to impersonate Hanalei, a company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing) or falsely state or otherwise misrepresent your affiliation with any person or entity;
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability;
- Frame or utilize framing techniques to enclose the Site or any portion thereof;
- Make any use of the Site or any content other than for personal use;
- “Stalk” or otherwise harass including advocating harassment of another, entrap, or harm any third party including harming minors in any way;
- Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam;”
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- Modify, reverse engineer, create any derivative works based upon the Site or use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Site or that that imposes or may impose (as determined by Hanalei in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Use any meta tags, “hidden text,” robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- Use or access the Site in any jurisdiction in which doing so would be unlawful; or
- Otherwise attempt to interfere with the proper working of the Website;
You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or coupon) in exchange for posting content on our Site, then you must disclose this in your posting. All disclosures must be made clearly and conspicuously.
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any or all of our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, defamatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (a) determine whether a violation of these Terms and Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. Any unauthorized use by you of the Site or any or all of our content automatically terminates the limited licenses set forth in this Section 8 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
- Your Obligations and Responsibilities; Threatening and Abusive Actions
Your Obligations and Responsibilities. By accessing or using the Site, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any content that may appear on the Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners, or licensors.
Threatening and Abusive Actions by Users. We do not tolerate abuse of our Site and services
provided on our Site. You do not have permission to add other users to your mailing list (email or postal), call, or send him/her text or electronic messages for commercial purposes, even if this user initially approached you through posting on our Site or other social media platforms used by us, unless the user has given his/her explicit consent. Sending unwanted or threatening email, text messages or postings is against our Terms and Conditions.
- Your Account
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, you must notify us immediately. You are responsible for providing and maintaining current, complete, accurate, and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username or password, or because you fail to maintain sufficient security over your account, username or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time. We reserve the right to refuse service or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
- Special Features, Functionality and Events
- User Content
The Site may contain user generated reviews, social media interactivity and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”). When you post on the Site in any manner (including, but not limited to, through the “Contact Us” form, you are entirely responsible for such User Content, which are transmitted at your own risk. You understand that User Content will be considered non-confidential and non-proprietary. You hereby grant to us, and our affiliates, third party partners and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing, and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content and have the right to grant the license granted above to us and our affiliates, third party partners, and service providers, and each of their and our respective licensees, successors, and assigns. You agree not to engage in or assist or encourage others to post User Content that:
- Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Contains any material that is mostly irrelevant, seeking mischief or appears to emanate from an unsound mind;
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions;
- Is likely to deceive any person or is likely invasive of a person’s privacy;
- Involves or includes any form of software virus, bot, automated action or communication, political campaigning, advertising, commercial solicitation, promotional activity, chain letter, mass mailing, or any form of “spam” or unsolicited commercial electronic message.
- Includes any type of communication that would not be appropriate for any visitors to our Site that are under the age of 18.
- Promotes any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonates any person, or misrepresents your identity or affiliation with any person or organization, or otherwise mislead as to the origin of content, claim or otherwise;
- Is submitted for compensation or other consideration from any third party;
- Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; or
- Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Hanalei, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Notwithstanding anything to the contrary, Hanalei reserves the right, but not the obligation, at our sole discretion, to delete, edit, condense, modify or remove any User Contributions posted, including without limitation, any User Contributions that in breach of our User Contribution guidelines set forth above or is deemed excessively wordy.
Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us—including but not limited to any alleged or actual infringements of any proprietary rights, rights of privacy and publicity (including without limitation image, likeness, voice, etc.), moral rights, and rights of attribution—in connection with User Content.
- Monitoring and Enforcement; Termination
You acknowledge that we have the right (but not the obligation) in our sole discretion to:
- Refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content;
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and
- Remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and the right to terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES AND AGENTS (collectively, our “Representatives”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ITS REPRESENTATIVES, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Deletion of User Content
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
If you wish to delete certain of your public User Content, such as your ratings, reviews, and postings, on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 20 business days to process your deletion request.
- Copyright Infringement Notices
We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use of privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice for claims of copyright infringement is Seth M. Reiss, AAL, ALLLC, 3770 Lurline Drive, Honolulu, HI 96816.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HANALEI THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY USING THE “CONTACT US” FORM ON THE SITE.
- Changes to Site
Hanalei may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, product, service, or content. We may also impose limits on certain features, products and services or restrict your access to parts of the Site without notice or liability.
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
- Third Party Sites
You should carefully review the privacy policies and terms and conditions of the third party websites you visit.
We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us of the referenced content or product. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Similarly, if you post information on a third party platform that references the Site (i.e. by using a hashtag associate with the Company in a tweet), your post may be published on our Site in accordance with the terms of the third party website or service. Also, both the company and the third party may have access to certain information about you and your use of the Site and the third party site or service.
- Online Purchase and Other Terms and Condition
All purchases through our site are governed by our Terms of Sale located at https://www.hanaleicompany.com/pages/shipping-terms.
- Disclaimer of Warranties
THE COMPANY IS PROVIDING THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ON AN “AS IS” AND AS AVAILABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITEOR THROUGH LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN ADDITION, NEITHER THE COMPANY NOR ANY OF REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, HARMFUL CODE, DOS ATTACKS, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT (G) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH OUR SITE (H) EVENTS BEYOND OUR REASONABLE CONTROL. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY PRODUCT OBTAINED THROUGH THE SITE OR THROUGH THIRD PARTY MEANS, INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO A PRODUCT CAUSED BY THIRD PARTIES OR THROUGH A TRAVEL MEDIUM.
FURTHER, WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
UNLESS OTHERWISE SPECIFIED BY THE LAWS IN THE APPLICABLE JURISDICTION, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify, and hold harmless us, and our Representatives (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Site or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
- Customer Disputes, Consent to Arbitration, Class Action Waiver, and Jury Waiver
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1(888) 639-8807 or through our “Contact Us” page. If, after having contacted our customer service department you continue to be dissatisfied the resolution of your complaint, you agree to notify the Hanalei in writing with a brief, written description of the dispute and your contact information, and we will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction. If the parties are unable to resolve the dispute through good faith negotiations over such thirty (30) day period under this informal process, the parties mutually agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions, including for the breach, termination, enforcement, interpretation or validity thereof, or to the content and services available on the Site or use of the Site (collectively, “Disputes”) shall be exclusively resolved by binding arbitration solely between you and Hanalei pursuant to the Arbitration Agreement set forth below where, subject to certain limitations set forth in the Arbitration Agreement, each party is agreeing to submit to the jurisdiction and venue of any state or federal court in Honolulu County, Hawaii, except that each party retains the right to seek relief in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND HANALEI TO AGREE TO RESOLVE DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of Arbitration Agreement. You and Hanalei agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms and Conditions or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Hanalei are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms and Conditions, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms and Conditions. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. If you choose to arbitrate with Hanalei, you will not have to pay any fees to do so. That is because Hanalei will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility.
Authority of the Arbitrator. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hanalei.
Waiver of Jury Trial. YOU AND HANALEI WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Hanalei are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Hanalei over whether to vacate or enforce an arbitration award, YOU AND HANALEI WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved exclusively in the United States District Court for the District of Hawaii. You and Hanalei consent to the personal jurisdiction of both courts.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Hanalei can force the other to arbitrate. To opt out, you must notify Hanalei in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address and the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Hanalei, ATTN: Arbitration Opt-out, 3615 Harding Ave #409, Honolulu, HI 96816, or email the opt-out notice to firstname.lastname@example.org.
Small Claims Court. Notwithstanding the foregoing, either you or Hanalei may bring an individual action in small claims court for disputes in amounts less than the statutory maximum for small claims court.
Submission of Jurisdiction and Venue. Notwithstanding anything to the contrary, without barring any rights that a party may have as a resident of any other state (including without limitation, the State of New Jersey) to make a claim before any state agency or other venue as a matter of relevant state consumer protection statute or small claims court, each party agrees to submit to the jurisdiction and venue of any state or federal court located in the County of Honolulu, Hawaii.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Hanalei.
Changes. If Hanalei changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (see Section 21) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are still bound to arbitrate any Dispute between you and Hanalei in accordance with the provisions of this “Customer Disputes, Arbitration, Class Action Waiver, and Jury Waiver” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
- International Shipping
We make no representation that materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Site and wish to ship products outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Site from any territory where its contents are illegal, and that you, and not Hanalei are responsible for compliance with applicable local laws.
International orders may be subject to import taxes, customs duties and fees levied by your country’s customs department upon arrival. When ordering from HanaleiCompany.com, the recipient of the shipment is the importer of record and is responsible for any of these import fees, as well as complying with all laws and regulations of the destination country. Hanalei does not collect duties and taxes, and we cannot predict what your particular charges may be. Customs policies vary widely from country to country, so please contact the customs office in the jurisdiction in which goods will be received for more information.
- Fraud Protection
As part of our order processing procedures, we may monitor orders for fraud or other types of unauthorized or illegal activity. Hanalei reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity.
- Consent to Receive Notices Electronically by Posting on the Site and Via Email
- Modification of Terms
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. However, any changes to the dispute resolution provisions set out in Section 22 (Dispute Resolution) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. Except as provided in Section 22, these Terms and Conditions shall be governed by the laws of the State of Hawaii without regard to choice of law principles. This choice of law provision is only intended to specify the use of Hawaiian law to interpret these Terms and Conditions and is not intended to create any substantive right to a non-Hawaiian’s ability to assert claims under Hawaiian law whether by statute, common law, or otherwise.
The provisions of these Terms and Conditions are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Waiver of Class or Consolidated Actions” paragraph in Section 22, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable; or (2) if such provisions cannot be so modified or restricted, they shall be excised from the Terms and Conditions without affecting the validity, legality or enforceability of any of the remaining provisions.
Nothing contained in these Terms and Conditions shall be construed as creating any employment, agency, partnership, franchise, joint venture, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- Product Availability
The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on a variety of factors, including timing.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service, and to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
- Additional Features, Contests and Promotions and Additional Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference.
The Site’s contests or promotions may offer prizes or that require you to submit material or information about yourself. Each contest or promotion may have additional rules, terms, and conditions, which you must read and agree to before you may enter.
You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Written notice may be sent via first-class mail to 3615 Harding Avenue #409, Honolulu, HI 96816 or via e-mail to email@example.com. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site, or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.
- Void Where Prohibited
We administer and operate this Site from its location in Hawaii; other Hanalei sites may be administered and operated from various locations outside the United States. We do not imply that the materials published on the Site are appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
- New Jersey Consumers
If you are a consumer residing in New Jersey, the following provisions of this Terms and Conditions do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 20 above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in Section 20 above, the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 20 above, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) subject to and only limited to the extent of limitations and prohibitions imposed by applicable statutory and case law in the State of New Jersey to Hawaiian limited liability companies under an agreement intended to be governed by Hawaiian law and transacting with New Jersey consumers, in Section 21 above, the requirement that you indemnify Hanalei and its Representatives (for example, to the extent the scope of such indemnity is prohibited or limited under New Jersey law); (e) in Section 22, above, the submission to the jurisdiction and venue of any state or federal court in Honolulu County, Hawaii, to the extent deemed unenforceable under New Jersey law, and (f) in Section 27 above, the Hawaii governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
- Your Comments and Concerns
This website is operated by Hanalei Beauty Company LLC, 3615 Harding Avenue #409, Honolulu, HI 96816 USA.
All notices of copyright infringement claims should be sent to the copyright agent designated in Section 15 of these Terms and Conditions in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: firstname.lastname@example.org