Terms of Service
1. Acceptance of Terms
This website is operated by Aloha Creations of O'ahu LLC. Throughout the site, the terms “we”, “us” and “our” refer to Aloha Creations of O'ahu LLC. Aloha Creations of O'ahu LLC offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing or using our website, you agree to these Terms of Service. If you do not agree with any part of these terms, you may not access the website or use any services. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
3. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. The content you submit may be transmitted unencrypted and may involve transmissions over various networks.
4. Accuracy of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. Modifications to Service
We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. Products or Services
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. 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. We reserve the right to limit the quantities of any products or Services that we offer. 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.
7. Billing and Account Information
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. We reserve the right to refuse any order you place with us.
8. Custom Orders
Custom orders are sold as is, tailored to your needs. They are non-refundable. We will provide mockups and ensure your input is incorporated every step of the way before production begins. For more details, please review our Refund Policy.
9. Third-Party Links
Certain content, products, and services available through our service may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy and do not warrant any third-party materials or websites.
10. User Comments and Submissions
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. We reserve the right to monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.
11. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
12. Errors and Omissions
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice.
13. Prohibited Uses
You agree not to misuse our services for any unlawful, harmful, or prohibited purpose. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
14. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Aloha Creations of O'ahu LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors 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 savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless Aloha Creations of O'ahu LLC, and it's brand doing business as O'ahu Surf Company, and their parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service.
16. Severability
In the event that any provision of these terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms.
17. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
18. Entire Agreement
These terms constitute the entire agreement between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
19. Governing Law
These terms are governed by the laws of the State of Hawaii.
20. Intellectual Property Rights
All content provided on our website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Aloha Creations of O'ahu LLC, doing business as O'ahu Surf Company, or its content suppliers, and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Aloha Creations of O'ahu LLC with copyright authorship for this collection by Aloha Creations of O'ahu LLC, and protected by international copyright laws.
21. Dispute Resolution
Any dispute relating in any way to your visit to Aloha Creations of O'ahu LLC or it's brand O'ahu Surf Company or to products you purchase through Aloha Creations of O'ahu LLC or O'ahu Surf Company shall be submitted to confidential arbitration in Honolulu, HI, except that, to the extent you have in any manner violated or threatened to violate Aloha Creations of O'ahu LLC's intellectual property rights, Aloha Creations of O'ahu LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Hawaii, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
22. Limitation of Liability
In no case shall Aloha Creations of O'ahu LLC or it's brand O'ahu Surf Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
23. Data Security
Your submission of personal information through the website is governed by our Privacy Policy. For details, please review our Privacy Policy.
24. Cancellation and Refund Policies
Cancellation of orders and refunds are outlined in our Refund Policy. Please review this policy before making any purchase.
25. User Conduct
You agree not to use the service for any unlawful or prohibited purpose, including, without limitation, any purpose related to the promotion of illegal activities. Additionally, you agree not to:
26. Contact Information
Questions about these terms should be sent to us at alohacreationsofoahu@yahoo.com.
This Terms of Service was last updated on 04/22/2024.
Copyright © 2023 Aloha Creations of Oahu - All Rights Reserved.
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