GENERAL
This website (the “Website”) is controlled, operated and administered by MAHALO (“We” or “Us”). Your access to and use of the Website is subject to the following terms of use (these “Terms of Use”) and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Website, you accept and agree to be bound by these Terms of Use, which are conditions of permission to access the Website. If you do not agree to these Terms of Use, you may not have access to the Website.
If you are younger than 18 years of age, you are forbidden from becoming a member of the Website or posting information on the Website.
The form and nature of the services, content and all information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed, altered or modified at any time without prior notice. MAHALO will make such changes by posting them on the Terms of Use page of the Website. You should check this page periodically for such changes. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms of Use. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, content, feature or product offered through the Website.
COPYRIGHT
All of the Website design, text, graphics, logos, button icons, images, audio clips, and the selection and arrangement thereof, is Copyright (c) 2014 MAHALO, ALL RIGHTS RESERVED unless otherwise indicated. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of MAHALO and is protected by U.S. and international copyright laws. All software used on this site is the property of MAHALO or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Website for the sole purpose of placing an order with MAHALO or using the Website as a shopping resource. Any other use of materials on the Website – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of MAHALO is strictly prohibited.
THIRD PARTY CONTENT
For the convenience of users of the Website, one or more links to other Internet websites independently operated by third parties including advertisers and other content providers may appear from time to time. Except as otherwise indicated, the Internet websites to which links are provided on the Website are not under the control of MAHALO and as such MAHALO does not assume any responsibility for the contents, accuracy, completeness, currency, privacy policies, or the information or data collection, use, or disclosure practices of any linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between the Website and any other Internet website is not and shall not be understood to be an endorsement by MAHALO. You agree that your use of third party websites and resources, including without limitation your use of any content, information, data, advertising, products or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
MEMBERSHIP; USER NAMES AND PASSWORDS
Any online membership available on the Website is designed for you and your family’s enjoyment. As a member, you may receive certain specialized content, as well as special offers from MAHALO. If you become a member, you represent that: (i) you are authorized to join Internet programs in which e-mail communications are used; and (ii) you are 18 years of age or older. In addition, with respect to such membership, MAHALO may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You further agree that you are responsible for all activities that occur under your account or password, and agree not to sell, transfer or assign your subscription or any associated rights. MAHALO reserves the right to terminate your membership if any individual other than you attempts to access the Website using your user name or password or if you (or anyone using your user name and password) otherwise breach these Terms of Use. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Website in violation of these Terms of Use. It is your sole responsibility to ensure that the e-mail address you initially provide is deliverable and, should your e-mail address change, it is your sole responsibility to return to the Website and update your e-mail address. Should your e-mail address become undeliverable, your membership may be suspended until such time as you provide a currently deliverable e-mail address. In such cases, no retroactive benefits will be provided for the period your membership was in a suspended state. If you wish at anytime to cancel your membership, please do so by sending a request through Contact Us. MAHALO may send you an email confirming your removal from Membership. No other methods of removal are approved or authorized.
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
MAHALO welcomes your comments and feedback regarding the Website, and MAHALO products and services. Any information, materials, suggestions, ideas or comments sent to oneloveorganics.com or MAHALO in any form will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting MAHALO an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Please note: MAHALO does not accept ideas, suggestions, or other submissions, whether pertaining to any content, the Website, any products or services of MAHALO or any of its affiliated entities, or any other matter, under any obligations of any kind, either expressed or implied. Accordingly, please do not submit to Us any ideas, suggestions, or other submissions that you wish to keep confidential or for which you expect to receive compensation.
MONITORING; REMOVAL OF SUBMISSIONS
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion, regarding submissions of information to Us in any form: (a) evaluate each submission before allowing it to be posted on the Website or any forum and/or alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any submission, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner.
ORDER ACCEPTANCE
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
FRAUD PROTECTION PROGRAM
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order 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 or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
SWEEPSTAKES, CONTESTS, AND SIMILAR PROMOTIONS
Any sweepstakes, contests, or similar promotions made available through the Website will be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest, or promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration and/or entry are valid. You agree to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which, in addition to these Terms of Use, governs any information you submit in connection with such activities.
DISCLAIMER
While MAHALO makes reasonable efforts to provide accurate content through the Website, MAHALO cannot guarantee its accuracy. All content, submissions and users at their own risk use content submitted or otherwise provided by third parties. The Website, including all services, content, submissions and third party content made available on or accessed through the website, is provided on an “AS IS” and “AS AVAILABLE” BASIS. MAHALO makes no representations or warranties of any kind whatsoever for the content, submissions or third party content on the website. Further, MAHALO disclaims all express or implied warranties, including, without limitation, non-infringement, title, merchantability, fitness for a particular purpose and any warranties arising our of course of dealing, usage or trade. MAHALO does not warrant that the functions contained in the Website or any content, submissions or third party content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. The foregoing applies to any information in any websites hyperlinked to the website. In no event will MAHALO or an affiliated entity be liable to you or any third party under any theory of tort, contract, strict liability or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether or not any party has been advised of the possibility of such damages. In particular, and without limitation, neither MAHALO nor any of its service providers will be liable for damages of any kind resulting from your use of or inability to use the Website or from any content, submissions or third party content posted on the Website by MAHALO or any third party. Your sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website. The maximum liability of MAHALO and any affiliated entities for all damages, losses and causes of action, whether in contract, tort, or otherwise shall be the total amount, if any, paid by you to MAHALO and/or any affiliated entity to access and use the website.
DISCLAIMER – INGREDIENT, NATURAL, PROCESSES, FAQS CONTENT
The statements made on the Website have not been evaluated by the U.S. Food and Drug Administration 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. MAHALO does not give or intend to give any answers to medical related questions and the Website is not intended for use as a medical resource. This site does not replace the need for services provided by medical professionals. We recommend speaking with your health care providers before changing your personal care regime. Only you and your health care professionals can decide what is safe and effective for you. The content contained in ingredients, natural processes and FAQS pages of this website for some of our personal care products may contain information about natural ingredients, natural processes and natural therapies, which are not regulated in the United States by the Food and Drug Administrations. Such information is intended as an educational aid only.
GOVERNING LAW; FORUM
The laws of the State of Hawaii shall govern these Terms of Use, without regard to its principles of conflicts of law. By using this site, you expressly consent to exclusive jurisdiction and venue in the courts located in the state of Hawaii, County of Kauai and waive any objection to such courts, including without limitation on the basis of jurisdiction, venue or inconvenience of forum.
Last updated 26, July 2014