In these terms and conditions, “We/us/our/[d/b/a]” means Ohana Skin, LLC. The “Website” means the website located at ohanaskin.com (or any subsequent URL which may replace it) and all associated websites and micro sites of Ohana Skin, LLC. “You/your” means you as a user of the Website.
ACCESS TO CONTENT
Any user who voluntarily signs up for more information or who purchases a product, service or program through the Website, is agreeing to both the terms of this Agreement and the accompanying Terms and Conditions of Purchase where applicable with respect to such product, service or program.
Visitors are those who visit the Website but do not register with us. No login or personal information is required of our Visitors, who can view all publicly available Website content.
INTELLECTUAL PROPERTY / RESTRICTIONS ON USE
The Website contains text, graphics, logos, images, coursework, software, video or audio files, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content includes the specific arrangement, or design, of all Content. The Company retains all right, title and interest, including all intellectual property rights, in and to the Content, except where the Company is using and/or hosting third-party content subject to a license governing such use. You must retain all copyright and other proprietary notices contained in the original Content. You agree not to duplicate, imitate, copy, reproduce, transmit, publish, display, distribute, sell, transfer, assign, license, sublicense, publicly perform, commercially exploit or create derivative works of any written material and content, nor to help or assist third parties in doing the same.
You are prohibited from posting any duplicated portion of the Content in either print or digital format, including on any other website, social media page, or in a networked computer environment unless you obtain prior written consent from The Company. If you desire to reference brief quotes or portions of the material in a favorable way, you may do so by appropriately providing credit and a link back to the Website or point of origin. Additionally, you may do so by emailing the Company at [email protected] and providing the Company with a link to the material that you have quoted or referenced elsewhere. You may similarly reference the Website by providing appropriate credit and a link back.
However, the above exceptions aside, the Content may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or disparages or discredits anyone.
You agree not to use the Website in a way that may cause interruption, or damage, or impact its efficiency or functionality. You agree not to attempt any unauthorized access to any page or portion of the Website. You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations.
In the event that you have any right, claim or action against any User arising out of that User’s use of the Website, you agree to pursue such right, claim or action independently of and without recourse to us.
SUBMISSIONS & USER-GENERATED CONTENT LICENSE
There may be portions of the Website that allow for the posting of reviews, comments, photographs or other content (“User-Generated Content”). You may submit such content via the Website so long as it is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Any content you submit will not be subject to any expectation of privacy, trust, or confidence between us and no confidential, fiduciary or other relationship is intended or created between you and us. You agree that we may use the Content that you submit for future advertising or other reasonable commercial purposes, subject to obtaining prior permission from you. This includes rights to use the name that you submit, along with any other name by which you are known, in connection with the User-Generated Content.
Each time that you access the Website or create or submit User-Generated Content, you agree to, ratify and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us.
CONTENT LINKED TO THE WEBSITE
You assume all of the risk, responsibilities and consequences resulting from your use of or access to third-party websites. You agree that we are not responsible for the content, availability of, or offerings on any third-party websites, and will not be liable, directly or indirectly for any damages, losses or claims related to your use, access of, or reliance on the content, goods or services available on other sites, including those of affiliates, joint-venture partners, or others to whom we might provide links from time to time.
CHANGES TO THE WEBSITE
We reserve the right to alter or remove, temporarily or permanently, the Website (or any part of it) without providing notice. You agree that we shall not be liable to you or any third party for any changes to or removal of the Website. We will not be liable to you, nor will you be entitled to compensation because you cannot use any part of the Website or because of a failure, suspension or removal of all or any portion of the Website.
You agree to fully indemnify, defend and hold us (including our agents, representatives, and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses, including, without limitation settlement costs and attorney’s fees or other expenses, incurred by us and arising out of, or in connection with or related to any breach of these terms and conditions, or any use by you of the Website or Services, or the use by any other person accessing the Website using your password, personal computer or other electronic device, or internet access account. You shall cooperate with us in the defense of any claim including provide us with assistance, without charge, in connection with any such defense, including, without limitation, providing us with information, documents, records, and reasonable access to you as we may request. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third party claim or waive any defense without our prior written consent.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK.
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS.” WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE.
THE WEBSITE AND ANY INFORMATION CONTAINED HEREIN ARE NOT SUBSTITUTES FOR PROFESSIONAL OR MEDICAL ADVICE OR TREATMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY OUTCOME OR ACTION FOLLOWING THE USE OR IMPLEMENTATION OF ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR SEEKING AND FOLLOWING THE ADVICE OF PROFESSIONALS FOR SPECIFIC CONCERNS, QUESTIONS OR SITUATIONS REQUIRING PROFESSIONAL OR MEDICAL ADVICE. YOU SHOULD NEVER DISREGARD THE ADVICE OF A PROFESSIONAL OR SPECIALIST, SUCH AS A LICENSED PHYSICIAN, PSYCHOLOGIST, OR OTHER HEALTH PROFESSIONAL OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU HEREBY RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS, KNOWN OR UNKNOWN, AND YOU AGREE TO VOLUNTARILY GIVE UP AND FOREVER WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE SUFFERED, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM YOUR USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS HEREIN; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL LIABILITY FOR ANY CAUSE, LOSS, OR DAMAGE WHATSOEVER THAT YOU MAY INCUR INCLUDING ATTORNEY FEES ANC COSTS, AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU FOR SERVICES OR INFORMATION CONTAINED ON THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER INCURRED OR SUFFERED BY YOU OR ANY THIRD PARTY RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, NATURAL DISASTERS, CIVIL DISORDER, ELECTRONIC OR TECHNICAL FAILURES, POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, OR LABOR OR MATERIAL SHORTAGES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. WE SHALL NOT BE RESPONSIBLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE DURING YOUR USE OF TRANSACTIONS THROUGH THE WEBSITE.
COMPLIANCE WITH APPLICABLE LAW
The Website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction
CLASS ACTION WAIVER
You agree that any legal claims or proceeding shall be limited to the Dispute between us and you, individually. You agree, where permitted by law, that (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT IN THE EVENT THAT ANY CLAIMS ARISE BETWEEN US AND YOU PURSUE THOSE CLAIMS, YOU WILL ONLY DO SO IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
When you visit our Website or send email correspondence, you are communicating electronically. Via your use of the Website, you consent to receive communications from us electronically. We will post notices or other important information on the Website and/or send it via email. You agree that any information, notices, agreements, disclosures, updates, terms & conditions and other communications that we provide electronically through our website or via email satisfy any legal requirement that such communications be in writing.
These Terms & Conditions and any other policies or documents referred to herein (as amended from time to time) constitute the entire Agreement between us relating to the Website and any matter covered and any and all prior agreements, understandings and representations, whether express or implied, written or oral, are hereby terminated and are of no further force and effect.
MISCELLANEOUS LEGAL PROVISIONS
No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, nor shall any waiver constitute a continuing waiver.
The subject headings in this Agreement are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions.