TERMS & CONDITIONS


TERMS & CONDITIONS 

RETURNS

30 DAY RETURN POLICY

IF YOU ARE NOT SATISFIED WITH YOUR ONLINE PURCHASE YOU MAY RETURN ITEM WITHIN 30 DAYS.

TO QUALIFY FOR A MERCHANDISE REFUND OR EXCHANGE, ITEMS MUST BE RETURNED IN ORIGINAL, UNUSED CONDITION WITH ORIGINAL TAGGING WHEN APPLICABLE. 

HA TOA COVERS ALL FACTORY DEFECTS IF ITEM IF UNUSED. 

 

PRIVACY POLICY

 

OUR COMMITMENT TO YOUR PRIVACY

 

HA TOA RESPECTS YOUR PRIVACY. WE ARE PARTICULARLY SENSITIVE TO PRIVACY ISSUES ON THE INTERNET AND THEREFORE WE PROVIDE THIS PRIVACY POLICY SO YOU KNOW ABOUT OUR ONLINE INFORMATION PRACTICES AND UNDERSTAND HOW WE TREAT THE INFORMATION WE RECEIVE ABOUT YOU FROM THE INTERNET.

 

THE INFORMATION WE COLLECT

 

IN GENERAL, YOU CAN BROWSE OUR WEBSITE WITHOUT TELLING US WHO YOU ARE OR REVEALING ANY PERSONAL INFORMATION ABOUT YOURSELF. WE ARE, HOWEVER, ABLE TO DETERMINE YOUR IP ADDRESS. WE USE YOUR IP ADDRESS TO HELP DIAGNOSE PROBLEMS WITH OUR SERVER, TO ADMINISTER OUR WEBSITE, TO MEASURE THE USE OF OUR WEBSITE AND TO IMPROVE THE CONTENT OF OUR WEBSITE. IN SHORT WE USE YOUR IP TO GATHER AGGREGATE DEMOGRAPHIC INFORMATION. THERE ARE A FEW PLACES WHERE WE GIVE YOU AN OPPORTUNITY TO PROVIDE US YOUR PERSONAL INFORMATION. THIS REFERS TO INFORMATION THAT LETS US KNOW THE SPECIFICS OF WHO YOU ARE. WHEN YOU ENGAGE IN CERTAIN ACTIVITIES ON OUR WEBSITE, SUCH AS ORDERING A PRODUCT, ENTERING A CONTEST OR SWEEPSTAKES, FILLING OUT A SURVEY, SENDING US FEEDBACK, WE MAY ASK YOU TO PROVIDE CERTAIN INFORMATION. IF YOU CHOOSE TO SHARE ANY PERSONAL INFORMATION WITH US, YOU WILL SEE THAT THE AMOUNT AND TYPE OF PERSONAL INFORMATION WE REQUEST DEPEND ON HOW YOU USE OUR WEBSITE. IT IS COMPLETELY OPTIONAL FOR YOU TO ENGAGE IN THESE ACTIVITIES. IF YOU ELECT TO ENGAGE IN THESE ACTIVITIES, HOWEVER, WE MAY ASK THAT YOU PROVIDE US PERSONAL INFORMATION, SUCH AS YOUR FIRST AND LAST NAME, MAILING ADDRESS (INCLUDING ZIP CODE), EMAIL ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND OTHER PERSONAL IDENTIFYING INFORMATION. WHEN ORDERING PRODUCTS ON OUR WEBSITE, YOU MAY BE ASKED TO PROVIDE A CREDIT CARD NUMBER. DEPENDING UPON THE ACTIVITY, SOME OF THE INFORMATION WE ASK YOU TO PROVIDE IS IDENTIFIED AS MANDATORY AND SOME AS VOLUNTARY. IF YOU DO NOT PROVIDE THE MANDATORY DATA WITH RESPECT TO A PARTICULAR ACTIVITY, YOU WILL NOT BE ABLE TO ENGAGE IN THAT ACTIVITY.

 

THE WAY WE USE INFORMATION

 

WE MAY USE YOUR PERSONAL INFORMATION FOR PARTICULAR PURPOSES SUCH AS PROCESSING YOUR ORDER OR FOR MARKETING RESEARCH AND OTHER MARKETING PURPOSES AND FOR PROVIDING YOU WITH THE LATEST PRODUCT AND PROMOTIONAL INFORMATION AND OTHER INFORMATION THAT MIGHT BE USEFUL TO YOU. WE MAY USE YOUR PERSONAL INFORMATION TO DELIVER INFORMATION TO YOU AND TO CONTACT YOU REGARDING ADMINISTRATIVE NOTICES. WE MAY SHARE THIS INFORMATION WITH HA TOA AFFILIATES, DEALERS OR OTHER BUSINESS PARTNERS TO SUPPORT YOUR CUSTOMER RELATIONSHIP WITH THE COMPANY. WE MUST RELEASE YOUR CREDIT CARD INFORMATION TO THE CARD-ISSUING BANK TO CONFIRM PAYMENT FOR PRODUCTS PURCHASED ON OUR WEBSITE; RELEASE YOUR ADDRESS INFORMATION TO THE DELIVERY SERVICE TO DELIVER PRODUCTS THAT YOU ORDERED; AND PROVIDE ORDER INFORMATION TO THIRD PARTIES THAT HELP US PROVIDE CUSTOMER SERVICE. WE WILL NOT GIVE OR SELL THIS INFORMATION TO ANY OTHER COMPANY FOR ITS USE IN MARKETING OR SOLICITATION.

 

UPDATING AND CORRECTING YOUR PERSONAL INFORMATION

 

YOU MAY ACCESS AND CORRECT YOUR PERSONAL INFORMATION BY SELECTING THE "MY ACCOUNT" LINK AND EDITING THE DESIRE CHANGES.

WE MAY, FROM TIME TO TIME, SEND YOU MAILINGS REGARDING OUR PRODUCTS AND SERVICES. WE WILL SEND YOU THESE MAILINGS ONLY IF YOU INDICATED THAT YOU DO NOT OBJECT TO THESE OFFERS. IF YOU DO NOT WISH TO RECEIVE FURTHER INFORMATION FROM HA TOA YOU CAN SEND US AN E-MAIL AT STORE@HATOA.COM AND TELL US THAT YOU DO NOT WANT TO RECEIVE FUTURE COMMUNICATIONS. YOU MAY ASK TO HAVE THE INFORMATION ON YOUR ACCOUNT DELETED OR REMOVED, HOWEVER, BECAUSE WE KEEP TRACK OF PAST TRANSACTIONS, YOU CANNOT DELETE INFORMATION ASSOCIATED WITH PAST TRANSACTIONS ON OUR WEBSITE. IN ADDITION, IT MAY BE IMPOSSIBLE TO COMPLETELY DELETE YOUR INFORMATION WITHOUT SOME RESIDUAL INFORMATION BECAUSE OF BACKUPS.

WE WILL ENCOURAGE OUR SERVICE PARTNERS TO ADOPT AND POST PRIVACY POLICIES. HOWEVER, THE USE OF YOUR PERSONAL INFORMATION BY OUR SERVICE PARTNERS IS GOVERNED BY THE PRIVACY POLICIES OF THOSE SERVICE PARTNERS, AND IS NOT SUBJECT TO OUR CONTROL. THE HA TOA WEBSITE CONTAINS LINKS TO OTHER NON-HATOA WEBSITES. HA TOA IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH WEBSITES AND YOU SHOULD EXERCISE YOUR BEST JUDGMENT WHEN SHARING PERSONAL INFORMATION ON THESE WEBSITES.

 

OUR COMMITMENT TO SECURITY OF YOUR PERSONAL INFORMATION

 

WE WANT YOU TO HAVE CONTINUING TRUST IN HA TOA AND IN OUR PRODUCTS AND SERVICES AND, SO, WE HAVE PUT IN PLACE REASONABLE PHYSICAL, ELECTRONIC AND MANAGERIAL PROCEDURES TO SAFEGUARD AND SECURE YOUR PERSONAL INFORMATION

IN ORDER TO MOST EFFICIENTLY SERVE YOU, CREDIT CARD TRANSACTIONS AND ORDER FULFILLMENT ARE HANDLED BY ESTABLISHED THIRD PARTY BANKING, PROCESSING AGENTS AND DISTRIBUTION INSTITUTIONS. THEY RECEIVE THE INFORMATION NEEDED TO VERIFY AND AUTHORIZE YOUR CREDIT CARD OR OTHER PAYMENT INFORMATION AND TO PROCESS AND SHIP YOUR ORDER.

UNFORTUNATELY, NO DATA TRANSMISSION OVER THE INTERNET OR ANY WIRELESS NETWORK CAN BE GUARANTEED TO BE 100% SECURE. AS A RESULT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION,

YOU ACKNOWLEDGE THAT:

(A) THERE ARE SECURITY AND PRIVACY LIMITATIONS OF THE INTERNET WHICH ARE BEYOND OUR CONTROL;

(B) THE SECURITY, INTEGRITY AND PRIVACY OF ANY AND ALL INFORMATION AND DATA EXCHANGED BETWEEN YOU AND US THROUGH OUR WEBSITE CANNOT BE GUARANTEED; AND

(C) ANY SUCH INFORMATION AND DATA MAY BE VIEWED OR TAMPERED WITH IN TRANSIT BY A THIRD PARTY.

 

CHILDREN'S PRIVACY POLICY

 

THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT ('COPPA') REQUIRES THAT WE INFORM PARENTS AND LEGAL GUARDIANS ABOUT HOW WE COLLECT, USE, AND DISCLOSE PERSONAL INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE, AND THAT WE OBTAIN THE CONSENT OF PARENTS AND GUARDIANS IN ORDER FOR CHILDREN UNDER 13 YEARS OF AGE TO USE CERTAIN FEATURES OF OUR WEBSITES.

 

HA TOA DOES NOT KNOWINGLY COLLECT ANY INFORMATION FROM CHILDREN UNDER THE AGE OF 13.

 

WE MAY AMEND OUR CHILDREN'S PRIVACY POLICY AT ANY TIME. WE WILL PROVIDE PARENTS NOTICE BY EMAIL OR POSTING ON OUR WEBSITE OF ANY MATERIAL CHANGES IN THE WAY WE INTEND TO COLLECT, USE, AND/OR SHARE A CHILD'S PERSONAL INFORMATION. WE WILL APPLY MATERIAL CHANGES IN OUR CHILDREN'S PRIVACY POLICY ONLY IN CONFORMANCE WITH APPLICABLE LAW, INCLUDING ANY APPLICABLE PROVISIONS OF COPPA THAT REQUIRE PARENTAL CONSENT.

BY USING THIS WEBSITE YOU ARE AGREEING TO THE TERMS OF THE HA TOA PRIVACY POLICY. WE RESERVE THE RIGHT TO MODIFY OUR PRIVACY POLICY AS BUSINESS NEEDS REQUIRE. WE WILL POST SUCH CHANGES ON OUR WEBSITE.

 

TERMS OF USE

 

PLEASE READ CAREFULLY BEFORE USING THIS SITE.

 

BY USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME, SO PLEASE CHECK BACK PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE AFTER CHANGES TO THESE TERMS (INCLUDING THE PRIVACY POLICY) WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

 

PRIVACY POLICY

 

YOUR PRIVACY IS IMPORTANT TO US AND WE WANT TO MAKE SURE IT IS PROTECTED. PLEASE TAKE A MOMENT TO REVIEW OUR PRIVACY POLICY.

 

USE OF MATERIALS; RESTRICTIONS

 

THIS WEBSITE AND ALL MATERIALS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMAGES, ILLUSTRATIONS, ARTICLES, POSTINGS (THE 'MATERIALS') ARE THE PROPERTY HA TOA AND ITS AFFILIATES AND ARE PROTECTED FROM UNAUTHORIZED COPYING AND DISSEMINATION BY COPYRIGHTS THAT ARE OWNED OR LICENSED BY HA TOA AND BY COPYRIGHT LAW, TRADEMARK LAW, INTERNATIONAL CONVENTIONS AND OTHER INTELLECTUAL PROPERTY LAWS. YOU MAY NOT REPRODUCE, PERFORM, CREATE DERIVATIVE WORKS FROM, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE IN ANY WAY WHATSOEVER ANY MATERIALS FROM HTTP://WWW.HATOA.COM, OUR FORUMS, OR ANY OTHER SITE OWNED OR OPERATED BY HA TOA WITHOUT THE PRIOR WRITTEN PERMISSION OF HA TOA. HOWEVER, YOU MAY DOWNLOAD OR MAKE ONE COPY OF THE MATERIALS AND OTHER DOWNLOADABLE ITEMS DISPLAYED ON THE WEBSITE, PROVIDED THAT THE SAME ARE NOT USED FOR ANY COMMERCIAL PURPOSE, DISTRIBUTED TO THIRD PARTIES OR OFFERED FOR SALE TO THIRD PARTIES, AND FURTHER PROVIDED THAT ALL COPYRIGHT AND OTHER NOTICES CONTAINED IN THE MATERIALS ARE LEFT INTACT. ANY MODIFICATION OF THE MATERIALS, OR ANY PORTION THEREOF, OR USE OF THE MATERIALS FOR ANY OTHER PURPOSE CONSTITUTES AN INFRINGEMENT OF HA TOA COPYRIGHTS AND OTHER PROPRIETARY RIGHTS. USE OF THESE MATERIALS ON ANY OTHER WEBSITE OR OTHER NETWORKED COMPUTER ENVIRONMENT IS PROHIBITED WITHOUT PRIOR WRITTEN PERMISSION FROM HA TOA.

NOTHING CONTAINED ON THIS WEBSITE SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE THIS WEBSITE OR ANY INFORMATION DISPLAYED ON THIS WEBSITE, THROUGH THE USE OF FRAMING OR OTHERWISE, EXCEPT: (A) AS EXPRESSLY PERMITTED BY THESE TERMS OF USE; OR (B) WITH THE PRIOR WRITTEN PERMISSION OF HA TOA OR SUCH THIRD PARTY THAT MAY OWN THE TRADEMARK OR COPYRIGHT OF INFORMATION DISPLAYED ON THIS WEBSITE.

 

TRADEMARKS

 

HA TOA AND ITS RELATED NAMES AND LOGOS ARE ALL TRADEMARKS AND/OR TRADE NAMES OWNED OR LICENSED BY HA TOA AND ARE PROTECTED BY LAW. OTHER TRADEMARKS AND/OR TRADE NAMES NOT SPECIFICALLY LISTED HERE, BUT WHICH ARE ASSOCIATED WITH HA TOA, ARE PROTECTED BY LAW AS WELL. ALL TRADEMARKS, COPYRIGHTS, LOGOS, AND SYMBOLS CONSTITUTE THE INTELLECTUAL PROPERTY OF HA TOA OR ITS AFFILIATED COMPANIES AND ARE PROTECTED BY FEDERAL AND STATE LAW AND MAY NOT BE COPIED OR IMITATED IN WHOLE OR IN PART. ANY UNAUTHORIZED USE OF THESE TRADEMARKS AND TRADE NAMES IS STRICTLY PROHIBITED. HA TOA WILL TAKE ALL NECESSARY LEGAL ACTION AVAILABLE TO IT AT LAW OR IN EQUITY IN ORDER TO ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS.

 

THIRD PARTY PRODUCTS AND SERVICES

 

HA TOA IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO OR FROM THIS WEBSITE, NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES WHOSE ICONS, PRODUCTS, SERVICES OR HYPERLINKS APPEAR ON THE WEBSITE. THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND YOU ACCESS THEM AT YOUR OWN RISK. ANY OTHER SITE ACCESSED FROM THIS WEBSITE IS INDEPENDENT FROM HA TOA, AND HA TOA HAS NO CONTROL OVER THE CONTENT OF THAT OTHER SITE. IN ADDITION, A LINK TO ANY OTHER SITE SHOULD NOT BE CONSTRUED AS APPROVAL OR ENDORSEMENT BY HA TOA OF THAT THIRD PARTY OR OF ANY PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY.

YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD PARTIES FOUND ON OR THROUGH THIS WEBSITE, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTIES. WE WILL NOT BE INVOLVED IN RESOLVING ANY DISPUTES RELATING TO OR ARISING OUT OF ANY CORRESPONDENCE OR BUSINESS TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTIES.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THIS WEBSITE AND ALL HA TOA THEREOF ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HA TOA DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. HA TOA DOES NOT WARRANT THAT THE SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. HA TOA MAKES NO WARRANTIES THAT THE INFORMATION, PRODUCTS AND SERVICES PRESENTED ON THE SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL HA TOA BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RELATING TO YOUR USE OF THIS WEBSITE, ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE SITE.

 

WORLD-WIDE APPLICABILITIES AND LAWS

 

THIS WEBSITE IS PRESENTED BY HA TOA FROM WITHIN THE UNITED STATES, AND HA TOA MAKES NO REPRESENTATION THAT MATERIALS IN THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES. IN ADDITION, YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY AND ALL LOCAL LAWS IN YOUR JURISDICTION THAT MAY IMPACT YOUR RIGHT TO USE THE WEBSITE.

 

JURISDICTION AND VENUE

 

YOU AGREE THAT ANY LEGAL ACTION BROUGHT AGAINST HA TOA SHALL BE GOVERNED BY THE LAWS OF THE STATE OF HAWAII WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. YOU AGREE THAT THE SOLE JURISDICTION AND VENUE FOR ANY LITIGATION ARISING FROM YOUR USE OF OR ORDERS MADE ON THE HA TOA SITES SHALL BE AN APPROPRIATE FEDERAL OR STATE COURT LOCATED IN HILO COUNTY OF HAWAII.

 

GIFT CARD TERMS AND CONDITIONS

 

PURCHASE OF GIFT CARDS

 

GIFT CARDS MAY BE PURCHASED IN DOLLAR DENOMINATIONS FROM $15.00 TO $500.00. GIFT CARDS AND GIFT CARD BALANCES MAY NOT BE USED TO PURCHASE ADDITIONAL GIFT CARDS. GIFT CARDS USUALLY ARRIVE WITHIN 24 BUSINESS HOURS FROM TIME OF PURCHASE. COUPONS AND OTHER PROMOTIONS MAY NOT BE USED TO PURCHASE GIFT CARDS. PURCHASES OF GIFT CARDS ARE NON-REFUNDABLE AND GIFT CARDS CANNOT BE EXCHANGED FOR CASH, EXCEPT AS REQUIRED BY LAW. NO TAXES ARE CHARGED ON THE PURCHASE OF GIFT CARDS, HOWEVER, APPLICABLE TAXES ARE CHARGED WHEN GIFT CARDS ARE REDEEMED TOWARD PURCHASES.

 

REDEMPTION

 

GIFT CARDS MAY ONLY BE USED TOWARD PURCHASES MADE ONLINE ON THE MERCHANT WEBSITE. PURCHASES ARE DEDUCTED FROM THE GIFT CARD BALANCE. ANY UNUSED BALANCE WILL REMAIN WITH THE GIFT CARD ACCOUNT. IF AN ORDER EXCEEDS THE AVAILABLE BALANCE OF THE GIFT CARD, THE BALANCE MUST BE PAID BY CREDIT CARD. MERCHANT MAY PROVIDE GIFT CARD PURCHASERS WITH INFORMATION ABOUT THE REDEMPTION STATUS OF GIFT CARDS THAT THEY PURCHASE. GIFT CARD BALANCES MAY BE VIEWED ONLINE ON MERCHANT WEBSITE, OR BY CONTACTING MERCHANT CUSTOMER SERVICE STAFF. GIFT CARDS CANNOT BE REDEEMED FOR CASH EXCEPT TO THE EXTENT REQUIRED BY LAW.

 

RISK OF LOSS

 

MERCHANT IS NOT RESPONSIBLE FOR GIFT CARDS OR GIFT CARD BALANCES LOST, STOLEN, DESTROYED OR USED WITHOUT PURCHASER'S PERMISSION. RISK OF LOSS PASSES TO GIFT CARD PURCHASER UPON ELECTRONIC TRANSMISSION OF THE GIFT CARD TO THE DESIGNATED RECIPIENT.

 

FRAUD

 

MERCHANT RESERVES RIGHT TO CANCEL ISSUED GIFT CARDS, CLOSE USER ACCOUNTS, AND / OR REQUEST ALTERNATIVE FORMS OF PAYMENT IF A FRAUDULENTLY OBTAINED GIFT CARD IS REDEEMED OR USED TO MAKE PURCHASES ON MERCHANT WEBSITE.

 

LIMITATION OF LIABILITY

 

MERCHANT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

ACCEPTANCE OF TERMS AND CONDITIONS

 

YOUR CHECKING "I AGREE" CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.