Terms of Service of Manu Kea Inc
Effective as of 25 May, 2022.
1. INTRODUCTION AND OVERVIEW
Welcome to Manu Kea Incorporated. This website is operated by Manu Kea Incorporated. Throughout the website and this document, the terms “we”, “us” and “our” refer to Manu Kea Incorporated. Manu Kea Incorporated offers this website, including all information, tools, interactive features, applications, downloads and services available from this website to “you”, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our website and/or purchasing products and/or services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and Store Policies referenced herein and/or available on the website. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These “Terms of Service” apply to this website (however accessed and/or used, whether via personal computers, mobile devices or otherwise (collectively a “computer”). The terms “you” and “your” refers to you, the person accessing this website and accepting the Terms of Service and associated Store Policies.
Please read these Terms of Service and applicable Store Policies carefully before accessing or using our website, as they affect your legal rights and obligations. By accessing or using any part of the website (other than to read these Terms), you agree to be bound by the Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service and/or website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this webpage. 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 webpage periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. COPYRIGHT
The entire content included in this website (inclusive of all versions/revisions), including but not limited to text, graphics, images, code and content is copyrighted as a collective work under the United States and other copyright laws, and is the property of Manu Kea Incorporated. The collective work includes works that are licensed to Manu Kea Incorporated. Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order with Manu Kea Incorporated or purchasing Manu Kea Incorporated products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Manu Kea Incorporated or to purchase Manu Kea Incorporated products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Manu Kea Incorporated. You further agree not to change or delete any proprietary notices from materials downloaded from the website. Copyright 2017-2022, Manu Kea Incorporated ALL RIGHTS RESERVED.
3. TRADEMARKS AND PATENTS
All Trademarks, Service Marks, Patents and Trade Names of Manu Kea Incorporated used in the website are trademarks, patents or registered marks of Manu Kea Incorporated. All other products, services and/or company names mentioned herein are trademarks of their respective owners. Failure of a mark to appear does not mean that Manu Kea Incorporated, or their respective owners, does not use the mark, nor does it mean that the product is not actively marketed or is not significant within its relevant market or is not protected by U.S. and international protection for Trademarks, Service Marks, Pending Patents, Issued Patents and Trade Names.
4. WEBSITE ACCESS AND ONLINE STORE TERMS
Access to the website including, without limitation, is provided for your information and personal, non-commercial use only. When using the website, you agree to comply with all applicable laws and the Store Privacy Policy. As with all Manu Kea Incorporated Policies, they are posted for viewing on the Policies website webpage.
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 website.
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 and/or intellectual property laws).
You may not remove or distort any Copyright, Trademarks, Service Mark, Trade Names or other proprietary rights notices on the website, or on any hard copy portions made of the website content.
Manu Kea Incorporated may contact, or deliver notice to you by means of email, postal mail, a general notice on the site, or by other means to the address you have provided to us.
You may not violate U.S. Export Laws including, without limitation, violation of the Export Administration Regulations administered by the U.S. Department of Commerce.
Within the entirety of the Service and/or website; documented text, lists, notes contained within graphics, photos and/or drawings are currently made available in English only. We shall not be liable to you or to any third-party for any translated text by a person or solely by computer software.
A breach or violation of any of the Terms will result in an immediate termination of your Services, access to the website and notification to appropriate law enforcement agencies, as required.
5. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a.) transmissions over various networks; and (b.) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, or use of the Service, or access to the website or any contact on the website through which the products/service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website 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 website is at your own risk.
This website 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 website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
7. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service and/or website (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 and/or website (or any part or content thereof).
8. PRODUCTS OR SERVICES (if applicable)
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 Store Return Policy. As with all Manu Kea Incorporated Policies, they are posted for viewing on the Policies website webpage.
We have made every effort to display as accurately as possible the colors and images of our products that appear online at our website. 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 website 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 in the Service and/or website (or any part or content thereof) will be corrected.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Store Return Policy. As with all Manu Kea Incorporated Policies, they are posted for viewing on the Policies website webpage.
10. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11. THIRD-PARTY LINKS
Certain content, products and services available via our Service and/or website may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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.
12. LINKING TO THIS WEBSITE
All links to this website must be approved in writing by Manu Kea Incorporated. We may, at our sole discretion, consent to links in which the link and the pages that are activated by the link do not: (a.) represent commercial competition with us; and (b.) misrepresent, criticize, present false or misleading impressions, or otherwise damage the goodwill associated with the Manu Kea Incorporated name and/or trademarks; and (c.) in any way abuse, threaten or violate the rights of intellectual property, privacy, or other legal rights of others or, in any way, distribute, post, or publish any inappropriate, infringing, defamatory, profane, obscene or illegal information, topic, or other material that violates the goodwill of Manu Kea Incorporated; and (d.) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; and (e.) misrepresent your relationship with us; and (f.) imply that Manu Kea Incorporated approves or endorses you, your website, or your product and/or service offerings.
As a further condition to being permitted to link to this website, you agree that Manu Kea Incorporated may at any time, at our sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any Manu Kea Incorporated protected and/or trademark information and content.
Notwithstanding, we reserve the right to prohibit linking to the website for any reason, at our sole discretion, even if the linking complies with the requirements described herein.
13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively termed “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a.) to maintain any comments in confidence; (b.) to pay compensation for any comments; or (c.) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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. You agree not to submit any private information. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service and/or website or any related website(s). You may not use false email addresses, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
14. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Store Privacy Policy. As with all Manu Kea Incorporated Policies, they are posted for viewing on the Policies website webpage.
15. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website, or in the Service, or in any related store/company documents that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website, or Service, or on any related store document is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service and/or website or in any related store documents, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service and/or website should be taken to indicate that all information in the Service and/or website or in any related store documents has been modified or updated.
16. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content:
(a.) for any unlawful purpose;
(b.) to solicit others to perform or participate in any unlawful acts;
(c.) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d.) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e.) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f.) to submit false or misleading information;
(g.) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service and/or the website, other websites, or the Internet;
(h.) to collect or track the personal information of others;
(i.) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j.) for any obscene or immoral purpose; or
(k.) to interfere with, or circumvent the security features of the website, other websites, or the internet.
We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
17. WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the website, including, without limitation, accessing data not intended for you or entry onto a server or an account which you are not authorized to access. Attempting to defeat, scan or test the vulnerability of the website, or to breach security, or authentication measures without proper authorization is prohibited. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a malicious code/virus to the website is prohibited.
Electronic communication transmissions, such as but not limited to, “overloading”, "flooding", "spamming", "mailbombing" or "crashing" by way of sending emails, including promotions and/or advertising of products or services, or forging any transmission control protocol (TCP) or internet protocol (IP) packet header or any part of the header information in any email is prohibited.
You must not transmit any “worms”, “viruses” or any code of a malicious or destructive nature.
You agree not to use any device, hardware, software, or code routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from us on this website and other than generally available third party web browsers.
Violations of the website, system, or network security may result in civil or criminal liability. Occurrences that may involve such violations will be investigated. And where required, notification will be made to the appropriate law enforcement agencies.
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service and/or website 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 and/or website will be accurate or reliable.
You agree that from time to time we may remove the Service and/or website for indefinite periods of time or cancel the Service and/or website at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service and/or website is at your sole risk. The Service and/or website and all products and services delivered to you through the website 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 Manu Kea Incorporated, our directors, officers, employees, parents, partners, successors, contractors, subcontractors, interns, suppliers, service providers, subsidiaries, affiliates, agents, licensors or their related companies 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 products or any service procured using the Service and/or website, or for any other claim related in any way to your use of the Service and/or website 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 and/or website or any content (or product) posted, transmitted, or otherwise made available via the Service and/or website, 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.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Manu Kea Incorporated and our directors, officers, employees, parents, partners, successors, contractors, subcontractors, interns, suppliers, service providers, subsidiaries, affiliates, agents, licensors or their related companies, harmless 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
20. SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
21. 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 Service and/or website, or when you cease using our website.
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 Service and/or website (or any part thereof).
22. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any Store Policies or related store/company documents posted by us on this website or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the Service and/or website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
23. GLOBAL LIMITATIONS AND RESTRICTIONS
Manu Kea Incorporated is based in the United States of America. The website is operated by Manu Kea Incorporated headquarters from within the United States of America. We make no representation that any/all products or services on the website are appropriate, or available for use, at other locations outside of the United States of America. It is prohibited to access the Service and/or website from geographic regions or jurisdictions where these products, or services, or contents are illegal. If you access this website from a location outside of the United States of America, you are responsible for compliance with all local laws.
You may not use the website or export products in violation of U.S. Export Laws including, without limitation, violation of the Export Administration Regulations administered by the U.S. Department of Commerce.
Various information published on the internet may contain references or similarities to our products and services that are not available in specific geographic regions or jurisdictions. Such references do not imply that we intend to plan for, or provide products, or services in specific geographic regions or jurisdictions.
24. GOVERNING LAW; JURISDICTION AND VENUE
These Terms of Service and any separate agreements whereby we provide you, shall be governed by and construed in accordance with the of the State of Florida, the County of Martin, United States of America, without regard to choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods (Vienna, 1980).
You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Service and/or website, including but not limited to, the purchase of Manu Kea Incorporated products or services shall be in the state or federal courts located in the State of Florida, the County of Martin, United States of America. Any failure to insist upon, or enforce strict performance of any provision of these terms and conditions, shall not be construed as a waiver of any provision or right by Manu Kea Incorporated.
Any cause of action or claim you may have with respect to the Service and/or website, including but not limited to, the purchase of Manu Kea Incorporated products or services must be commenced within one (1) year after the claim or cause of action arises.
Neither the course of conduct between any parties, nor any trade practices shall act to modify these Terms of Service.
25. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this webpage.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Service and/or website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
26. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
[email protected]
Or in writing to the following address:
Manu Kea Incorporated
2646 SW Mapp Road
Suite 306
Palm City, FL 34990
1. INTRODUCTION AND OVERVIEW
Welcome to Manu Kea Incorporated. This website is operated by Manu Kea Incorporated. Throughout the website and this document, the terms “we”, “us” and “our” refer to Manu Kea Incorporated. Manu Kea Incorporated offers this website, including all information, tools, interactive features, applications, downloads and services available from this website to “you”, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our website and/or purchasing products and/or services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and Store Policies referenced herein and/or available on the website. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These “Terms of Service” apply to this website (however accessed and/or used, whether via personal computers, mobile devices or otherwise (collectively a “computer”). The terms “you” and “your” refers to you, the person accessing this website and accepting the Terms of Service and associated Store Policies.
Please read these Terms of Service and applicable Store Policies carefully before accessing or using our website, as they affect your legal rights and obligations. By accessing or using any part of the website (other than to read these Terms), you agree to be bound by the Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service and/or website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this webpage. 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 webpage periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. COPYRIGHT
The entire content included in this website (inclusive of all versions/revisions), including but not limited to text, graphics, images, code and content is copyrighted as a collective work under the United States and other copyright laws, and is the property of Manu Kea Incorporated. The collective work includes works that are licensed to Manu Kea Incorporated. Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order with Manu Kea Incorporated or purchasing Manu Kea Incorporated products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Manu Kea Incorporated or to purchase Manu Kea Incorporated products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Manu Kea Incorporated. You further agree not to change or delete any proprietary notices from materials downloaded from the website. Copyright 2017-2022, Manu Kea Incorporated ALL RIGHTS RESERVED.
3. TRADEMARKS AND PATENTS
All Trademarks, Service Marks, Patents and Trade Names of Manu Kea Incorporated used in the website are trademarks, patents or registered marks of Manu Kea Incorporated. All other products, services and/or company names mentioned herein are trademarks of their respective owners. Failure of a mark to appear does not mean that Manu Kea Incorporated, or their respective owners, does not use the mark, nor does it mean that the product is not actively marketed or is not significant within its relevant market or is not protected by U.S. and international protection for Trademarks, Service Marks, Pending Patents, Issued Patents and Trade Names.
4. WEBSITE ACCESS AND ONLINE STORE TERMS
Access to the website including, without limitation, is provided for your information and personal, non-commercial use only. When using the website, you agree to comply with all applicable laws and the Store Privacy Policy. As with all Manu Kea Incorporated Policies, they are posted for viewing on the Policies website webpage.
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 website.
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 and/or intellectual property laws).
You may not remove or distort any Copyright, Trademarks, Service Mark, Trade Names or other proprietary rights notices on the website, or on any hard copy portions made of the website content.
Manu Kea Incorporated may contact, or deliver notice to you by means of email, postal mail, a general notice on the site, or by other means to the address you have provided to us.
You may not violate U.S. Export Laws including, without limitation, violation of the Export Administration Regulations administered by the U.S. Department of Commerce.
Within the entirety of the Service and/or website; documented text, lists, notes contained within graphics, photos and/or drawings are currently made available in English only. We shall not be liable to you or to any third-party for any translated text by a person or solely by computer software.
A breach or violation of any of the Terms will result in an immediate termination of your Services, access to the website and notification to appropriate law enforcement agencies, as required.
5. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a.) transmissions over various networks; and (b.) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, or use of the Service, or access to the website or any contact on the website through which the products/service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website 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 website is at your own risk.
This website 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 website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
7. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service and/or website (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 and/or website (or any part or content thereof).
8. PRODUCTS OR SERVICES (if applicable)
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 Store Return Policy. As with all Manu Kea Incorporated Policies, they are posted for viewing on the Policies website webpage.
We have made every effort to display as accurately as possible the colors and images of our products that appear online at our website. 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 website 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 in the Service and/or website (or any part or content thereof) will be corrected.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Store Return Policy. As with all Manu Kea Incorporated Policies, they are posted for viewing on the Policies website webpage.
10. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11. THIRD-PARTY LINKS
Certain content, products and services available via our Service and/or website may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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.
12. LINKING TO THIS WEBSITE
All links to this website must be approved in writing by Manu Kea Incorporated. We may, at our sole discretion, consent to links in which the link and the pages that are activated by the link do not: (a.) represent commercial competition with us; and (b.) misrepresent, criticize, present false or misleading impressions, or otherwise damage the goodwill associated with the Manu Kea Incorporated name and/or trademarks; and (c.) in any way abuse, threaten or violate the rights of intellectual property, privacy, or other legal rights of others or, in any way, distribute, post, or publish any inappropriate, infringing, defamatory, profane, obscene or illegal information, topic, or other material that violates the goodwill of Manu Kea Incorporated; and (d.) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; and (e.) misrepresent your relationship with us; and (f.) imply that Manu Kea Incorporated approves or endorses you, your website, or your product and/or service offerings.
As a further condition to being permitted to link to this website, you agree that Manu Kea Incorporated may at any time, at our sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any Manu Kea Incorporated protected and/or trademark information and content.
Notwithstanding, we reserve the right to prohibit linking to the website for any reason, at our sole discretion, even if the linking complies with the requirements described herein.
13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively termed “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a.) to maintain any comments in confidence; (b.) to pay compensation for any comments; or (c.) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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. You agree not to submit any private information. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service and/or website or any related website(s). You may not use false email addresses, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
14. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Store Privacy Policy. As with all Manu Kea Incorporated Policies, they are posted for viewing on the Policies website webpage.
15. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website, or in the Service, or in any related store/company documents that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website, or Service, or on any related store document is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service and/or website or in any related store documents, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service and/or website should be taken to indicate that all information in the Service and/or website or in any related store documents has been modified or updated.
16. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content:
(a.) for any unlawful purpose;
(b.) to solicit others to perform or participate in any unlawful acts;
(c.) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d.) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e.) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f.) to submit false or misleading information;
(g.) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service and/or the website, other websites, or the Internet;
(h.) to collect or track the personal information of others;
(i.) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j.) for any obscene or immoral purpose; or
(k.) to interfere with, or circumvent the security features of the website, other websites, or the internet.
We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
17. WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the website, including, without limitation, accessing data not intended for you or entry onto a server or an account which you are not authorized to access. Attempting to defeat, scan or test the vulnerability of the website, or to breach security, or authentication measures without proper authorization is prohibited. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a malicious code/virus to the website is prohibited.
Electronic communication transmissions, such as but not limited to, “overloading”, "flooding", "spamming", "mailbombing" or "crashing" by way of sending emails, including promotions and/or advertising of products or services, or forging any transmission control protocol (TCP) or internet protocol (IP) packet header or any part of the header information in any email is prohibited.
You must not transmit any “worms”, “viruses” or any code of a malicious or destructive nature.
You agree not to use any device, hardware, software, or code routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from us on this website and other than generally available third party web browsers.
Violations of the website, system, or network security may result in civil or criminal liability. Occurrences that may involve such violations will be investigated. And where required, notification will be made to the appropriate law enforcement agencies.
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service and/or website 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 and/or website will be accurate or reliable.
You agree that from time to time we may remove the Service and/or website for indefinite periods of time or cancel the Service and/or website at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service and/or website is at your sole risk. The Service and/or website and all products and services delivered to you through the website 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 Manu Kea Incorporated, our directors, officers, employees, parents, partners, successors, contractors, subcontractors, interns, suppliers, service providers, subsidiaries, affiliates, agents, licensors or their related companies 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 products or any service procured using the Service and/or website, or for any other claim related in any way to your use of the Service and/or website 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 and/or website or any content (or product) posted, transmitted, or otherwise made available via the Service and/or website, 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.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Manu Kea Incorporated and our directors, officers, employees, parents, partners, successors, contractors, subcontractors, interns, suppliers, service providers, subsidiaries, affiliates, agents, licensors or their related companies, harmless 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
20. SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
21. 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 Service and/or website, or when you cease using our website.
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 Service and/or website (or any part thereof).
22. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any Store Policies or related store/company documents posted by us on this website or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the Service and/or website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
23. GLOBAL LIMITATIONS AND RESTRICTIONS
Manu Kea Incorporated is based in the United States of America. The website is operated by Manu Kea Incorporated headquarters from within the United States of America. We make no representation that any/all products or services on the website are appropriate, or available for use, at other locations outside of the United States of America. It is prohibited to access the Service and/or website from geographic regions or jurisdictions where these products, or services, or contents are illegal. If you access this website from a location outside of the United States of America, you are responsible for compliance with all local laws.
You may not use the website or export products in violation of U.S. Export Laws including, without limitation, violation of the Export Administration Regulations administered by the U.S. Department of Commerce.
Various information published on the internet may contain references or similarities to our products and services that are not available in specific geographic regions or jurisdictions. Such references do not imply that we intend to plan for, or provide products, or services in specific geographic regions or jurisdictions.
24. GOVERNING LAW; JURISDICTION AND VENUE
These Terms of Service and any separate agreements whereby we provide you, shall be governed by and construed in accordance with the of the State of Florida, the County of Martin, United States of America, without regard to choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods (Vienna, 1980).
You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Service and/or website, including but not limited to, the purchase of Manu Kea Incorporated products or services shall be in the state or federal courts located in the State of Florida, the County of Martin, United States of America. Any failure to insist upon, or enforce strict performance of any provision of these terms and conditions, shall not be construed as a waiver of any provision or right by Manu Kea Incorporated.
Any cause of action or claim you may have with respect to the Service and/or website, including but not limited to, the purchase of Manu Kea Incorporated products or services must be commenced within one (1) year after the claim or cause of action arises.
Neither the course of conduct between any parties, nor any trade practices shall act to modify these Terms of Service.
25. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this webpage.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Service and/or website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
26. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
[email protected]
Or in writing to the following address:
Manu Kea Incorporated
2646 SW Mapp Road
Suite 306
Palm City, FL 34990
