Terms of service

TERMS OF SERVICE
(Effective Date: April 30, 2020)

Welcome to the CMU Ohana Store. C.M.U. & Associates, Inc. and/or its affiliates ("CMU") provide website features and other products and services to you when you visit or shop at the CMU Ohana Store or use CMU products or services, (collectively, "CMU Services"). CMU provides the CMU Services subject to the following conditions.

By using CMU Services, you agree to these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your use of CMU Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use CMU Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any CMU Service, including but not limited to text, graphics, logos, button icons, and images is the property of CMU or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CMU Service is the exclusive property of CMU and protected by U.S. and international copyright laws.

TRADEMARKS

The following list of trademarks used herein are owned by CMU: [CMU & Associates, Inc., Hilo Fish Company, Kona Fish Company, Tropic Fish Hawaii, Tropic Fish Kauai, Tropic Fish Maui, CMU ‘Ohana, Punahele, Krimson, Reelfresh]

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CMU Service are trademarks or trade dress of CMU in the U.S. and other countries. CMU's trademarks and trade dress may not be used in connection with any product or service that is not CMU's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CMU. All other trademarks not owned by CMU that appear in any CMU Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CMU.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Service, and your payment of any applicable fees, CMU or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the CMU Services. This license does not include any resale or commercial use of any CMU Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any CMU Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by CMU or its licensors, suppliers, publishers, rightsholders, or other content providers. No CMU Service, nor any part of any CMU Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CMU. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CMU without express written consent. You may not use any meta tags or any other "hidden text" utilizing CMU's name or trademarks without the express written consent of CMU. You may not misuse the CMU Services. You may use the CMU Services only as permitted by law. The licenses granted by CMU terminate if you do not comply with these Terms of Service.

YOUR ACCOUNT

You may need your own CMU account to use certain CMU Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. CMU does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the CMU Services only with involvement of a parent or guardian. CMU reserves the right to refuse service, terminate accounts, terminate your rights to use CMU Services, remove or edit content, or cancel orders in its sole discretion.

ALL SALES ARE FINAL

All sales made on the CMU Ohana Store are final.  CMU does honor cancellations or returns. CMU will not issue refunds for cancelled or returned items. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE CMU SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CMU SERVICES ARE PROVIDED BY CMU ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CMU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CMU SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CMU SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CMU SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, CMU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CMU DOES NOT WARRANT THAT THE CMU SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CMU SERVICES, CMU'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CMU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CMU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CMU SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CMU SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that CMU may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any CMU Service, you agree that applicable federal law and the laws of the State of Hawaii, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CMU.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your use of CMU Services. We reserve the right to make changes to our site, policies and Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

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