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DESCRIPTION OF GOODS
Rainbow Dazed Hawaii LLC; Dba Rainbow Dazed TM is an American-based distributor of colorful products based in Hawaii and sold within the United States. As of May 2017, Rainbow Dazed TM has officially been engaged in US commerce and formally offers market notice of our protected Trade Name under the laws and jurisdiction of the State of Hawaii and the Federal USPTO.
This website and all materials on the website, including, but not limited to, images, illustrations, articles, postings (the "Materials") are the property of Rainbow Dazed Hawaii LLC ("Rainbow Dazed Hawaii") and its affiliates and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Rainbow Dazed Hawaii 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 RainbowDazed.com, our forums, or any other site owned or operated by Rainbow Dazed Hawaii without the prior written permission of Rainbow Dazed. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from Rainbow Dazed Hawaii.
Rainbow Dazed TM and its related names and logos are all trademarks and/or trade names owned or licensed by Rainbow Dazed Hawaii and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with Rainbow Dazed Hawaii, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of Rainbow Dazed Hawaii 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. Rainbow Dazed Hawaii will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.
USE OF THE SITE BY MINORS
Rainbow Dazed Hawaii does not sell products or provide any services intended for the direct sale to children. Rainbow Dazed Hawaii does sell products to adults, who may make online purchases using a valid credit card or any other premised payment form, such as paypal. If you are under the age of 18, you may not use our website without involving your parent or guardian.
The RainbowDazed.com is primarily a product sale site. Rainbow Dazed Hawaii makes reasonable attempts to accurately describe the products on its site. Note that we cannot guarantee that such descriptions are complete or error-free. If you believe a product you received was not described accurately, your remedy to return it in an unused condition within 30 days of purchase.
PRODUCT COLOR VARIATIONS
Rainbow Dazed Hawaii makes reasonable attempts to accurately describe the products on its site and offer a consistent product. Note that slight variations do occur in the colors. Rainbow Dazed Hawaii cannot guarantee that such colors are perfectly consistent with previously ordered product. If you believe a product you received was not what you expected, your remedy is to return it in unused condition within 30 days of purchase.
If you choose to create an account, you are responsible for maintaining the privacy of your account details and password. In addition, Rainbow Dazed Hawaii reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website and all elements thereof are provided on an "as is" basis without warranty of any kind, express or implied. Rainbow Dazed Hawaii 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. Rainbow Dazed Hawaii 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. Rainbow Dazed Hawaii 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 Rainbow Dazed Hawaii 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.
Any dispute or claim relating in any way to your use of any RainbowDazed.com, or to any products or services sold or distributed by Rainbow Dazed Hawaii or through RainbowDazed.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
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. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using RainbowDazed.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Hawaii, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Rainbow Dazed Hawaii.