WHAT DO WE COLLECT?
Every time you visit the Site, our Web server automatically collects the following non-personally identifiable information: your Internet service provider’s address, the referring URL and information on the pages you access on our site. We collect this information to help diagnose problems, administer our website and track usage statistics. All of this information is collected and used only in the aggregate; that is, it is entered into our database where we can use it to generate overall reports on our visitors, but not individual reports that identify you personally.
We also collect personally identifiable information that you provide, such as information you provide when you contact us via the Site, for example, your name, your email address, your telephone number, your address, and any other personal or preference information that you provide to us. You may look at the Site without disclosing any personally identifiable information.
By using the Site, you are consenting to have your personal data transferred to and processed in the United States.
WHAT ARE “COOKIES”?
Most Internet sites collect data about visitors through the use of “cookies”. Cookies are small software programs that help sites recognize repeat visitors by assigning a random number to each desktop for tracking content preferences and traffic patterns. Cookies may be used to “connect” your computer to information stored in a separate location. The Site may use browser cookies to track user behavior. Through cookies we may also: alert you to new issues that we think might be of interest to you when you return to the Site; record past activity at the Site in order to provide you better service when you return to the Site; or, customize Web page content based on your browser type or other information that you send us.
HOW DO WE USE YOUR INFORMATION?
Additionally, the information we collect is used:
1) to generally improve the content and layout of the Site
2) to improve the content and layout of the Site for individual visitors
3) to notify you about updates to the Site
4) for internal review
When you supply us with personal information in the course of creating an account, the information you provide will be added to our customer database. You will receive periodic news from us. If you do not want to receive such communications from us, then please delete your account.
We may send you e-mail with information on new services. If you do not wish to receive such e-mail in the future, please contact us at [email protected] to remove yourself from our e-mail list. We reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.
We may also send you service-related announcements from time to time through the general operation of the service.
SHARING YOUR INFORMATION WITH THIRD PARTIES
We contract with third-party service providers in order to operate our business, including operating the Site. Those service providers may need access to your information to perform fulfillment and other services. We undertake to provide only that portion of your information needed to perform the pertinent service, and we require that all of our service providers hold your information in confidence and use it only to provide the service for which they have been engaged.
We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you.
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law (for example, to respond to a lawful subpoena, warrant or court order); or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place; or (4) we believe that disclosure is necessary to protect our rights or interests, or the rights or interests of others. The information is not provided to these companies for marketing purposes.
HOW DO YOU KNOW YOUR INFORMATION IS SECURE?
We have appropriate security measures in place in our facilities to protect against the loss, misuse or alteration of information that we have collected from you at the Site so you can feel comfortable and secure. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others.
Please note that e-mail is not encrypted and is not considered a secure means of transmitting credit card numbers.
CHILDREN UNDER THE AGE OF 18
We will not knowingly collect personally identifiable information from minors. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to your use of this site, and by so agreeing you and they acknowledge that we may collect information from you as part of your use of the site. You may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.
The Site may allow users to share information, is open to the public and should not be considered private.
You should think carefully before posting any personally identifiable information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines like Google, Yahoo, MSN, Bing, etc. If you mistakenly post personal information in our community areas and would like it removed, you can send us an email to request that we remove it. In some cases, we may not be able to remove your personal information and if we can’t, we will let you know and why not.
To contact us for any reason, or if you have any concerns or questions, please contact us by email at [email protected] Please note: When you contact us, provide your name and address exactly as it appears on correspondence you have received from us.
CHANGE IN POLICY
You acknowledge and agree that the Site contains proprietary information that is protected under U.S. and international intellectual property laws, including the laws of copyright and trademark. As between you and thecondosatpapakea.com, the Site, and all Site content shall be the sole and exclusive property of thecondosatpapakea.com. We are granting you no right, title or interest in or to the Site or any Site content. In the event that you provide any user review or other feedback, we will own that feedback and review as well as any actions we take in response to that feedback and review, without any obligation to compensate you.
Except as expressly authorized by us or our licensors, you agree not to:
- download or make copies of any images, whether or not for personal use;
- sell, rewrite, modify, redistribute, create derivative works from the Site content in whole or in part;
- collect content or other information, including using any automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
- engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site;
- upload viruses or other malicious code;
- solicit login information or access an account belonging to someone else;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our site and our affiliates without express written consent;
- use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent;
- reverse engineer, modify, decompile or disassemble any aspect of the Site, including any technology used in connection with the Site;
- tamper with the operation, functionality or the security of the Site;
- attempt to override or circumvent any security or usage rules embedded into the Site that permit digital materials to be protected;
- violate or attempt to violate any security features of the Site;
- emulate or fake usage of the Site;
- attempt to probe, scan, or test the vulnerability of the Site, or any associated system or
We are committed to protecting the privacy of children. This Site is not intended for use by minors, and by using this site you confirm that you are not a minor. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.
CURRENT AND ACCURATE INFORMATION
You represent and warrant the accuracy and completeness of all information you provide to us. You agree to promptly notify us of any change in the information you have provided to us.
From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Thecondosatpapakea.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
CONSENT TO RECEIVE COMMUNICATIONS
You acknowledge and agree that we may send written and electronic communications to you in connection with the Site, your use of the Site, and any products or services obtained or that you will obtain by or through the Site. You expressly consent to the receipt of any all notices from us by way of email including correspondence we are legally obligated to provide you.
PRIVACY AND PERSONAL INFORMATION
LINKS TO THIRD PARTY SITES
This Site may be linked to other websites which are not under the control of and are not maintained by thecondosatpapakea.com. Without implying that we make any representations about the Site, we make no representation whatsoever about any other website which you may access through the Site. When you access a non-thecondosatpapakea.com website, please understand that it is independent from thecondosatpapakea.com and that we have no control over the content of that website. In addition, a link to a non-thecondosatpapakea.com website does not mean that thecondosatpapakea.com endorses or accepts any responsibility for the content, or use, of such website. It is up to you to take precautions to ensure whatever you select for your use is free of such items as viruses, worms, or other items of destructive nature.
ACCOUNT, PASSWORD, AND SECURITY
If the Site requires or provides you with the option to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. In the event that you must choose a password and username, you are solely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
The thecondosatpapakea.com Indemnified Parties will have the right, but not the obligation, to participate and/or control through counsel of its choice in any defense by you of any claim to which this indemnity may apply. You may not settle any claim or admit any liability on the part of any thecondosatpapakea.com Indemnified Party
DISCLAIMER OF WARRANTIES
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OFFERED THEREON, SITE CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED (INCLUDING BUT NOT LIMITED TO, WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING), STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES OFFERED THEREON, THE SITE CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE, AND IN ANY PRODUCT OR SERVICE PURCHASED FROM OR THROUGH THE SITE. WE DO NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY ON OR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR THAT DEFECTS IN THE SITE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT (INCLUDING ACCURATE DESCRIPTIONS OF PRODUCTS AND SERVICES), THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE SITE CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES OR PRODUCTS OFFERED THEREON, AND THE SITE CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IF YOU HAVE A DISPUTE WITH US, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
INDEPENDENT AND THIRD PARTY VENDORS AND ADVERTISERS
You acknowledge that independent third parties act as suppliers for thecondosatpapakea.com. Thecondosatpapakea.com is not responsible for the acts or omissions of such suppliers. Similarly, from time to time, third parties may sell or advertise products on the Site and we are not responsible for the acts or omissions of any such advertisers, including any products or services offered or provided by such advertisers.
PAYMENT INFORMATION AND PROCESSING
You are required to provide all information necessary to complete any order. Payment of your order will be processed upon submission of your order through the Site and you authorize us to share your information as is necessary to process your payments. We may refuse or cancel any order for any reason (including, but not limited to, pricing errors) without any liability, and in event of any such cancellation your sole recourse and remedy shall be the return of all amounts paid by you for such order.
SALE AND RETURN POLICIES
Credit card payment is the only form of payment accepted through the Site. Any order you place through the Site is considered to be a binding offer by you to purchase the items ordered through the Site, and your offer becomes a binding agreement upon thecondosatpapakea.com accepting your order on the Site. You agree that your order may be subject to applicable taxes which are in addition to the sale price of your order. You shall be responsible for all applicable taxes on your order.
Thecondosatpapakea.com reserves the right to change prices, terms, specifications and warranties for products on the Site at any time without prior notice. While thecondosatpapakea.com will attempt to ensure that pricing and other product information is accurate, errors may sometimes occur. When any errors in product specifications, descriptions, and pricing are discovered by us, we reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, MSP will inform you of the error at which time you may cancel or reaffirm your order at your option.
NO ASSIGNMENT BY YOU
In the event that your use of the Site is terminated for any reason, we will not refund any payments that you have previously made for services that were previously provided. Please refer to your rental agreement for all terms.
CHOICE OF LAW AND FORUM
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting the copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
- The email address for copyright issues relating to the Site is: [email protected]