Terms and Conditions
Wish I Were In
This Web site is an online commerce and information service provided for your personal use by Wish I Were in Hawaii (WIWIH). Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. WIWIH reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. WIWIH retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This Web site may provide links to many other Web sites affiliated with WIWIH that may have Terms of Use Policies different from, or in addition to, the Terms of Use specified herein, particularly in the case of Web sites hosting third-party content or that allow postings by third-parties. By accessing such Web sites through links provided on this Web site, you agree to abide by each applicable Terms of Use policy as therein specified.
Trademarks, Copyrights and Restrictions
This site is controlled and operated by WIWIH at
Management of the WishIWereInHawaiiShop.com Website.
Email: WIWInquiries@TheMarketplaceShops.com
If by mail:
Notice And Procedure For Making Claims Of Intellectual Property Infringement
Copyright in the documents and materials in this website is owned by the respective store represented. You are not authorized to use this material for personal, non-commercial or commercial purposes. The images of people or places displayed on the website are either the property of, or used with permission of, WIWIH and TMS or by the respective submitting individual, corporation or entity. The uses of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the website without the written permission of WIWIH, in agreement and in writing by the licensed entity or owner, WIWIH or any third party that may own the trademarks or service marks displayed on the website. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide WIWIH the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the WishIWereInHawaiiShop.com website, including the Item number;
Your address, telephone number, facsimile number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
WIWIH shall pass on the information to the appropriate vendor and shall remove the disputed product until an agreement or settlement has been made between the vendor and claimant. Products shall not be placed on the website again if a violation has been made.
WIWIH can be reached as follows:
Termination
WIWIH and TMS shall also have the right without notice and at any time to terminate or change any products or services offered on the WishIWereInHawaiiShop.com website or to terminate any individual's right to access or use the WishIWereInHawaiiShop.com website or any portion thereof.
Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, pricing, and other material provided on the WishIWereInHawaiiShop.com website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content in this website has been checked for accuracy; however, it may still contain errors, omissions, or typographical errors or may be out of date. TMS makes no warranties or representations as to its accuracy and it is supplied without any expressed or implied warranties. . Without limiting the foregoing, everything on the website is provided to you "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Website visitors should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
Products are available while supplies last.
TMS may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on TMS in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by WIWIH, TMS or by third parties that have agreed to allow WIWIH and TMS to use their information including logos to WIWIH and TMS. You may view and use the Content only for your personal information and for shopping and ordering on the WishIWereInHawaiiShop.com website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, WIWIH and TMS does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the WishIWereInHawaiiShop.com website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by WIWIH, TMS or the entity that owns the copyright, trademark, service mark, other proprietary rights, etc., is strictly prohibited.
Products, services, and company names appearing on the website are the trademarks of their respective owners. Respective stores maintain license agreements with licensed products.
User is authorized solely to view the pages of the WishIWereInHawaiiShop.com website for User’s own personal use. User may not duplicate, publish, modify, transmit, reuse, create derivative works from, post or repost on the World Wide Web or elsewhere on the Internet, or in any way distribute or exploit the WishIWereInHawaiiShop.com website, or any portion thereof, including the text and images, for any private, public or commercial use without the express written permission of WIWIH. User agrees not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the WishIWereInHawaiiShop.com website.
Among other things, the WishIWereInHawaiiShop.com website provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the WishIWereInHawaiiShop.com website in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the WishIWereInHawaiiShop.com website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
Links
This site may contain links to other Web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. WIWIH or its partners are not responsible for, and does not endorse, the content of any Linked Sites whether or not WIWIH is affiliated with the sponsors of a site. These linked sites do not constitute sponsorship, endorsement, or approval by WIWIH or TMS of the content, policies, or practices of such linked websites. Visitors to any linked site are urged and expected to abide by the Terms of Use and Privacy Policies of that particular linked site. WIWIH welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by WIWIH. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the WIWIH site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the WIWIH site without prior written consent of WIWIH.
Prices, Services and Orders
Parties other than WIWIH provide products and services on this site, and WIWIH and TMS do not warrant the products and services of those parties. While the parties that provide products and services on this site attempt to be as accurate as possible in the description and pricing of those products and services, WIWIH does not warrant that the descriptions and/or prices on this site are accurate, current, or without errors. You agree that all purchases of products or services on this site are at your own risk.
All prices displayed on the WishIWereInHawaiiShop.com Website are quoted in U.S. dollars. Shipping and handling fees and applicable sales/use tax will be added to each order as applicable and unless otherwise specified. INTERNATIONAL CUSTOMERS: International customers will be responsible for any duties or costs charged by their local customs office. Unfortunately we cannot mark your packaging as a "gift" or intentionally mark down the price of merchandise. To do so would risk losing our license to ship. Please make sure to input the correct shipping address. Customers will be responsible for extra shipping costs incurred should an order be returned to us due to an input error on the customer's part. WIWIH and TMS reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the WishIWereInHawaiiShop.com without incurring any obligation to you. Products displayed on this website are available while supplies last. Descriptions of, or references to, products or services on the WishIWereInHawaiiShop.com website do not imply endorsement of that product or service, or constitute a warranty, by TMS.
The receipt by you of an order confirmation does not constitute WIWIH and TMS’s acceptance of an order. Prior to TMS’s acceptance of an order, verification of information may be required. TMS reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from TMS, for any reason. TMS reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
We may, on occasion, have errors in advertised prices due to incorrect supplier pricing information or typographical error. These prices are not binding on WishIWereInHawaiiShop.com, and may be adjusted by TMS/ WishIWereInHawaiiShop.com at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation. TMS shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, TMS shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by Fulfillment Werks and TMS pass to you upon the delivery of the product/service to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of TMS's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
Disclaimer and Limitation of Liability as to the WishIWereInHawaiiShop.com Website and Content
WIWIH MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WISHIWEREINHAWAIISHOP.COM WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. WIWIH\ ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WISHIWEREINHAWAIISHOP.COM WEBSITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WISHIWEREINHAWAIISHOP.COM WEBSITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE WISHIWEREINHAWAIISHOP.COM WEBSITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WISHIWEREINHAWAIISHOP.COM WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.. UNDER NO CIRCUMSTANCES SHALL WIWIH, TMS OR WISHIWEREINHAWAIISHOP.COM, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WISHIWEREINHAWAIISHOP.COM WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF TMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer and Limitation of Liability as to Products and Services and Warranties
We want you to be completely satisfied with your WishIWereInHawaiiShop.com purchase. If for any reason you are not pleased with a product you purchased on the WishIWereInHawaiiShop.com, simply return the item within the specified number of days posted on the Refunds and Returns section of this website. Refunds will be issued in the same method as the order was paid. Refunds policies are posted on the Refunds and Returns section of this website.
Your use of and browsing in this website are at your own risk. Under no circumstances shall WishIWereInHawaiiShop.com, WIWIH, TMS, or any agencies involved in creating, producing, or delivering the website its supplies or their respective directors, officers, employees or agents be liable to you or any third party for any indirect, incidental, special, consequential, indirect, or punitive damages arising out of your access to, or use of this website, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the WishIWereInHawaiiShop.com website. Even if WishIWereInHawaiiShop.com, WIWIH or TMS are expressly advised of the possibility of such damages, in no event shall WishIWereInHawaiiShop.com’s, WIWIH’s or TMS’s liability exceed the price you paid for the product or service that is the subject of the claim. Without limiting the foregoing, everything on the website is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER WIWIH, TMS, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WIWIH OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON THIS SITE IS PROVIDED FOR ENTERTAINMENT AND PERSONAL, NON-COMMERCIAL PURPOSES. WIWIH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, PRODUCTS OR SERVICES IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, MERCHANTABILITY OR OTHERWISE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER WIWIH, NOR ITS CONTRACTORS, AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THIS SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WIWIH, TMS AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS, PRODUCTS, SERVICES OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT WIWIH AND TMS) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WIWIH AND TMS ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
Indemnification
You agree to indemnify, defend and hold harmless, WIWIH, its subsidiaries, other affiliated companies, TMS and its other affiliated companies, and their officers, directors, employees, agents, licensors, suppliers and any third-party information providers to this site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use. WIWIH and TMS reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with WIWIH and TMS in asserting any available defenses. The foregoing indemnification obligation shall survive termination of these Terms and the WishIWereInHawaiiShop.com Website and any product or service provided to you arising out of or relating to your use of the WishIWereInHawaiiShop.com website.
Submissions
Except as otherwise expressly provided herein or in the WishIWereInHawaiiShop.com PRIVACY STATEMENT posted on the WishIWereInHawaiiShop.com website, any communication or material you transmit to the WishIWereInHawaiiShop.com website by electronic mail or otherwise, including any questions, comments, suggestions, ideas or the like, concepts, techniques, is and will be treated as non-confidential and non-proprietary and may be used by WIWIH, TMS, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting, subject to the provisions in the Privacy Policy.. Furthermore, WIWIH, TMS, TMS vendors, and their affiliates and related entities are free to use any ideas, concepts, knowhow, or techniques contained in any communication you send to the WishIWereInHawaiiShop.com website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication. WishIWereInHawaiiShop.com and its parents, subsidiaries and affiliates will be free to reproduce, use, disclose and distribute such communications without limitation or obligation.
Severability
If any provision of this Agreement shall be held illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Notices
Unless otherwise expressly set forth in this Agreement, any legal notice required under this Agreement shall be given in writing at the address set forth below, as may be amended in writing from time to time, and shall be deemed to have been delivered and given for all purposes (i) on the delivery date, if delivered by hand courier to the party to whom such notice is directed; (ii) two (2) business days after deposit with a commercial overnight carrier; (iii) five (5) business days when mailed by United States mail; and, (iv) upon completion of transmission, if sent via facsimile with a confirmation of successful transmission.
If to User:
The then most current name and address provided by User, as such information is contained in the User Account.
If to WIWIH:
ATTN: Legal
If to
Attn: Legal
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and information to access your account. You agree to accept responsibility for all activities involving your account. If you are under the age of 18 years old, you may use this site only with the express permission of your parent(s) or guardian(s) and only with their involvement. If you are under the age of 18 years old your parent(s) or guardian(s) may purchase items for you. WIWIH reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
Jurisdiction
Unless otherwise specified, the materials in this web site are presented solely for the purpose of entertainment and providing programs, products and services available in the
Miscellaneous
WIWIH or TMS shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
This Agreement shall be governed by and construed in accordance with the laws of the State of
