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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
Miss Mary Mac's Hawaiian Coffee Shack. The collective work includes works that are
licensed to Miss Mary Mac's Hawaiian Coffee Shack. Copyright 2006, Miss Mary Mac's Hawaiian Coffee Shack
ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with Miss Mary Mac's Hawaiian Coffee Shack or purchasing Miss Mary Mac's Hawaiian Coffee Shack
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 site
solely for your own non-commercial use, or to place an order with
Miss Mary Mac's Hawaiian Coffee Shack or to purchase Miss Mary Mac's Hawaiian Coffee Shack products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by Miss Mary Mac's Hawaiian Coffee Shack. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Miss Mary Mac's Hawaiian Coffee Shack used
in the site are trademarks or registered trademarks of
Miss Mary Mac's Hawaiian Coffee Shack
Warranty Disclaimer
This
site and the materials on this site are provided "as is" and without
warranties of any kind, whether express or implied. We warrant our
consumable products to be fresh and to be the grade promised. If
you are dissatisfied we will make arrangements for an exchange or
refund. A refund or exchange will require contacting us within 30
days and returning the unused majority portion of the product.
Our electrical products are warranted by the manufacturer. All
conditions of the manufacturers warranty shall apply to purchase
through us. Miss Mary Mac's Hawaiian Coffee Shack does not represent or warrant
that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or
the server that makes the site available are free of viruses or other
harmful components. Miss Mary Mac's Hawaiian Coffee Shack does not make any warrantees or
representations regarding the use of the materials in this site in
terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Miss Mary Mac's Hawaiian Coffee Shack
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Miss Mary Mac's Hawaiian Coffee Shack
has been advised of the possibility of such damages. Applicable law may
not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
Typographical Errors
In
the event that a Miss Mary Mac's Hawaiian Coffee Shack product is mistakenly listed at an
incorrect price, Miss Mary Mac's Hawaiian Coffee Shack reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Miss Mary Mac's Hawaiian Coffee Shack reserves the right to refuse or cancel any such
orders whether or not 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 cancelled, Miss Mary Mac's Hawaiian Coffee Shack shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by
Miss Mary Mac's Hawaiian Coffee Shack without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Miss Mary Mac's Hawaiian Coffee Shack
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to
Miss Mary Mac's Hawaiian Coffee Shack.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of Hawaii, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
Miss Mary Mac's Hawaiian Coffee Shack products) shall be in the state or federal courts
located in Honolulu County, Hawaii. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of Miss Mary Mac's Hawaiian Coffee Shack products) must be commenced within one
(1) year after the claim or cause of action arises.
Miss Mary Mac's Hawaiian Coffee Shack's 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. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. Miss Mary Mac's Hawaiian Coffee Shack may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Miss Mary Mac's Hawaiian Coffee Shack or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
Miss Mary Mac's Hawaiian Coffee Shack
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, Miss Mary Mac's Hawaiian Coffee Shack is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Miss Mary Mac's Hawaiian Coffee Shack reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Miss Mary Mac's Hawaiian Coffee Shack in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Miss Mary Mac's Hawaiian Coffee Shack, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors,
Miss Mary Mac's Hawaiian Coffee Shack may link to sites operated by third parties.
However, even if the third party is affiliated with
Miss Mary Mac's Hawaiian Coffee Shack, Miss Mary Mac's Hawaiian Coffee Shack has no control over these
linked sites, all of which have separate privacy and data collection
practices, independent of Miss Mary Mac's Hawaiian Coffee Shack. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, Miss Mary Mac's Hawaiian Coffee Shack seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
Refund Policy
Our
consumable products are eligable for a refund or exchange for 30 days
after the order is shipped. These products must be returned in
the original packaging in generally the same condition as
received. And a mojority of the product must be returned.
The electrical products are warranted based on the manufacturers
limited 2 year warranty. You may be required to send the product
for service or exchange one of their service centers. If this is
not possible, we require you to return the product to us. And the
product is expected to be in the same condition as it was
received. Before any refund or return will be authorized, you
must contact customer service at customerservice@m3coffee.com or
808-293-2898.
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