TERMS OF USE
Overview
This website is operated by MNS, Ltd. (sometimes doing business as ABC Stores) and our affiliates (sometimes referred to as “we”, “us” and “our”). We are pleased to offer this website and our affiliate websites (collectively referred to as our, this or the “Website”), including any online e-commerce platform that may be included in our Website (the “Online Store”), conditioned on your acceptance of all terms, conditions, policies, and notices stated in these Terms of Use, our Privacy Policy, our Shipping Policy, our Return Policy, and any other terms and conditions found on the Website (collectively, the “Terms”).
The Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers or merchants. Please read the Terms carefully before accessing or using our Website or purchasing our products through our Online Store. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
1. Ownership of the Website and Content
The Website and, unless noted otherwise, all the content (e.g., information, data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code), including without limitation the design, structure, and “look and feel” of the Website, are protected under copyright, trademark, and other intellectual property and unfair competition laws. All rights not expressly granted you are reserved by us.
2. Changes to Terms
We may periodically change any part of the Terms, so please check them from time to time as your continued use of the Website following our posting of changes will mean that you accept and agree to the changes.
3. Your Use of the Website and Online Store
You represent that you are at least the age of majority in your state of residence, or that you are at least 16 years of age and are using the Website with the knowledge or consent of a parent or legal guardian.
You agree to abide by any additional terms and conditions that may apply to purchases of products from the Online Store and to specific portions or features of the Website, all of which terms are made a part of these Terms by this reference. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion or feature of the Website, then the latter terms shall control with respect to your use of that portion or feature of the Website.
You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your account and account access. You agree to immediately notify us if you suspect or become aware of any loss, theft, or unauthorized use of your account or account password.
4. Accuracy of Information on Website
While we use commercially reasonable efforts to ensure our Website is accurate and complete for its intended purposes, we undertake no obligation to update, amend, correct, or clarify information on the Website except as required by law. You should not assume that the information provided on the Website is accurate, current, or complete. The information provided on the Website is for general information only and without warranty. In other words, any reliance on the information on the Website is at your own risk.
With that said, we reserve the right to correct any errors, inaccuracies or omissions on the Website, including the Online Store.
5. Online Store; Purchases and Products; Modifications
Ordering products through our Online Store creates a legally binding contract between you and us.
All products displayed on the Online Store are subject to availability. Prices for our products are quoted in U.S. Dollars only.
We reserve the right to modify the products offered for sale on the Online Store in any way at any time at our sole discretion. This includes, without limitation, our right to change the prices of products and to suspend, discontinue, or limit quantities of any product. WE ALSO RESERVE THE RIGHT TO CHANGE OR CANCEL ANY ORDER YOU PLACE WITH US. If we make a change to or cancel an order, we may notify you at the email and/or billing address or phone number provided with your order. We shall not be liable to you or to any third party for any modification, change, suspension, discontinuous or cancelation of a product or order. Any offer of a product on the Online Store is void where prohibited. In addition, certain products offered on the Online Store may either be considered perishable, or have special handling and/or shipping restrictions contingent on the delivery location of the product(s) that may prohibit you from checking out your Shopping Cart. If you are experiencing difficulties in checking out your Shopping Cart, please contact our customer service professionals at customerservice@abcstores.com for assistance.
While we take great pride in our products, we do not warrant that the quality or other characteristics of the products you purchase will meet your expectations. Additionally, we cannot guarantee that your computer monitor or other electronic device’s display of any color or image will be accurate.
6. Accuracy and Storage of Your Billing and Account Information
You agree to provide current, accurate, and complete billing, shipping and account information when creating an account or making purchases at the Online Store.
Stored payment credentials are used to process recurring or one-time payments that cannot be processed immediately. By accepting these Terms, you authorize us to store credentials in compliance with payment processing regulations for use at a later time.
7. Third Party Links
Certain content, products, and services available via our Website may include materials from or links to third party websites that are not owned by us or under our control.
We are not responsible for the quality, nature or reliability of the third party websites or for the content or services found on or through those websites. We provide these links to you as a convenience. The inclusion of any link does not imply endorsement by or association with us.
You are responsible for reviewing and abiding by the terms of any third party websites. Any complaints, claims, concerns, or questions regarding third party content, products, and services should be directed to the third party, and not to us.
8. User Comments, Content, and Other Submissions
If, on your own or at our request, you submit to us comments, content, ideas, suggestions, proposals, or other materials (for example, product reviews, contest entries, product giveaway entries, recipes using our products) (collectively, “Submissions”), you agree that we may, at any time, throughout the world, and without restriction, use, reproduce, modify, display, transmit, adapt, copy, translate, publish, and distribute all or any portion of your Submissions in any medium and through any methods of distribution, transmission, and display, whether now known or hereafter devised.
You agree that we are under no obligation to use any of your Submissions, to maintain any of your Submissions in confidence, to pay or otherwise compensate you for your Submissions, or to respond to any of your Submissions.
9. Privacy and Security
For information about how we collect, store, protect and use your personal information, please see our Privacy Policy.
10. No Unlawful or Unauthorized Uses
You agree that you will not use our Website and any products purchased through the Online Store for any unlawful or unauthorized purpose, such as (a) to solicit others to perform or participate in any unlawful acts; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to copy, reproduce, duplicate, sell, resell, or exploit any portion of the Website or Online Store content; or (k) to interfere with or circumvent the security features of the Website.
You acknowledge that your unlawful or unauthorized use of the Website could cause us irreparable harm and may entitle us to injunctive relief in addition to any other remedies available at law or in equity.
We reserve the right to terminate your use of the Website for any unlawful or unauthorized uses.
11. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT IS AT YOUR SOLE RISK. THE CONTENT, PRODUCTS, AND/OR SERVICES YOU ACCESS OR RECEIVE THROUGH THE WEBSITE (EXCEPT AS EXPRESSLY STATED BY US) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, CONDITIONS REGARDING MANUFACTURE OR DESIGN, COMPLIANCE WITH ANY GOVERNMENTAL REGULATIONS (E.G., LABELING, ADVERTISING, RECALLS, ETC.), IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES OR CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME WARRANTIES OR CONDITIONS SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.
We reserve the right to do any of the following, at any time, without notice to you: (a) to modify, suspend or terminate operation of or access to the Website, or any portion or feature of the Website, for any duration of time for any reason; (b) to modify or change the Website, or any portion or feature of the Website, and any applicable policies or terms; and (c) to interrupt the operation of the Website, or any portion or feature of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
12. Limitation on Our Liability
IN NO EVENT WILL MNS, LTD. OR OUR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, DIRECTORS, PRINCIPALS, SUBSIDIARIES, SUCCESSORS, ASSIGNS, CONTRACTORS, SUPPLIERS, DISTRIBUTORS, SERVICE PROVIDERS, AFFILIATES, LICENSORS, OR THIRD PARTIES PROVIDING INFORMATION, GOODS, OR SERVICES ON OR THROUGH THE WEBSITE OR VIA OTHER CHANNELS, INCLUDING WITHOUT LIMITATION, CHAT, PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE WEBSITE OR ONLINE STORE OR ANY OTHER PERSON OR ENTITY FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF YOUR USE OF THE WEBSITE, ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. FOR THOSE JURISDICTIONS THAT RESTRICT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. REGARDLESS OF THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT IN DISPUTE NOT TO EXCEED THE TOTAL AMOUNT WHICH YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) USD $200.
13. Indemnification
You agree to indemnify, defend and hold harmless MNS, Ltd. and our officers, directors, managers, members, employees, agents, directors, principals, subsidiaries, successors, assigns, contractors, suppliers, distributors, service providers, affiliates, licensors, or third parties providing information, goods, or services on or through the Website or via other channels, including without limitation, chat, phone and email, for any and all unauthorized uses you may make of any material or content on the Website, for any content you submit to us or to or through the Website, or for uses of the Website that cause damage to us or to third parties. You acknowledge that the unauthorized use of the content of the Website could cause us irreparable harm and may entitle us to injunctive relief in addition to any other remedies available at law or in equity.
14. Governing Law; Resolution of Disputes
We are based in Hawaii. These Terms are governed by the laws of the State of Hawaii, without regard to its conflict of laws rules.
YOU AND WE IRREVOCABLY AGREE TO GIVE UP ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM ARISING OR IN ANY WAY RELATED TO THIS WEBSITE OR YOUR USE OF THIS WEBSITE.
If a dispute should arise between you and us, we want to provide you with a resolution that is efficient and cost effective. If you are unhappy with an order, a product ordered from our Online Store, or any other aspect of your interaction with our Website, please first contact our customer service professionals at customerservice@abcstores.com who will endeavor to address your concerns.
Any dispute between you and MNS, Ltd., its officers, managers, members, employees, agents, directors, principals, successors, assigns, subsidiaries, distributors, or affiliates arising from or relating to your use of the Website, its contents, the Terms, and any products that you purchase through the Online Store (collectively, “Covered Disputes”), that cannot be resolved through discussion with us, will be settled by arbitration administrated by a recognized ADR provider and platform suitable for consumer disputes. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in a court located in Honolulu, Hawaii. You and we agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither we nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action, and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis.
Any action not covered by the arbitration provision above may only be brought in a court located in Honolulu, Hawaii, and you expressly consent to the jurisdiction of such courts for such actions and for enforcement of arbitration awards, and waive any objections you may have to such jurisdiction.
15. Severability
If any provision of the Terms is found illegal or unenforceable, the remaining terms shall continue to be fully valid, binding, and enforceable.
16. Waiver
Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
17. Contact Information
If you have questions, suggestions, comments, or concerns about these Terms or the Website, please contact us at customerservice@abcstores.com or via our mailing address at:
MNS, Ltd.
766 Pohukaina Street
Honolulu, Hawaii 96813
