Lani Blue Stationery Terms and
Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER
AGREEMENT") VERY CAREFULLY.
TERMS
AND CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING,
ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY
Lani Blue Stationery YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract
You agree to this
User Agreement, and all of its terms and conditions, by visiting, browsing,
shopping, accessing or otherwise using the Site. These terms and conditions are
subject to change without prior notice at any time, in Lani Blue Stationery's sole
discretion. By visiting, browsing, shopping, accessing or otherwise using the
Site after a change has been posted to the Site, the Customer accepts that
change. Customers should check this User Agreement and the Privacy Pledge
frequently
Acceptance of Contract
Terms
This User Agreement,
and all of its terms and conditions, constitute a legal contract between you and
Lani Blue Stationery (References to "you" or "your" shall relate to a customer of
Lani Blue Stationery or other party that visits, browses, shops, accesses or otherwise
uses the Site (the "Customer"); references to "Lani Blue Stationery" shall relate to
Lani Blue Stationery and its affiliates.) By visiting, browsing, shopping, accessing or
otherwise using this site ("Site"), you acknowledge that you have read,
understood, and agree to be bound by this User Agreement and comply with all
applicable laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to this User Agreement, as it may be
changed by Lani Blue Stationery from time to time, do not use this Site. The material
provided on this Site is protected by law, including, but not limited to, United
States copyright law and international treaties. This Site is controlled and
operated by Lani Blue Stationery from its offices within the United States.
Lani Blue Stationery makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to them from territories
where their contents are illegal is not authorized. Those who choose to access
this Site from other locations do so on their own initiative and are responsible
for compliance with applicable local laws.
Any claim relating to, and the use
of, this Site and the materials contained herein is governed by the laws of the
state of CA without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in US County, CA
to hear any such claims.
Access, Interference and
Linking
Lani Blue Stationery grants
you a limited license to access and make personal use of the Site and not to
download (other than page caching) or modify it, or any portion of it, except as
provided below under "Use Restrictions," or with express written consent of
Lani Blue Stationery.
The following activity on the Site is expressly prohibited:
Any non-personal or commercial use of any robot, spider, other automatic device,
or manual process to monitor or copy portions of the Site or the content
contained herein without prior written permission by Lani Blue Stationery; collection
or use of any product listings, descriptions, or prices, from the Site for the
benefit of another merchant that supplies products competitive with or
comparable to those offered on the Site; and, Any use of, visits to, or other
action that imposes an unreasonable or disproportionately large load on the
Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license
granted by Lani Blue Stationery.
You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of the Site so long as
the link does not portray Lani Blue Stationery, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any Lani Blue Stationery logo or other proprietary graphic or trademark as
part of the link without express written permission.
Lani Blue Stationery does not
review or control third-party sites that link to or from the Site, and is not
responsible for the contents of any third-party sites linked to or from the
Site.
Use
Restrictions
The copyright in
all material provided on this Site is held by Lani Blue Stationery or by the original
creator of the material. Except as stated herein, none of the material may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the prior
written permission of Lani Blue Stationery or the copyright owner. Permission is
granted to display, copy, distribute and download the materials on this Site for
personal, non-commercial use only, provided you do not modify the materials and
that you retain all copyright and other proprietary notices contained in the
materials. This permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately destroy any
downloaded or printed materials. You also may not, without Lani Blue Stationery 's
prior written permission, "mirror" any material contained on this Site on any
other server. Any unauthorized use of any material contained on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
All trademarks and registered
trademarks are the sole property of their respective owners. Photographs
courtesy of respective manufacturers. Lani Blue Stationery and the Circle of Service
logo are trademarks of Lani Blue Stationery Copyright © 2002 Lani Blue Stationery.
Microsoft and the Passport Logo are either
registered trademarks or trademarks of Microsoft Corporation in the United
States and/or other countries and are used under license from
Microsoft.
Limitation of
Liability
UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL Lani Blue Stationery BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF Lani Blue Stationery OR A Lani Blue Stationery
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Arbitration
By accessing the Site and using the information therein
available and/or by purchasing any products or services made available through
this Site, you agree with Lani Blue Stationery, its service providers, agents,
employees, successors, assigns, affiliates, parents, subsidiaries and any
content provider or offer or of goods or services on this Site or through any
other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT
AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR
ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING
THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The
Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this User Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Ventura, CA. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete
arbitration.
Privacy
Please review our Privacy Notice, which also governs
your visit to this Site.
You are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. If you are under 18, you may use the Site only
with a parent or guardian. Lani Blue Stationery reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to
Lani Blue Stationery
Any communication or material you
transmit to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post may be used
by Lani Blue Stationery for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore,
Lani Blue Stationery is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to Lani Blue Stationery or the Site for any
purpose whatsoever, including but not limited to developing, manufacturing and
marketing products using such information.
Disagreement with These Terms
and Conditions
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
Lani Blue Stationery Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS
OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY
THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER
HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Lani Blue Stationery. IN WHICH
CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This
Legal Contract
This Sale Agreement is a legal
contract between the Customer and Lani Blue Stationery. The Customer accepts this Sale
Agreement by making a purchase, placing an order, or otherwise shopping on the
Site. (References to "you" or "your" shall relate to the Customer; references to
"Lani Blue Stationery" shall relate to Lani Blue Stationery and its affiliates.) The terms and
conditions of this Sale Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in
question.
This Sale Agreement constitutes the entire
agreement between the Customer and Lani Blue Stationery relating to the purchase or
sale of goods or services on the Site. The Sale Agreement may only be modified
or terminated with regard to goods or services that have been purchased or sold
on the Site in a writing signed by Lani Blue Stationery. Electronic records (including
signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which may be
provided via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting Lani Blue Stationery at the
address provided below.
In the event of any conflict between the
terms and conditions stated on your purchase order and this Sale Agreement or
any terms and conditions on our invoice, you agree that the provisions of this
Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF CA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
US COUNTY, CA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THIS SALE AGREEMENT.
Title; Risk of
Loss
Title to goods herein being purchased is
retained by the seller until goods are paid for by the purchaser and at that
time title passes to the purchaser. Loss or damage that occurs during shipping
by a carrier selected by Lani Blue Stationery is Lani Blue Stationery's responsibility. Loss
or damage that occurs during shipping by a carrier selected by Customer is
Customer's responsibility. Title to software will remain with the applicable
licensor(s).
Export Sales
If goods herein being purchased are being purchased for
purposes of export, the Customer must obtain from the federal government certain
export documentation before shipping to a foreign country. In addition,
manufacturers' warranties for exported goods may vary or even be null and void
for goods exported outside the United States. The Customer should inquire
further regarding any questions. Any and all liability is only for the products
purchased.
General Legal
Disclaimer
Lani Blue Stationery HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER BY Lani Blue Stationery IN NO WAY AFFECTS THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
Pricing and Information
Disclaimer
All pricing
subject to change. For all prices, products and offers, Lani Blue Stationery reserves
the right to make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements and other
extenuating circumstances. High volume bids are welcome!
While Lani Blue Stationery
uses reasonable efforts to include accurate and up-to-date information on the
Site, Lani Blue Stationery makes no warranties or representations as to the Site's
accuracy. Lani Blue Stationery assumes no liability or responsibility for any errors or
omissions in the content on the Site.
Limitation of
Liability
Lani Blue Stationery WILL NOT BE LIABLE FOR
LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR
PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Lani Blue Stationery WILL
NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST
OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO
THE PURCHASE OF PRODUCTS OR SERVICES, Lani Blue Stationery IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR
THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY,
COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to
this Sale Agreement, its interpretation, or the breach, termination or validity
thereof, the relationships which result from this Sale Agreement (including, to
the full extent permitted by applicable law, relationships with third parties
who are not signatories to this Sale Agreement), Lani Blue Stationery's advertising, or
any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Ventura, CA. Judgment on the award rendered by the arbitrator(s) may
be entered by any court having jurisdiction. Each party shall bear its own cost
of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest;
Taxes
Orders are not binding upon Lani Blue Stationery
until payment is accepted by Lani Blue Stationery. Terms of payment are within
Lani Blue Stationery's sole discretion. Invoices are due and payable at the time the
order is placed. Lani Blue Stationery may invoice parts of an order separately if you'd
like to add to your order after the initial order is placed. The Customer is
responsible for sales and all other taxes associated with the order.
Shipping Policy
Shipping and handling charges on all orders vary depending on
the weight and amount ordered; contact your Lani Blue Stationery account manager for
our most current and competitive rates, options and shipping specials. For the
Customer's protection, we ship only to the verified billing address of the
Customer's credit card. In some circumstances, international shipping may be
available. Call for details.
Return Policy
Due to the custom nature of our products there are NO
REFUNDS/Returns. Please contact us if you are unhappy with your order in anyway.
We want you to be happy and will do our best to remedy the
situation.