Terms & Conditions

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Buying Direct

Get Hawai‘i Stuff Straight From Hawai‘i Vendors

 

LeiHut is an online mall of Hawai‘i products in which customers buy direct from vendors. Vendors fill order requests directly including packing, shipping, returns and customer service.

In order to have products on LeiHut, vendors agree to a 100% Satisfaction Guarantee in which LeiHut can act as an intermediary between customer and vendor when necessary to resolve issues. If you experience any issues related to vendor services, feel free to Contact Us

By using the LeiHut.com website (“LeiHut” or “Service”), you (“User”) agree to be bound by the following terms and conditions (“Terms of Use” or “Agreement”). To make use of the LeiHut service, read these Terms of Use and indicate your acceptance of them by using the Service. If you are a LeiHut Vendor, please see Vendor Terms & Conditions

This Agreement sets forth legally binding terms that govern your use of LeiHut and your use of the Service and may be modified by the Parent Company publisher of LeiHut, StoryManager, Inc. (“StoryManager”) from time to time which will become effective upon posting on the Website. This Agreement includes StoryManager’s Acceptable Use Policy for Content Posted on the Website, StoryManager’s Privacy Policy, and any notices regarding the Service.

 

The LeiHut Mall

LeiHut is an online marketplace that allows local Hawaii-based businesses ("Vendors") to offer and sell goods to purchasing public users ("Users"). Transactions resulting from use of the Service are direct agreements between buying and selling Vendors and Users and LeiHut is not directly involved in such agreements or transactions. As a result, LeiHut has no control over the quality, safety, legality or morality of any aspect of listed items, the truth or accuracy of listings, or the ability of Vendors to sell items.

Further, LeiHut cannot and does not ensure that a buyer or seller will honor or complete a transaction. Consequently, LeiHut cannot guarantee the identity, age or nationality of a user and does not transfer legal ownership of items from the seller to the buyer. You are encouraged to communicate directly with transaction partners through the tools available on the Service.

You agree that LeiHut is merely a marketplace and as such is not responsible or liable for any user-contributed content including usernames, text, data, graphics, photographs, audio, video and/or links posted by you, other users, or outside parties. You use the LeiHut Service at your own risk.

 

User Eligibility

Age Minimum: LeiHut may only be used by individuals 18 years and older who are eligible to form legally binding contracts under applicable law. Individuals under the age of 18 are permitted to use LeiHut only under adult supervision of a parent or legal guardian in which case, the adult is deemed the user and is therefore responsible for any and all activities.

Legal Compliance: You agree to comply with all applicable laws including conduct and content regulations and being responsible for all applicable taxes.

Account Information: You agree to keep your account information accurate and secure at all times, including a valid email address.

Account Transfer: You may not transfer or sell your LeiHut account and User ID to another party.

Entity Representation: If you are registering as a business entity, you personally guarantee that you have the authority to enter into this Agreement on behalf of the entity.

Account Security: You are solely responsible for selecting a secure password and keeping it secure if you open a LeiHut account. You are also solely and fully responsible for all resulting activities, liabilities and damages for any failure to maintain password confidentiality. You agree that LeiHut cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. In the event of any unauthorized use of your password or any breach of security, you also agree to immediately notify LeiHut.

Reservation of Rights: LeiHut reserves the right, in its sole discretion, to refuse service to anyone for any reason at any time, to cancel any account including but not limited to unconfirmed or inactive accounts, and to suspend any account.

 

Information Control

LeiHut does not control the Content provided by Users and Vendors that is made available on LeiHut. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. If you don't like it, look away or Contact Us.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using LeiHut, you agree to accept such risks and that LeiHut (and LeiHut's parent company, officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on LeiHut. Please use caution, common sense, and practice safe buying and selling when using LeiHut.

Other Resources: LeiHut is not responsible for the availability of outside websites or resources linked to or referenced on the Site. LeiHut does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that LeiHut shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

 

Resolution of Disputes & Release

In the event a dispute arises between you and a LeiHut Vendor, please Contact Us.

Should you have a dispute with one or more Users, Vendors, or an outside party, you release LeiHut (and LeiHut's parent company, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. LeiHut encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

LeiHut, for the benefit of users, may try to help users resolve disputes. LeiHut does so in LeiHut's sole discretion, and LeiHut has no obligation to resolve disputes between users or between users and outside parties. To the extent that LeiHut attempts to resolve a dispute, LeiHut will do so in good faith based solely on LeiHut's policies. LeiHut will not make judgments regarding legal issues or claims.

 

LeiHut's Intellectual Property

LeiHut, and other LeiHut graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of LeiHut, Inc. in the U.S. and/or other countries. LeiHut's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

 

Access & Interference

Much of the information on LeiHut is updated on a real-time basis and is proprietary or is licensed to LeiHut by LeiHut's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access LeiHut for any purpose without LeiHut's prior express written permission. Additionally, you agree that you will not:

a. Take any action that imposes, or may impose, in LeiHut's sole discretion, an unreasonable or disproportionately large load on LeiHut's infrastructure

b. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of LeiHut and the appropriate third party, as applicable

c. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

 

Breach

Without limiting any other remedies, LeiHut may, without notice, and without refunding any fees, delay or immediately remove Content, warn LeiHut's community of a user's actions, issue a warning to a User or Vendor, temporarily suspend any User or Vendor, temporarily or indefinitely suspend a User's or Vendor’s account privileges, terminate a User's or Vendor’s account, prohibit access to the Site, and take technical and legal steps to keep a user or vendor off the Site and refuse to provide services to a User or Vendor if any of the following apply:

LeiHut suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a User or Vendor has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; LeiHut is unable to verify or authenticate any of your personal information or Content; Or LeiHut believes that a User or Vendor is acting inconsistently with the letter or spirit of LeiHut's policies, has engaged in improper or fraudulent activity in connection with LeiHut or the actions may cause legal liability or financial loss to LeiHut's Users, Vendors or to LeiHut.

 

Privacy

Except as provided in LeiHut's Privacy Policy, LeiHut will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. LeiHut stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

 

No Warranty

LEIHUT, LEIHUT’S PARENT COMPANY, LEIHUT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND LEIHUT'S VENDORS PROVIDE LEIHUT'S WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LEIHUT, LEIHUT’S PARENT COMPANY, LEIHUT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LEIHUT'S VENDORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LEIHUT SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU AND IF SO, YOU AGREE THAT MINIMUM WARRANTY PROVISIONS FOR YOUR LOCALITY SHALL GOVERN. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

Liability Limit

IN NO EVENT SHALL LEIHUT, AND (AS APPLICABLE) LEIHUT’S PARENT COMPANY, LEIHUT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR LEIHUT'S VENDORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF LEIHUT, LEIHUT'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. LEIHUT'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LEIHUT'S PARENT COMPANY, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND VENDORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO LEIHUT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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 AND IF SO, YOU AGREE THAT MINIMUM LIABILITY PROVISIONS FOR YOUR LOCALITY SHALL GOVERN.

 

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD LEIHUT AND (AS APPLICABLE) LEIHUT'S PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 

No Service Guaranty

LeiHut does not guarantee continuous, uninterrupted access to the Service, and operation of the Service may be interfered with by numerous factors outside LeiHut's control.

 

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of LeiHut's service and your listing, purchase, solicitation of offers to purchase, and sale of items.

 

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

 

No Agency

Vendors on LeiHut and LeiHut are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

 

LeiHut Service

LeiHut reserves the right to modify or terminate the LeiHut service for any reason, without notice, at any time. LeiHut reserves the right to alter these Terms of Use or other Site policies at any time. Please check back from time to time to ensure that you are aware of current LeiHut Terms of Use.

 

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Hawai‘i and disputes arising under this Agreement will be adjudicated by the courts of the State of Hawai‘i.

 

Arbitration

Users, Vendors and LeiHut all agree herein to submit any dispute arising out of or in connection with this Agreement to binding arbitration in Honolulu, Hawai‘i before the American Arbitration Association pursuant to the provisions of this Section, and, to the extent not inconsistent with this Section, the rules of the American Arbitration Association. The parties agree that such arbitration will be in lieu of either party’s rights to assert any claim, demand or suit in any court action, provided that either party may elect either binding arbitration or a court action with respect to a breach by the other party of such party’s proprietary rights, including without limitation any trade secrets, copyrights or trademarks. Any arbitration shall be final and binding and the arbitrator’s order will be enforceable in any court of competent jurisdiction.

 

Survival

The following Sections shall survive any termination or expiration of this Agreement: Information Control, Resolution of Dispute & Release, LeiHut's Intellectual Property, Access & Interference, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Service Guaranty, Severability, No Agency, Choice of Law, and Arbitration.

 

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to LeiHut.com, ℅ StoryManager, Inc. 1012 18th Ave. Honolulu, HI 96816 (in the case of LeiHut) or, in your case, to the email address you provide to LeiHut (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, LeiHut may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to LeiHut. In such case, notice shall be deemed given three days after the date of mailing.

 

Disclosures

The services hereunder are offered by StoryManager, Inc., located at 1012 18th Ave. Honolulu, HI 96816.

End Terms