The following Terms and Conditions govern the business relationship between Pono Home, Inc., (“Pono Home” or “Company”) and the Customer or business (“Customer”), as of the day, month and year (“Effective Date”) that Customer first accesses the Pono Home Essentials order page.
Terms & Conditions
1. Responsibility of Customer.
Customer agrees to be responsible for cleaning, sterilizing, and drying any returned bottles or other containers, caps, pumps or other accoutrement involved in the ongoing business relationship with the Company. Customer takes full responsibility for cleaning all materials to the fullest extent possible, to their level of personal comfort, and in keeping with any local, state, and federal guidelines for the required and suggested cleanliness of personal care products. Customer also agrees to abide by the product expiration dates and cease all use of products beyond said expiration dates.
2. Inherent potential for harm.
The Customer acknowledges that the use of personal care products, along with the refilling of used bottles may present an inherent potential for harm to Customer’s health. By doing business with the Company, Customer agrees to hold harmless Pono Home, Inc., its officers, directors, employees, contractors, agents, subsidiaries, predecessors, assigns, owners, and acquirers, for any negative outcomes that may result from doing business with the company. The Company and Customer both desire to enter into an agreement to this regard, and the Customer affirms that he or she understands all the provisions contained in this Agreement, and in the case that he or she requires clarification as to one or more of the provisions contained herein, he or she has requested clarification or otherwise sought legal guidance.
3. Term and Termination.
This Agreement shall become effective on the Effective Date and/or the date this form is submitted, whichever is earliest. If Customer chooses to later opt out of this Agreement, Customer agrees to immediately cease the use of any Pono Home products or services and return all products and materials to the Company , and inform the Company in writing (email to firstname.lastname@example.org). No future business may be conducted between the Customer and the Company without an additional contract signed by both parties.
We encourage you to contact us if you have an issue of any kind. If a dispute arises out of the terms of this Agreement or its interpretation, related to your use of our products or services, and it can’t be resolved after talking with us, then it must be settled in arbitration between the parties and/or their representatives. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms, you are waiving your right to trial by jury or to participate in a class action or representative proceeding. We are also waiving these rights (we believe in fairness!).
We follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for all arbitrations done under these terms. If any portion of these terms do not follow that standard, that portion is severed from these terms. This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.
5. Customer Representations and Warranties.
Beginning on the Effective Date and continuing for the entire duration of any engagement between Customer and the Company, including but not limited to the use of any products the company sells, the Customer acknowledges and attests that he or she is a) fully authorized and empowered to enter into this Agreement, b) is eighteen (18) years of age or older, c) is the person using this form and accurately representing themself as such, and d) purchasing products that will only be used by the Customer and no other person. If Customer shares, intentionally or unintentionally, any of the products sold by the Company with other members of the Customer’s household, or any individuals associated with the Customer that may come into interaction with the products or services, Customer agrees to assume full legal responsibility for these uses and hold Company harmless for any of these uses or any outcomes that may result, including nicer feeling and cleaner hair, but also including any unintended and potentially less beneficial consequences.
The Customer agrees that the Company shall not be responsible for any negative outcomes incurred by any use of the Company’s products. Except with respect to the parties’ indemnification obligations, neither party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this agreement, including bodily injury, death, loss of revenue, or profits or other benefits, and claims by any third party, even if the parties have not been advised of the possibility of such damages. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability and other torts.
7. Disclaimer of warranty.
The warranties contained herein and in any addenda are the only warranties made by the parties hereunder. Each party makes no other warranty, whether express or implied and expressly excludes and disclaims all other warranties and representations of any kind, including any warranties of merchantability, fitness for a particular purpose, title and non-infringement. Company does not provide any warranty that operation of any services hereunder will be uninterrupted or error-free.
Customer agrees to indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Customer’s experiences of and use of any of Company’s products or services under this Agreement. This provision shall survive the duration of this Agreement.
9. Governing law and jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the state of Hawaii without any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement shall only be brought, tried, and resolved in the applicable federal or state institutions having jurisdiction in the state of Hawaii.
10. Waiver of rights.
A failure or delay in exercising any right, power, or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power, or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power, or privilege or the exercise of any other right, power, or privilege.
If any clause of this contract is found to be invalid for any reason, both parties agree it will not invalidate any other clauses or aspects of the rest of the contract.
12. Entire Understanding.
This document and any attached Appendices constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.