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Term of Service

Terms of Service

  1. Introduction

Welcome to the website of Focus SUP Hawaii.  These are our terms of service.  Please read these terms before going to more of our website, viewing our products or using our services.  Visiting or using our website is voluntary by you.  By visiting our website or any of the information, resources, services, products or tools we provide, you agree to our terms.

  1. You Accept the Terms

These terms state your obligations, restrict your rights and remedies and provide rights and protections to us regarding visiting this website, purchase of our products or use of our services. The terms include warranty disclaimers and limitations and exclusions of liability. By visiting or obtaining any product or service through our website, you agree to be bound by these terms.  You acknowledge and agree this is fair because the website is available to you conveniently; and if you don’t agree or don’t want to accept these terms, you can easily choose to not visit the website. If you do not agree, or if anything is not in these terms that you consider essential, you can choose to not use our website.

  1. About Us

We are Focus SUP Hawaii. Focus SUP Hawaii is the business name of Ambar Outdoor, LLC, a California limited liability company.  Our address, which is a way to reach us as an alternative to using our website, is 8225 Remmet Ave., Canoga Park, CA 91304.

  1. Shipping to United States

We ship to all 50 states; Washington, DC; U.S. territories; and APO/FPO/DPO addresses. Shipping methods offered at checkout may differ based on shipping address and items chosen. Orders may be delivered by UPS, FedEx, U.S. Postal Service (USPS) or other service we choose. Orders that qualify for free shipping and handling will receive free shipping and handling for addresses only in the contiguous 48 states and DC. Additional charges apply to addresses in Hawaii or Alaska.

  1. Shipping to International Destinations

We ship qualified orders to Canada, Mexico, and other international destinations by UPS Worldwide Express, USPS international services or other service we choose. Due to territorial restrictions, some products cannot be shipped internationally. We’ll try to notify you when an order cannot be shipped due to territorial restrictions.

  1. Shipping Charges

Shipping and handling charges are per product and per address. Shipping charges are calculated and displayed for review in the shopping cart prior to order completion.

  1. Access to Our Website

Access to our website is permitted to you only on a temporary basis. We reserve the right to modify any content or functionality at any time, without notice. We will not be liable if for any reason our website is unavailable for any period, whether or not unavailability was in our control. From time to time, we may restrict access to parts of our website, or our entire website.

 

Accessing or attempting to access services or functions of our website by any means other than means we provide, is prohibited. You agree not to access or try to access any services or functions of our website through automated, unlawful, unethical or unconventional means.

  1. Requirement to Comply with Terms

 

You must use our Website only according to these terms.

 

  1. Acceptable Use

You may use our website only for lawful purposes. You must not use our website: any way that violates federal, state or local law or regulation; any way that has unlawful or fraudulent purpose or effect; to harm or try to harm us or any person or entity; any way that could disable, overburden, damage or impair our website or interfere with anyone’s use of our website.  You agree not to reproduce, duplicate, copy, sell, re-sell or purport to re-sell any part of our website, or any service available through our website and not to access without authority, interfere with, damage or disrupt any part of our website or any software used in our website or equipment or network or software owned or used by any third party.

 

  1. Our Remedies.

 

Violating our terms may result in us: blocking your access to our website; bringing legal action; withholding any order(s); declining any transaction(s) with you; notifying police and other government authorities; us seeking and obtaining recovery of damages; and us exercising and obtaining any and all additional available rights and remedies. If we determine a breach of the Acceptable Use Provisions or any of these terms may have occurred through your use of our website, or your activity(s), or if we suspect this, we may take remedial, corrective and/or preventive action(s) we deem appropriate.

 

  1. Accessibility

 

You are responsible to make any arrangements needed for you to access our website and to ensure that anyone who accesses our website through your internet connection is aware of these terms, and complies with them.

 

  1. Consent to Provide Information

To access some services in our website, like making a purchase, you may be required to provide information about yourself, for example, identification and contact details. Your device may automatically provide us information. You consent to us receiving information you or your device provides. You agree to make sure all information you provide is true, accurate, correct and up to date.

To see our policy on receipt, use and maintenance of information about you, you can visit our Privacy Policy by clicking here. You agree our Privacy Policy is a statement what we try to do, but is not a contractual obligation by us.

  1. Confidentiality.

You are responsible to maintain confidentiality of login information (such as username, password, etc.) associated with any account you establish with us.

  1. You Are Responsible

You agree to be responsible for all activities that occur under any account you establish with us and for all consequences, losses, or damages we may incur or suffer directly or indirectly due to unauthorized activity(s) by you, or by anyone else, under any account you establish with us.

  1. Comments and Communications

Our website may provide communication tools, like blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews and social media services.  Typically (not necessarily always) we do not pre-screen or monitor content posted by users of these communication tools. Submitting content and viewing content are voluntary. 

If you choose to use these tools or participate in these communications whether by submitting content, posting, viewing, responding or some other communication, you must use the tools lawfully, ethically and responsibly. You agree not to contribute, add, post, share or any other way generate or distribute content that:

  1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, sexist, discriminatory or contains any type of suggestive, inappropriate, or explicit language;
  2. infringes, misappropriates or violates any trademark, patent, trade secret, copyright, personality right or other right of any person or entity;

    iii. contains any type of unauthorized or unsolicited advertising;

  1. impersonates a person or entity, including any Focus SUP Hawaii employee or representative.

We have the right in our discretion to remove, in whole or in part, any content we feel in our judgment does not comply with these terms or we feel may be offensive, harmful, objectionable, inaccurate or may violate anyone’s rights. We can do this even if you or others disagree with our judgment.

We do not assure you that content posted by others will be accurate, will not offend or harm you, will not violate your rights or will not be objectionable to you for other reasons. We do not promise to remove any content. We will not be liable for content posted by others or by you or for allowing content to remain on our website or for removal of content.

We are not responsible for posting or appearance of, or for removal of or for delay or failure in removing content. You consent to and you waive any claim for us taking or not taking any of these actions.

  1. Ownership of Content, Trademarks and Copyrights

Much of the content in our website is owned by or licensed to us and is protected by U.S. and international copyright laws. This includes text, images, artwork and all other content, elements and aspects of our website. We retain all rights to the contents. The contents of our website may not be reproduced, transmitted, displayed or distributed, in any form or by any means, including, without limitation, electronic, mechanical, photocopying or otherwise, without prior written consent from us, except as follows: We do not object to contents appearing on your user screen or you saving small portions for your personal reference, or sharing a small portion with a friend or acquaintance for informational purposes. Any other copying, distribution, retransmission or modification of information or materials on our website, whether in electronic or hard copy, without our express prior written consent is prohibited.

Any content posted by you using open communication tools on our website,  becomes property of Focus SUP Hawaii.  In case, despite this transfer, any rights remain in your possession, you consent to and give us a perpetual, irrevocable, worldwide, royalty-free, transferable exclusive license to reproduce, modify, adapt, translate, publish, publicly display, distribute, sublicense, and/or delete it when and as we choose. This refers and applies only to content posted by open communication tools and does not refer to information provided as part of the registration process, necessary to use our resources. Information provided in our registration process is covered by our Privacy Policy.

Focus SUP Hawaii and other trademarks and service marks (including logos and designs) on our website are our trademarks or service marks.  Other trademarks, logos and designs are trademarks of specified other companies and organizations and their goods or services. The marks may not be used without our or the other company or organization’s prior written consent.

 

All content and materials available on this website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Focus SUP Hawaii, and are protected by copyright and trademark laws. Inappropriate use, including but not limited to reproduction, distribution, display or transmission of content on this website, is prohibited, unless specifically authorized in advance, in writing by Focus SUP Hawaii.

  1. Privacy Policy

We collect and use various information in various ways.  These include collection and use of information beyond what is stated in these terms. More information about our collection and uses of information are described in our Privacy Policy, which you can access by clicking here.

  1. Children

 

The Website is not directed to persons under 18 years of age.  Persons under age 18 must not use the website or services offered or submit any individually identifiable information about themselves.

 

  1. LIMITATION AND DISCLAIMER OF WARRANTY

UNLESS OTHERWISE EXPRESSED, FOCUS SUP HAWAII DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

You can read our Limited Warranties by clicking here: https://focussup.com/warranty/.

  1. Disclaimers and Limitations of Liability

THE CONTENTS OF OUR WEB SITE ARE PROVIDED "AS IS."  WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY CONTENT, OR ACCESSIBILITY OF OUR WEB SITE.

AS EXAMPLES, WE DO NOT WARRANT THAT ACCESS WILL BE AVAILABLE ALL TIMES, OR WILL BE FREE FROM INTERRUPTION OR OTHER DISRUPTION OR THAT INFORMATION WILL BE COMPLETE, UP TO DATE OR FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHIC OR OTHER ERRORS; OR THAT OUR WEBSITE OR ANY SERVER IS FREE FROM VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER CONTENT OR ELEMENTS THAT ARE MALICIOUS OR HARMFUL OR FREE FROM DELAY OR FAILURE TO PERFORM WHETHER DUE TO OR CAUSED BY FACTORS WITHIN OR BEYOND OUR CONTROL.

YOU AGREE WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PHYSICAL INJURY, LOSS OF CONSORTIUM, DISCLOSURE OF PRIVATE INFORMATION; PROPERTY DAMAGE OR LOSS, OR OTHER INJURY OR DAMAGE OR LOSS OF USE OF ANY PROPERTY OR DEVICE OR LOST EARNING(S), INCOME OR PROFIT ARISING FROM YOUR USE OF OUR WEBSITE OR SERVICE, OR USE OF OUR PRODUCT(S), EVEN IF THERE IS NEGLIGENCE OR OTHER CULPABLE ACT OR OMISSION BY US AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE. YOUR SOLE REMEDY FOR A CLAIM OF ANY KIND OR NATURE THAT WE ARE UNABLE TO CURE AFTER REASONABLE NOTICE FROM YOU AND OPPORTUNITY TO CURE, SHALL BE YOUR ELECTION TO NO LONGER USE OUR WEBSITE, SERVICE AND/OR PRODUCT.

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF EARNING(S), REVENUE, PROFIT, DATA, OR OTHER DAMAGE OR LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, CONTENT ON THIS WEB SITE, ANY SERVICE OR PRODUCT YOU OBTAIN THROUGH THE USE OF THIS WEB SITE, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY (BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR OUR PRODUCTS AND/OR SERVICES. FOCUS SUP HAWAII WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR WEBSITE OR PRODUCT OR SERVICE, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES BEYOND THE AMOUNT YOU PAID FOR OUR PRODUCTS AND/OR SERVICES EXCEED $125 U.S. DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ON BEHALF OF YOURSELF, THE FAMILY OR PERSON(S) AND/OR ENTITY YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, AGREE TO AND HEREBY RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR INCIDENTAL, SPECIAL, INDIRECT, ACTUAL AND/OR CONSEQUENTIAL DAMAGES, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR USE OF THIS WEB SITE; SERVICES OR PRODUCTS YOU OBTAIN  THROUGH USE OF THIS WEB SITE; INACCURACY OR INCOMPLETENESS OF ANY AND ALL CONTENT OBTAINED OR ACCESSED BY OR THROUGH THIS WEB SITE; OR USE OR EXPOSURE OR RELEASE OF INFORMATION YOU PROVIDED US THROUGH THIS WEB SITE.

These Terms of Service do not affect your statutory rights as a consumer.

  1. Services and Products “As Is.”

By using our website, you understand and agree that all content, information, services and products provided are “as is” and “as available.” Some examples (though not the entirety) of what this means, are that we do not represent or warrant to you that:

  1. i) use of our website will meet your needs or requirements.
  2. ii) use of our website will be uninterrupted, timely, secure or free from errors.

iii) information obtained by using our website will be accurate or reliable, and/or

  1. iv) any defects in the operation or functionality of any of our website will be repaired or corrected.

Please refer to our warranty page for any claims: https://focussup.com/warranty/.

Further, you understand and agree that:

  1. v) any content downloaded or otherwise obtained through the use of our website is at your own discretion and risk, and you are solely responsible for any damage to your computer or other device and any loss of data that may result from the download of such content.
  2. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Focus SUP Hawaii or through our website shall create any warranty, guarantee, or conditions of any kind, except those expressly in these Terms of Service.
  3. Indemnity

You agree to indemnify and hold harmless Focus SUP Hawaii and its shareholders, directors, officers, employees and contractors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any breach by you of these Terms of Service or failure by you to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Services. You must provide us with such cooperation as we reasonably request.

  1. Law and Forum

We are located in Canoga Park, California.  By using the website you are visiting us and using our services in California. We are not reaching out to or visiting you where you are. These terms will be interpreted and construed according to California law applicable to agreements entered into and to be performed entirely within California and thus excluding and without regard for conflict of law provisions. Any action under or to enforce, interpret or apply these Terms of Service shall be brought in the federal or state courts located in Los Angeles County, California You agree to personal jurisdiction and venue of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

  1. Time Limit to Bring Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the website or our service or product must be commenced within one (1) year after the claim or cause of action accrues.  Otherwise, the claim or cause of action is permanently barred.

  1. No Collective, Class Wide or Joined Claims

You agree neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action

  1. Waiver

Our failure or delay of enforcing any of these Terms of Service shall not be a waiver of our right later to enforce each and every term of these Terms of Service.  Any waiver by us on any one or more occasions will not be construed to be a waiver of any succeeding or other breach.

  1. Location

We make no representation that any of our content is appropriate or available for use in any particular location or jurisdiction. You are responsible to comply with local laws, including laws on viewing or receipt of contents of our website and transmission of technical data exported from the USA or the state, territory or locality where you are located. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PART OF OUR SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.

  1. Third Party Beneficiaries

These terms are between you and Focus SUP Hawaii and not for the benefit of any other person or entity, except that the persons described in the Indemnity provision (Section 22) are third party beneficiaries, entitled to the benefit of such provision. The terms we enter into with other persons or entities (even if the same as these terms) are not for your benefit.  We do not promise you that we will or can enforce our restrictions or prohibitions or any terms, against any other person or entity.  YOU ASSUME THE RISK THAT OTHER PERSONS WILL VIOLATE OUR TERMS WHICH MAY OFFEND, DAMAGE AND/OR INJURE YOU.

  1. Other Provisions

Each provision in these Terms of Service is severable.  If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of remaining provisions.  The headings in these terms are only for convenience to make it easier to locate particular terms. The headings are not to be used to interpret these terms.  These terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us. Waiver of any term or condition on one occasion is not a waiver as to other occasions.

  1. Terms May Change

We do not assure that pricing, special offers or any terms are or will be available for any particular length of time.  We reserve the right to change these Terms of Service from time to time, without prior notice. We will post changes on this page. You acknowledge and agree it is your responsibility to review these terms periodically to familiarize yourself with any modifications. Your use of this website after modifications are your acknowledgment and agreement to the modified terms.

If we change our terms, we will post the changes in these Terms of Service and other places we deem appropriate so you can be aware of the changes.  If we make material changes to the terms, we will notify you here or by means of a notice on our home page.

  1. Contact us

If you have any questions or suggestions, please contact us. You may contact us by sending an e-mail to info@focussup.com, or writing to us at Focus SUP 8225 Remmet Ave., Canoga Park, CA 91304 for all questions.  We'll make a reasonable effort to consider, and if we deem appropriate seek to address your concerns and try to remedy a problem you bring to our attention.  We do not assure any level of effort or that we will be able to do so.

  1. California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to law enforcement authorities. On suspension or termination, your right to use the website will immediately end. We reserve the right to remove or delete any information you may have on file with us, including any account or login information.

  1. Contact Information

If you have questions or comments about our Terms of Service, you can contact us at:

Focus SUP Hawaii

8225 Remmet Ave.

Canoga Park, California 91304

 

Copyright 2020 Focus SUP Hawaii

 

Last Revised April 5, 2021

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