Terms of service
Welcome to the website of MAUI TEA SHACK LLC, a Hawaii Limited Liability Company. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
MAUI TEA SHACK LLC, a Hawaii Limited Liability Company (“MAUI TEA SHACK” “us” or “we”) owns and operates this website and any other web services or products offered by MAUI TEA SHACK now or in the future, including, but not limited to, its related social media platforms. By accessing, using, downloading, viewing this website, or any of its services, products, e-courses, programs, resources, or Content, (defined below), (collectively, the “Site”), you hereby consent and agree to these terms and conditions (“Terms of Use”). The Terms of Use and Privacy Policy (INSERT PP LINK) (collectively, the “Terms”) govern your use of the Site, and other free materials and resources provided by the Site, and any other services or products we make available on this Site (collectively, the “Services”). These Terms constitute a legally binding agreement made by and between MAUI TEA SHACK and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
If you do not agree to these Terms and to follow all applicable laws, then please cease access or use of the Site and Services immediately.
If you have any questions about these Terms, please contact us by email at aloha@mauiteashack.com.
If you access any MAUI TEA SHACK on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest), you also consent to and agree to abide by the terms and conditions of that social media network.
MAUI TEA SHACK IS NOT A MEDICAL PRACTICE
No aspect of MAUI TEA SHACK’S Products or Services are meant to be a substitute for professional advice from your professional care provider and MAUI TEA SHACK makes no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or instruction provided through the Services. You are encouraged to consult with your healthcare provider or other professional care provider with any questions or concerns you may have regarding any health condition or any other condition that you may have before taking any action or engaging in any activity or program, including MAUI TEA SHACK'S Products and Services.
You acknowledge and agree that when taking any action or participating in any activity, routine or program that may be described in the Services that there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical or other professional advice or delay seeking it. MAUI TEA SHACK'S Services should not be used in lieu of professional advice given by qualified medical professionals such as your doctor or other professional care provider. It is important that the Services are used only in conjunction with qualified medical guidance and guidance provided by other applicable professional care providers.
You hereby release MAUI TEA SHACK to waive any and all claims against MAUI TEA SHACK for any damages you may incur arising out of or related to your use of MAUI TEA SHACK'S consulting Services, Site, or Products. You further agree to indemnify and hold harmless MAUI TEA SHACK from any damages, liabilities, losses, or other claims incurred by MAUI TEA SHACK and arising out of or related to your use of MAUI TEA SHACK'S consulting Services, Site, or Products.
Food and Drug Administration. The statements on this website have not been evaluated by the Food and Drug Administration. Our herbal supplements are intendedare not intended to diagnose, treat, cure, or prevent any disease. Consult your doctor prior to use if you are pregnant or breastfeeding.
Please note that the information provided on this website is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding a medical condition.
Products and/or Services. Through the Site, certain products, programs, e-courses, and consulting services may be offered for purchase, all of which are referred to as the “Products and/or Services”. The fees for such Products and/or Services are as listed on the Site. All fees are due at the time of booking the Products and/or Services unless otherwise indicated on the Site, and Maui Tea Shack will have no obligation to provide Products and/or Services until such fees are paid. All Products and/or Services are subject to these Terms of Use.
Products and/or Services Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
Availability and Pricing. Maui Tea Shack reserves the right to change the prices and available Products and/or Services at any time. Quantities of some Products and/or Services may be limited and availability cannot always be guaranteed. Products and/or Services offered for sale on this Site are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a Service’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Purchasing Products and Services. The display of Products and/or Services on the Site invites you to make an offer to purchase the Products and/or Services. Your order is an offer to buy the Products and/or Services, which we accept only by providing the Products and/or Services or confirming your request for Products and/or Services. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction for any reason.
Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Service is unavailable or if the date of Services need to be rescheduled. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar Products or Services to fulfill your order.
Returns. We do not allow returns or substitutions of Products and/or Services. All sales are final.
Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Products and/or Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Products and/or Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Personal Use Only. Products and/or Services are for your personal use only. You agree not sell or resell any Products and/or Services you purchase.
No Harassment. You agree to treat Maui Tea Shack and its principals, employees, and contractors in a professional capacity at all times, and Maui Tea Shack reserves the right to suspend and terminate Services to you at any time without refund in the event Maui Tea Shack feels unsafe or uncomfortable in any way.
Group Sessions. If the Services include any group sessions with third-party participants, you agree to not disclose, authorize disclosure, publish, post, circulate or otherwise disseminate any information learned, disclosed or obtained of any kind, relating directly or indirectly to any third-party participants present at the Services (“Confidential Information”). You further acknowledge and agree that although confidentiality is generally required of all group session participants, Maui Tea Shack cannot guarantee that third-party participants present at the Services will maintain confidentiality of any information you share, and you hereby release Maui Tea Shack from any and all claims associated with the disclosure of information you share at group sessions by a third-party participant.
Questions? If you have questions, please contact us at:
aloha@mauiteashack.com
DISPUTES
Subject to applicable law, you and Maui Tea Shack agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Maui Tea Shack in any way will be resolved in accordance with the provisions set forth in this Section.
Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at aloha@mauiteashack.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Maui Tea Shack user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions. There are only two exceptions to this arbitration agreement:
First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Maui Tea Shack will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Maui Tea Shack is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against MAUI TEA SHACK prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and MAUI TEA SHACK. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and MAUI TEA SHACK must be resolved exclusively by a state or federal court located in Maui County, Hawaii. You and MAUI TEA SHACK agree to submit to the personal jurisdiction of the courts located within Maui County, Hawaii for the purpose of litigating all such claims or disputes.
OPT-OUT. IF YOU ARE A NEW MAUI TEA SHACK USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO aloha@mauiteashack.com ("OPT-OUT NOTICE"): MAUI TEA SHACK. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW MAUI TEA SHACK USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: aloha@mauiteashack.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold MAUI TEA SHACK and all of our officers, directors, mangers, members, employees, agents, information providers, affiliates, partners, and licensors (“MAUI TEA SHACK Party,” or collectively, the “MAUI TEA SHACK Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any MAUI TEA SHACK Party arising from, related to, or in connection with (a) a violation of any provision of these Terms by you; or (b) arising from, related to, or connected with your violation of the rights of MAUI TEA SHACK or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.
WARRANTIES & DISCLAIMERS
Service Outages and Force Majeure. Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall MAUI TEA SHACK or its licensor or service providers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that MAUI TEA SHACK may not disclaim under law.
USE OF SITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT OR COURSES ON OUR SITE. OUR SITE, CONTENT AND SESSIONS ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (I) OUR SITE, SERVICES, OR COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, COURSES, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT AND COURSES. MAUI TEA SHACK ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS. NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT MAUI TEA SHACK MAY NOT DISCLAIM UNDER APPLICABLE LAW.
NO RESPONSIBILITY FOR THIRD-PARTY PRODUCTS SERVICES AND MATERIALS. MAUI TEA SHACK DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND MAUI TEA SHACK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MAUI TEA SHACK WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
LIMITATION OF LIABILITY
NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL MAUI TEA SHACK, AND MAUI TEA SHACK PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, COURSES, PODCASTS, CONTENT OR PRODUCTS, EVEN IF MAUI TEA SHACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT MAUI TEA SHACK MAY NOT EXCLUDE UNDER APPLICABLE LAW.
OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES OR PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT MAUI TEA SHACK MAY NOT EXCLUDE UNDER APPLICABLE LAW.
TERMINATION & SURVIVAL
Term. These Terms are effective unless and until terminated by us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
Suspension and Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.
Survival. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, Dispute and any and all others that by their sense and context are intended to survive the termination or expiration of the Agreement shall survive.
GENERAL TERMS
No Waiver; Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these terms are intended to extend to the fullest extent permitted by law. No waiver of any term of these Terms will be binding unless in writing.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Applicable Law. These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of Hawaii and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Maui County, Hawaii, if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Headings. The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.
Notice. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: aloha@mauiteashack.com
Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and MAUI TEA SHACK and govern your use of the Site and Services and supersede any prior agreements between you and MAUI TEA SHACK on the subject matter. You may also be subject to additional terms when you use certain MAUI TEA SHACK third party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by MAUI TEA SHACK without restriction. These Terms bind and insure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of MAUI TEA SHACK. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Notice to California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States of America. The Site is controlled and offered by MAUI TEA SHACK from the United States of America. MAUI TEA SHACK makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
ADA COMPLIANCE
MAI TEA SHACK LLC is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability.
We aim to comply with all applicable standards, including WCAG standards. While we are committed to making our web site accessible to any and all users, we recognize that not all pages may be ADA compliant at this time. We welcome comments on how to improve the site’s accessibility for users with disabilities. If we become aware of content that does not conform to the WCAG guidelines, we will make reasonable good faith efforts to make the content conform to the standards. If you experience any difficulty in accessing any part of this website, please contact us by e-mail at aloha@mauiteashack.com.
Last Updated: April 10, 2024