Introduction
Welcome to Hokku Designs® Sofa, Sectional, Desk, Dining Table!
These Terms and Conditions (“Terms”) govern your access to and use of our website hokku-designs.com (the “Site”) and our online store services (the “Services”), provided by Hokku Designs®.
Please read these Terms carefully before using our Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms and all applicable laws, rules, and regulations. If you do not agree to these Terms, you may not access or use the Site or Services.
Acceptance of Terms
By creating an account, accessing any part of the Site, or using the Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Site or Services.
If you access or use the Site or Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that company or entity to these Terms. In that case, “you” and “your” will refer to that entity or company.
Modification of Terms
We may modify these Terms at any time, and such modification will be effective immediately upon posting the modified Terms on the Site. By continuing to access or use the Site or Services, you confirm your acceptance of the modified Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to and use of the Site and Services. If you do not agree to the modified Terms, you must stop accessing and using the Site and Services.
Site Access and Use
License
Hokku Designs® grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Site and Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Requirements and Restrictions
You agree that you will not:
- Provide false or misleading information to Hokku Designs®;
- Use or attempt to use another user’s account without authorization;
- Interfere with, damage, disable, overburden, or impair the functioning of the Site or Services;
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Violate any applicable law or regulation;
- Encourage or enable any other individual to do any of the foregoing.
We reserve the right to terminate your access to the Site or Services if you engage in any prohibited activity or otherwise fail to comply with these Terms.
User Accounts
In order to access certain features or functions of the Site or Services, you may be required to register for a user account. When you register for an account, you agree to:
- Provide accurate, current, and complete information;
- Maintain and promptly update any account information;
- Maintain the security and confidentiality of your login credentials;
- Promptly notify Hokku Designs® if you discover or otherwise suspect any security breaches related to the Site, Services, or your account;
- Take responsibility for all activities that occur under your account and accept all risks of unauthorized access;
- Immediately notify Hokku Designs® of any unauthorized use of your account.
Intellectual Property
The Site and Services contain copyrighted material, trademarks, and other proprietary information of Hokku Designs® and its licensors. Except as expressly authorized by Hokku Designs® or its licensors, you may not copy, modify, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use such material.
External Sites
The Site may contain links to third-party websites. Hokku Designs® provides these links only as a convenience and does not endorse, control, or make any representations about such websites. Hokku Designs® is not responsible for the content of any linked sites or any link contained in any linked site. If you access any third-party websites linked from the Site, you do so at your own risk.
Prohibited Conduct
You agree not to:
- Use the Site or Services for any illegal or unauthorized purpose;
- Use automated systems or software to access the Site or extract data in any unauthorized manner;
- Interrupt, damage, disable, overburden, or impair the Site or Services;
- Attempt to gain unauthorized access to the Site, user accounts, or computer systems;
- Obtain or attempt to obtain materials or information through any means not intentionally made available through the Site or Services;
- Engage in any scraping, data mining, extraction, or indexing of the Site or Services;
- Use the Site or Services to transmit any harassing, abusive, tortious, defamatory, libelous, obscene, or otherwise objectionable material;
- Stalk, harass, threaten or harm another user;
- Impersonate any person or entity or provide false information;
- Violate the privacy of any third party;
- Violate any applicable law or regulation;
- Solicit personal information from minors or submit personal information on behalf of a minor;
- Violate any intellectual property rights of Hokku Designs® or any third parties.
Indemnification
You agree to defend, indemnify and hold harmless Hokku Designs®, its affiliates, vendors, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and partners, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Site and Services, including any use of Content, materials, or information from the Site or Services.
Disclaimers
Your Use of the Site and Services Are At Your Own Risk
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOKKU DESIGNS® SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We Make No Warranty that the Site or Services will Meet Your Requirements or Be Available on an Uninterrupted, Secure, or Error-Free Basis
We make no warranty that the Site or Services will meet your requirements or that the Site or Services will be uninterrupted, timely, secure, virus-free or error-free. The Site and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic devices and communications. Hokku Designs® is not responsible for any delays, delivery failures or other damages resulting from such problems.
Accuracy of Information on the Site or Services
Hokku Designs® attempts to provide helpful and accurate information about the products on the Site. However, Hokku Designs® does not warrant the accuracy, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Hokku Designs® disclaims all liability and responsibility arising from any reliance placed on materials and information contained on the Site.
No Professional Advice Provided
The information contained on the Site and Services is for general informational and entertainment purposes only. It should not be construed as professional advice. You should consult an appropriate professional for specific advice tailored to your situation.
Limitation of Liability
Hokku Designs®, its affiliates, vendors, and licensors will not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to these Terms or the Site or Services.
The total liability of Hokku Designs®, its affiliates, vendors and licensors, for any damages arising out of or related to these Terms or the Site or Services, will not exceed, in the aggregate, the total referral fees, if any, paid by Hokku Designs® to you, or $100 USD if no referral fees have been paid.
**This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, and even if Hokku Designs® has been advised of the possibility of such damage.
Termination
Hokku Designs® reserves the right, without notice and at its sole discretion, to terminate or restrict your access to the Site and Services. Hokku Designs® may terminate your account if you violate these Terms.
Upon any termination, your right to access or use the Site and Services will immediately cease. Hokku Designs® will not be liable to you or any third party for any termination of your access to the Site and Services.
Governing Law
These Terms will be governed by the laws of the State of California without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Los Angeles, California.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Complete Agreement
These Terms constitute the entire agreement between you and Hokku Designs® related to your access to and use of the Site and Services. These Terms supersede any prior agreements or understandings, whether written or oral. Hokku Designs® may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Additional Clauses for Merchants and Sellers
If you are using the Services as a merchant to sell goods or services, additional clauses apply:
Pricing and Listing of Goods and Services
As a merchant, you have complete control and discretion over the pricing and listing of goods and services on the Site and Services. Hokku Designs® will not interfere with or regulate your pricing or listings, except in accordance with applicable law or regulation. However, Hokku Designs® reserves the right to display advertisements alongside your listings.
Taxes
As a merchant, you are solely responsible for determining any applicable taxes and administering the collection, reporting, and remittance of taxes to the appropriate tax authorities. Hokku Designs® cannot advise you on appropriate taxes or any tax exemptions.
Shipping and Fulfillment
As a merchant, you are solely responsible for all aspects of shipping and fulfilling customer orders, including compliance with any shipping-related rules and policies related to the Site or Services. Hokku Designs® does not arrange for and is not involved in any way with the shipping of your products.
Refunds and Returns
As a merchant, you are solely responsible for accepting and processing any customer returns, refunds, or adjustments in accordance with your own policies. Hokku Designs® does not process or facilitate returns, refunds, or adjustments between merchants and their customers.
Product Liability
As a merchant, you agree to defend, indemnify, and hold Hokku Designs® harmless from any claims, actions, proceedings, losses or damages related to any products you sell, including any liability or expense arising from claims, losses, damages, judgments, infringement, litigation costs and attorneys’ fees.
Advertising
We reserve the right to display third party ads on your product listings. You agree that you are not entitled to any revenue generated from such ads.
Commissions and Referral Fees
In consideration of allowing you to offer goods and services via the Site or Services, you agree to pay Hokku Designs® a commission or other referral fee on sales in accordance with the fee schedule published on the Site. Hokku Designs® reserves the right to change our commission or referral fee structure at any time by posting the updated rates on the Site.
Termination for Cause
Hokku Designs® reserves the right to suspend or terminate your merchant account immediately if you breach these Terms, violate any applicable laws, neglect to address customer complaints, or engage in fraudulent or illegal activity. We also may terminate a free account that becomes inactive for an extended period of time. You will remain liable for all obligations related to your account even after it is terminated.
Modifications
We reserve the right to modify these Terms at any time by posting revised Terms on the Site. Your continued use of the Site or Services after such notice confirms your consent to the changes.
