OVERVIEW
This website is operated by The Foundation Raw Hawaii. Throughout the site, the terms “we,” “us,” and “our” refer to The Foundation Raw Hawaii. The Foundation Raw Hawaii offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on BigCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are either:
a. At least the age of majority in your state or province of residence; or
b. The age of majority in your state or province of residence and have provided your consent to allow any minor dependents to use this site.
You agree not to use our products or services for any illegal or unauthorized purpose, and you must comply with all applicable laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms, viruses, or malicious code of any kind that may harm or disrupt the Service.
Any breach or violation of these Terms will result in the immediate termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:
a. Transmissions over various networks; and
b. Changes made to conform and adapt to the technical requirements of connecting networks or devices.
Credit card information is always encrypted during its transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings in this agreement are included for convenience only and do not limit or otherwise affect the Terms outlined herein.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We do not guarantee the accuracy, completeness, or timeliness of the information available on this site. The material on this site is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions. Before making any decisions, you should consult primary, more accurate, complete, or up-to-date sources of information. Any reliance on the information on this site is at your own risk.
This site may contain historical information, which is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time but are not obligated to update any information. You agree that it is your responsibility to monitor any changes to the site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time, without prior notice.
We shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All descriptions and pricing of products are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for products or services made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed using the same customer account, credit card, and/or billing and/or shipping address. If we make any changes to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You further agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so that we can process your transactions and contact you as needed.
For more details, please review our Return Policy
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
By consenting to The Foundation Raw Hawaii, LLC’s SMS marketing at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (including order updates, abandoned checkout reminders), marketing offers, and transactional texts (such as review requests), even if your mobile number is registered on any state or federal do-not-call list.
Message frequency may vary. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with "STOP" to any mobile message sent from us or use the unsubscribe link provided in any of our messages.
You understand and agree that alternative methods of opting out, such as using different words or requests, will not be considered valid. While we do not charge for the service, you are responsible for any charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text "HELP" to the number you received the messages from. You can also contact us at info@ifeedrawaii.com for more information.
We reserve the right to modify any telephone number or short code we use for the service at any time. You will be notified in such cases.
You agree that any messages sent to a telephone number or short code we have changed, including "STOP" or "HELP" requests, may not be received, and we will not be liable for honoring requests made to those numbers.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information through the service, any errors in such information, or any actions you may or may not take in reliance on it.
Your right to privacy is important to us. Please review our Privacy Policy to understand how we collect and use your personal information.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of these sites, and we do not warrant or accept any liability for any third-party materials, websites, or for any products or services provided by third parties.
We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party provider.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific materials (such as contest entries), or if you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you provide. We are under no obligation to: (1) maintain any comments in confidence; (2) compensate you for any comments; or (3) respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous, unlawful, abusive, or obscene material, or include any viruses or other malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of your comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please click here.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions that could relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is found to be inaccurate, at any time, without prior notice (including after you have submitted your order).
We are under no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. Any update or refresh date applied in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, federal, state, or local regulations, rules, laws, or ordinances;
(d) to infringe upon or violate our intellectual property rights or those of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from using the Service will be accurate or reliable.
You agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time, without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided "as is" and "as available," without any representation, warranties, or conditions of any kind, either express or implied, including, but not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall The Foundation Raw Hawaii, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products obtained through the Service, or for any other claim related in any way to your use of the Service or any product. This includes, but is not limited to, any errors or omissions in content, or any loss or damage incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if we have been advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Foundation Raw Hawaii, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. In such a case, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of either party to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the State of Hawaii, USA.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at info@ifeedrawhawaii.com.