TERMS & CONDITIONS

Reiko Rose, LLC (“Reiko Rose,” “we,” “us,” “our,” “company” provides its services (described below) to you through its website located at: www.reikorose.com (the “Site”). By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). By using any portion of this Site you accept, without limitation or qualification, these Terms. If you do not agree to these Terms, you should not use or access this Site. Reiko Rose reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Site Privacy Policy, which is incorporated herein. Price information found on this Site is subject to change without notice.

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

Users of any age may access this Site, but in compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts unless we have permission from that user’s parent or guardian approving the collection of that user’s information and such user’s registration on the Site where registration is required. If you register on the Site, you represent and certify that you have the legal capacity and authority to do so, and that your registration and use of the Website will not violate any law or regulation.

READ THESE TERMS & CONDITIONS CAREFULLY. IF YOU ARE UNDER 18 YEARS OF AGE, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THESE TERMS & CONDITIONS ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OUTLINED HERE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE AND SHOULD EXIT THIS WEBSITE NOW.

ACCESS AND USE OF THE SERVICE

SERVICE DESCRIPTION:

The Service is designed to allow users to send and receive boxes or packages of goods, written material and other information (“Box,” “Boxes”), subscribe to receive monthly Boxes (“Subscription”), make a-la-carte purchases in our shop and participate in the Reiko Rose content community.

BOXES:

Subscribing to Reiko Rose means you or the person you are gifting to will receive a unique gift. The contents of each Box will vary, and we make no guarantees that you will receive a particular Box or item in a Box during a particular month. Boxes vary from individual to individual during a month. Suppliers’ products come in limited quantities and may not be available for any one Box. The products within the Boxes are not manufactured by Reiko Rose, but rather by Reiko Rose’s suppliers. All orders for Boxes must be received by the fifteenth (15th) of the month for the person receiving the Box to receive the following month’s Box. There is no guarantee that a Box will be received the following month on any order received after the fifteenth (15th) of the prior month. For example, if you would like someone to receive a Box in November your order must be submitted by October 15th. After October 15th, the person may not receive their first Box until December.

If you have any questions or complaints about a product, or questions about refunds, returns or cancellation, please contact us at: hello@reikorose.com. There is also a FAQ (Frequently Asked Questions) section on our website.

MEMBER ACCOUNT, PASSWORD AND SECURITY:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Reiko Rose of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Reiko Rose will not be liable for any loss or damage arising from your failure to comply with this Section.

MODIFICATION TO SERVICE:

Reiko Rose reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Reiko Rose will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

CONDITIONS OF USE

PAYMENT AND AUTO-RENEWAL:

To the extent you wish to make a purchase using the Service (for example, to purchase individual Boxes or a Subscription), you will be required to provide Reiko Rose information regarding your credit card or other payment instrument (such as PayPal). You represent and warrant to Reiko Rose that such information is true and that you are authorized to use the payment instrument for the initial subscription term and each renewal term.

If you use the Service to purchase a month-to-month Subscription (3, 6, 12 months), you will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Reiko Rose the amount that is specified in the Service in accordance with these Terms of Service. If you start a month-to-month Subscription, you acknowledge that your Subscription has an initial and recurring payment feature, you hereby authorize Reiko Rose to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable subscription, and you accept responsibility for all recurring charges prior to cancellation. All payments made are non-refundable. If you cancel your Subscription, you will not be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period. We reserve the right to revoke your Subscription at any time as a result of a violation of these Terms or the Privacy Policy. If you dispute any charges you must let Reiko Rose know within thirty (30) days after the date that Reiko Rose charges you.

If you have paid for a Box but did not receive it, please contact us at hello@reikorose.com. We reserve the right to change Reiko Rose’s subscription plan prices. If Reiko Rose does, Reiko Rose will provide notice of the change on the Site or in email to you, at Reiko Rose’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

TAXES:

You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction.

COMMERCIAL USE:

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.

RISK OF LOSS:

A third party carrier will ship any merchandise purchased from our Site. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

ACKNOWLEDGEMENT OF CHOKING HAZARD:

Reiko Rose’s Girl’s Subscription is a service intended for the recommended age of 5-10 years. Please note the warning label attached to each box which states:

WARNING: CHOKING HAZARD – Small parts not for children under 3 years or any individuals who have a tendency to place inedible objects in their mouths.

Reiko Rose’s Women’s Subscription, aka “Wahine Box” is a service intended for adults (age 18 and older).

INTELLECTUAL PROPERTY RIGHTS

SERVICE CONTENT, SOFTWARE AND TRADEMARKS:

You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Reiko Rose, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Reiko Rose, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Reiko Rose reserves any rights not expressly granted herein.

The Reiko Rose name and logo are trademarks and service marks of Reiko Rose (collectively the “Reiko Rose Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Reiko Rose. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Reiko Rose Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Reiko Rose Trademarks will inure to our exclusive benefit.

COPYRIGHT COMPLAINTS:

Reiko Rose respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Reiko Rose of your infringement claim in accordance with the procedure set forth below.

Reiko Rose will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Reiko Rose’s Copyright Agent at hello@reikorose.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Reiko Rose, LLC

P.O. Box 871

Pu’unene, HI 96784

Phone: (808) 268-8556

To be effective, the notification must be in writing and contain the following information:

•   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

•   A description of the copyrighted work or other intellectual property that you claim has been infringed;

•   A description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;

•  Your address, telephone number, and email address;

•   A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

•   A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

INDEMNITY AND RELEASE

You agree to release, indemnify and hold Reiko Rose and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorney’s fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REIKO ROSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

REIKO ROSE MAKES NO WARRANTY THAT (I) THE SERVICE, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT REIKO ROSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REIKO ROSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS OR BOXES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, BOXES, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL REIKO ROSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID REIKO ROSE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

ARBITRATION

All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement shall be brought before one (1) mediator mutually agreed upon by the parties. If mediation is not successful then the parties agree to resolve the dispute by binding arbitration. Arbitration shall utilize one (1) arbitrator mutually agreed upon by the parties. If the parties are not able to agree on an arbitrator, then the Circuit Court of the Second Circuit of the State of Hawaii shall appoint an arbitrator who shall conduct a binding arbitration in accordance with the arbitration laws of the state of Hawaii. The arbitrator shall be either a licensed attorney or retired judge. The arbitration shall take place in Wailuku, Maui, Hawaii. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The decision of the arbitrator will be final, binding, and enforceable as and by a judgment of court. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

The prevailing party in any legal proceeding related to this Agreement shall be entitled to payment of reasonable attorney’s fees, costs, and post-judgment interest at the legal rate. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award.

TERMINATION

You agree that Reiko Rose, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Reiko Rose believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Reiko Rose may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Reiko Rose may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Reiko Rose will not be liable to you or any third-party for any termination of your access to the Service.

GENERAL

These Terms of Service constitute the entire agreement between you and Reiko Rose and govern your use of the Service, superseding any prior agreements between you and Reiko Rose with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Hawaii without regard to its conflict of law provisions. With respect to any disputes or claims not subject to mediation or arbitration, as set forth above, you and Reiko Rose agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the Second Circuit of the State of Hawaii. The failure of Reiko Rose to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. 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 the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

YOUR PRIVACY

At Reiko Rose, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

QUESTIONS? CONCERNS? SUGGESTIONS?

Please contact us at hello@reikorose.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.

Effective Date: These Terms and Conditions are effective and were last updated on November 1, 2018.