Dan the Tiki Man - Terms and Conditions

OVERVIEW

This website is operated by Danthetikiman.com. Throughout the site, the terms “we”, “us” and “our” refer to Danthetikiman.com. Danthetikiman.com 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 which 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 Hostgator. 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 represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service 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, or 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. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We 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 agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Personalized Experience and Offers

Subject to your cookie settings, Danthetikiman.com and various third parties may use Cookies and Similar Technology to personalize your experience on the Site, such as through the use of targeted advertisements and special offers. These technologies are shown below. We have no access to or control over third-party technologies. In addition, please note that this privacy policy covers Newegg’s use of Cookies and Similar Technology only and does not cover third-party use of their own proprietary technologies.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume 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.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and 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 inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should 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 as set forth 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 any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights 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 type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of 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 or 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 the 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 that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

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 (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Danthetikiman.com, our 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the 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 Danthetikiman.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other 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 when you cease using 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 also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us 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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding 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 whereby we provide you Services shall be governed by and construed in accordance with the laws of 5625 NW 84th Ave, Miami, FL, 33166, United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at 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 our website periodically for 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 acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].

SECTION 21 – ACCOUNT REGISTRATION

Registering for a Danthetikiman.com account, you must provide us with your personal information, including your name, email address, and password.

Purchase Order Information

To place an order with Danthetikiman.com, you must sign in to your account by providing your email address and password. In addition, you must provide us with your name, shipping address, billing address, telephone number, and payment information, such as your credit card number, billing address, credit card expiration date, and credit card security code.

Information Stored on a Device

With your consent, we may access metadata and other information associated with other files stored on your computer, tablet, mobile phone, or any other device (referred to collectively as a “Device”).

Location Information

With your consent, which you provide when you install our mobile application, when you access and use our mobile application, we may collect information about the general location of a Device.

Information collected automatically

When you access and use the Site on a Device, we may automatically collect information about a Device, such as the IP address, and device identifier (“Device Information”). We may associate the information we collect from a Device with your account. In addition, we may associate a Device with your account. We may combine this information with other information that we have collected about you. We may use cookies, log files, web beacons, JavaScript, and other similar technology (“Cookies and Similar Technology”) to collect and store the information we collect.

SECTION 22 – OWNERSHIP

All Content is owned by Danthetikiman.com or by others who have licensed their Content to our company, and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our services and intellectual property are also protected as a compilation and/or collective work under U.S. and international copyright laws.

The trademarks, service marks, logos, and product names displayed on or in connection with our services at Danthetikiman.com are the registered and unregistered trademarks and service marks of Danthetikiman.com or third parties in the U.S. and/or other countries.

Between you and Danthetikiman.com, Danthetikiman.com owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our services, all Danthetikiman.com content, and the compilation of all content on our services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.

These terms do not grant you any ownership over any content, or any intellectual property rights in any Content, although you remain the owner of any intellectual property rights that you may have in Your User Content.

Neither these terms nor your use of our services grants you any license or permission under any copyright, trademark, or other intellectual property of Danthetikiman.com or any third party, whether by implication or otherwise.

The terms of our website do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.

We welcome feedback, comments and suggestions about our services (“Feedback/Reviews/Testimonials”). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way.

We reserve all rights not expressly granted to you in these terms.

SECTION 23 – COOKIES

You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):

• submit, post, publish or otherwise provide any User Content on or through our services, or take any other action in connection with our services (whether online or offline), that:
  • (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right:
  • (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software;
  • (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or
  • (iv) impersonates or misrepresents your relationship with any person or entity;
• create a false or misleading Danthetikiman.com account or User profile with inaccurate or untrue information;
• use our services to list, market, offer for sale, or sell goods or services without our express prior written permission;
• use our services or any content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
• collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
• access our services by any means other than the interface and instructions that we provide;
• access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
• breach, disable or circumvent any security or authentication measures on or in connection with our Services;
• interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;
• decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
• adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
• use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
• mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
• use any meta-tags or other hidden text or metadata containing any Danthetikiman.com trademark, service mark, product name, or URL without our express prior written permission;
• use any Danthetikiman.com trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
• use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Danthetikiman.com trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or
• remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other content.

Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User’s account and/or access to or use of any or all of our services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User’s conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, Service Terms, and other applicable agreements with us, and we will have no liability to such User for doing so.

In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.

SECTION 24 – INTERNATIONAL USE

Our Services are based in the United States and we do not represent or warrant that our Services will be appropriate or available for use outside the United States.

If you are located outside the United States, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. If you are located in the EU, please refer to our Privacy Policy regarding the transfer of data from the EU to the United States.

You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from the United States.

1. Neither you, nor the entity you represent, if applicable, is a resident (if an individual) or located in or organized under the laws of (if an entity) Cuba, Iran, North Korea, the Crimea region of Ukraine, or Syria.
2. Neither you, nor the entity you represent, if applicable, is, or are owned or controlled by, or acting on behalf of, a person that is the subject of any sanctions administered or enforced by any relevant sanctions authority including, but not limited to, the Office of Foreign Assets Control of the U.S. Department of Treasury, or any governmental or public entity or official of Cuba, Iran, North Korea, or Syria; and
3. Neither you, nor the entity you represent, if applicable, will transfer or facilitate the transfer of any item purchased or otherwise obtained via Danthetikiman.com, to any person who is, or who is owned or controlled by, or acting on behalf of, a person that is the subject of any sanctions administered or enforced by any relevant sanctions authority including, but not limited to, the Office of Foreign Assets Control of the U.S. Department of Treasury; or to any governmental or public entity or official of Cuba, Iran, North Korea, or Syria.

SECTION 25 – CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

We do not share your personal information with any subsidiaries and affiliates and with service providers who perform services for us.  We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.  In addition, we will not share your personal information with our business partners, such as wireless carriers, as well as third parties who operate apps and services that connect with certain of the Services. 

We may share personal information we collect through the services if you ask us to do so or otherwise with your consent.  We also may disclose information about you in other circumstances, including

1. if we are required to do so by law or legal process,
2. to law enforcement authorities or other government officials,
3. when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity, and
4. in the event we may or do sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).   

SECTION 26 – CHILDREN’S AND MINORS PERSONAL INFORMATION

Unless otherwise specified, the Services are designed for a general audience and are not directed to children or minors.  In connection with the services, we do not knowingly solicit or collect personal information from children under the age of 18 without parental consent.  If we learn that we have collected personal information from a child under age 18 without parental consent, we will either seek parental consent or promptly delete that information.  If you believe that a child under age 18 may have provided us with personal information without parental consent, please contact us as specified in the [email protected] section of this Privacy Policy.

SECTION 27 – SECURITY PROTECT YOUR INFORMATION

Danthetikiman.com takes precautions to protect its customers’ information. When you submit sensitive information via the website, your information is protected both online and offline.

When our registration/order form asks you to enter sensitive information (such as your credit card number), that information is encrypted and is protected using SSL encryption software. To learn more about SSL, follow this link: www.verisign.com.

Access to all of our users’ information is restricted. Only employees who need the information to perform a specific job are granted access to personal information. If you wish to have your financial information removed at the time of your order, you may opt to have your financial information deleted from our records upon completion of your order. Otherwise, you may contact us at [email protected], or reach out to us via our other contact methods listed on our contact page, to request that your information be deleted from our database. For future transactions, you will be required to re-enter your information.

If you have any questions or concerns about Danthetikiman.com security practices, you can send us an email at [email protected].