Terms & Conditions

Welcome to Palila. Please read these Terms & Conditions carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions, then you may not access the website or use any services.

1. General Conditions

1.1. By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence.

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

1.3. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks.

2. Products and Services

2.1. 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.

2.2. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

2.3. 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 any time without notice.

2.4. 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.

3. Accuracy of Billing and Account Information

3.1. 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.

3.2. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

3.3. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

4. Third-Party Links

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

4.2. 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.

5. User Comments, Feedback, and Other Submissions

5.1. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, 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.

5.2. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

6. Personal Information

6.1. Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for further details.

7. Errors, Inaccuracies, and Omissions

7.1. Occasionally there may be information on our site 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.

8. Prohibited Uses

8.1. In addition to other prohibitions as set forth in the Terms & Conditions, 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.

9. Disclaimer of Warranties; Limitation of Liability

9.1. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

9.2. 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.

9.3. In no case shall Palila, 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.

10. Indemnification

10.1. You agree to indemnify, defend and hold harmless Palila 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 & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11. Severability

11.1. In the event that any provision of these Terms & Conditions 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 & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Termination

12.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

12.2. These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

13. Entire Agreement

13.1. The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

13.2. These Terms & Conditions 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 & Conditions).

14. Governing Law

14.1. These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Palila operates.

15. Changes to Terms & Conditions

15.1. You can review the most current version of the Terms & Conditions at any time on this page.

15.2. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms & Conditions 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 & Conditions constitutes acceptance of those changes.

Contact Information

Questions about the Terms & Conditions should be sent to us at support@palila.com.

Thank you for choosing Palila. We appreciate your business and look forward to serving you.