KAIROU WATERMAN LLC (together with its affiliates, “KAIROU”) & its website, which include but are not limited to www.kairouwaterman.com and all related services, content, functionality, and transactions offered by Kairou. These Terms and Conditions (the “Terms”) govern your access to and use of the Site and its services. The Site is available for your use only on the condition that you agree to the Terms set forth below. If you do not agree to all of the Terms, do not access or use the Site. By accessing or using the Site, you and the entity you are authorized to represent (“You” or “Your”) signify your agreement to be bound by these Terms.

KAIROU and its subsidiaries own or possess adequate rights or licenses to use all trademarks, trade names, service marks, service registrations, service names, patents, patent rights, copyrights, inventions, licenses, approvals, governmental authorizations, trade secrets and rights necessary to conduct their respective businesses as now conducted. KAIROU and its subsidiaries do not have any knowledge of any infringement by KAIROU or its subsidiaries of trademark, trade name rights, patents, patent rights, copyrights, inventions, licenses, service names, service marks, service registrations, trade secret or other similar rights of others, and, to the knowledge of KAIROU there is no claim, action or proceeding being made or brought against, or to the Company’s knowledge, being threatened against, KAIROU or its subsidiaries regarding trademark, trade name, patents, patent rights, invention, copyright, license, service names, service marks, service registrations, trade secret or other infringement; and KAIROU and its subsidiaries are unaware of any facts or circumstances which might give rise to any of the foregoing.

Changes to Terms or Services

We reserve the right to update or modify these Terms at any time at our sole discretion. Your continued use of KAIROU products after any changes to these Terms will mean You accept those changes. Any aspect of the Terms may be changed, supplemented, deleted, or updated without notice at the sole discretion of KAIROU. KAIROU may establish or change, at any time, general practices and the limits concerning other or future KAIROU products and services in its sole discretion.

Services

KAIROU offers artisan design as well as cultural consultation services to businesses, non-corporate organizations, and private individuals. We produce traditional wooden surfboards, decor, as well as wood and bone accessories in the Hawaiian style - whose origins predate the 21st century - along with other various wave riding accessories. KAIROU makes available an online platform that allows you to requisition services and purchase these and other products, place orders, request information, and submit requests for commissions.

Order Confirmation

KAIROU will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person or order. These restrictions may include orders placed by or under the same Person/Name, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address or phone number provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.

Shipment Confirmation and Delivery

All orders are subject to acceptance by KAIROU. We will confirm such acceptance by sending confirmation that the Products you purchased have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged for shipping and handling accordingly based on your choice. We are not responsible for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.

Payment, Cancellation, Return, and Exchange Policies

You agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a "Method of Payment"). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted.  Cancellation, return, and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges may be non-refundable.

Errors, Inaccuracies, and Omissions

We make every effort to present the most recent, accurate, and reliable information on our Services at all times. Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.

Cancellation of Orders

We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

Links to Third-Party Websites or Resources

KAIROU’s Services may contain links to third-party websites or resources. Those links serve only as a convenience. KAIROU and its representatives are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. If you use these links, you will leave the Services and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

License and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the website and its contents (the “Content”) are the sole property of KAIROU, its affiliates, or an identified third party(ies). The Content is protected by copyright and other laws, in both the United States and internationally. Elements of the Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Sites are trademarks, service marks or trade dress ("Marks") of KAIROU, its affiliates or other entities that have granted KAIROU the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of KAIROU. Except as otherwise expressly authorized by these Terms, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Sites in any way without KAIROU’s or the appropriate third party's prior written permission. Except as expressly provided herein, KAIROU does not grant to You any express or implied rights to KAIROU’s or any third party's Intellectual Property..

By using the Services, you agree not to submit to or share any information that:

-is false, fraudulent, inaccurate, or misleading;

-violates any local, state, federal, or international laws or is otherwise tortious;

-is protected by or would infringe on the rights of others (including Kairou), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;

-is obscene, indecent, pornographic, or otherwise objectionable;

-is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Kairou in its sole discretion;

-victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

-is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;

-contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Kairou;

-contains or relates to cult, chain letters or pyramid schemes;

-impersonates another business, person, or entity, including Kairou, its related entities, employees, and agents;

-violates any policy posted on the Site; or

-is intended to cause harm, damage, disable, or otherwise interfere with the Sites or our partners.

Any and all User Content that you make available through the Services shall be deemed non-confidential and non-proprietary.

Termination

We may terminate your access to and use of the Services, in our sole discretion, at any time and without notice to you. You may cancel your business with us at any time by contacting us via email or phone. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: "Payment", "Cancellation, Return and Exchange Policies", "Errors, Inaccuracies and Omissions", "Cancellation of Orders",”Links To Third Party Websites”, "License and Ownership”, “Responsibility", "Indemnification", "Limitation of Liability", "Governing Law", and "General Information".

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless KAIROU, its affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of, related to, or in connection with your violation of these Terms.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT VIRTUAL SUPPLY IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, KAIROU IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KAIROU, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITES, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIRTUAL SUPPLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of HAWAI’I without regard to its conflict of laws and/or provisions.

General Information

You may not assign these Terms or any of Your interests, rights, or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.