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TERMS AND CONDITIONS OF SALE

IMPORTANT! THESE TERMS AND CONDITIONS OF SALE GOVERN YOUR PURCHASE OF PRODUCTS FROM THIS SITE, WHICH IS PROVIDED BY TIHATI PRODUCTIONS, LTD. BY PURCHASING PRODUCTS FROM THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE.

Terms and Conditions are Binding for All Purchases

All orders are deemed offers by you to purchase our products. We may accept your offer by issuing a confirmation of the services specified in your order. Our acceptance of each such offer is expressly subject to and conditioned on your assent to these terms and conditions of sale.

Prices

All prices posted on this site are subject to change without notice. Prices prevailing at the time of your offer will apply. Posted prices do not include taxes or charges for shipping and handling (if any). All such taxes and charges will be added to your invoice.

Payment

We accept payment by most major credit cards. Your card holder rights are governed by your credit card agreement, and not by the terms and conditions of this Agreement. By completing your order on the Tihati Web site, you are authorizing Tihati to charge your credit card for the entire order amount, which will include any applicable taxes.

Changes or Cancellations

All sales are final; provided, however, cancellations may be made at least 1 day prior to the scheduled service or event date. You may not automatically change or cancel your order once it has been placed on the Tihati Web site. To make a change or to cancel your order, you will need to contact Tihati with your change or request for cancellation. Any specification changes made to accepted orders may generate a new acknowledgment for the entire order. We may without liability cancel any accepted order if our credit department does not approve your credit or if there are other problems with your payment.

Limited Warranties

NEITHER TIHATI NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OWNERS, SUPPLIERS AND THE PROVIDERS OF THIRD PARTY SERVICES WILL BE LIABLE TO YOU OR ANY OF YOUR AUTHORIZED USERS, CUSTOMERS OR CLIENTS FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE, DATA, BUSINESS OR USE) EVEN IF TIHATI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO ANY SERVICE PROVIDED BY TIHATI IN CONNECTION HEREWITH, OR THE FAILURE OF TIHATI TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE BY TIHATI.

Limitation of Liability

IN NO EVENT WILL THE AGGREGATE LIABILITY OF TIHATI WITH REGARD TO THE SERVICES PROVIDED IN CONNECTION HEREWITH EXCEED THE COMPENSATION PAID BY YOU TO TIHATI. YOUR RIGHT TO MONETARY DAMAGES UP TO THAT AMOUNT WILL BE IN LIEU OF ALL OTHER REMEDIES THAT YOU OR ANY OF YOUR AUTHORIZED USERS, CUSTOMERS OR CLIENTS MAY HAVE AGAINST TIHATI.

Miscellaneous

Specifications and descriptions are estimates but are not guaranteed and are subject to change without notice. We shall not be in default if our performance is delayed or rendered impossible by acts of God, war, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, or any other cause beyond our reasonable control. We may revise or modify services, service information or pricing without notice. We are not responsible for typographic, facsimile or printing errors. We are an independent contractor.

These Terms and Conditions of Sale will be governed and interpreted pursuant to the laws of Hawai'i, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Hawai'i in connection with any dispute between you and Tihati arising out of these Terms and Conditions of Sale or pertaining to the subject matter hereof. The parties to these Terms and Conditions of Sale each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Sale or pertaining to the subject matter of these Terms and Conditions of Sale will be in the state and federal courts in Honolulu, Hawai'i. If any part of these Terms and Conditions of Sale is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Sale constitute the entire agreement among the parties relating to this subject matter. To the extent a proposal, purchase order, confirmation notice, or the like is inconsistent with these Terms and Conditions of Sale, unless expressly agreed in writing otherwise, these Terms and Conditions of Sale will govern.

Last updated: April 7, 2008.


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