General terms & conditions

Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole and all materials that are part of the Site (collectively, "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Coconuts or its subsidiaries and affiliates (collectively, “coconuts Boutique,” “us,” and “we”). Any use of the Contents without Coconuts express written consent is strictly prohibited.

 

Disclaimer, Limitation of Liability and Indemnity

ALL INFORMATION IS EITHER GENERATED BY US OR IS OBTAINED BY US FROM SOURCES BELIEVED BY US TO BE ACCURATE AND RELIABE AS OF THE DATE POSTED ON THE SITE. HOWEVER, BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, DELAYED UPDATES, AS WELL AS OTHER FACTORS SUCH AS THE DIFFICULTY OF SECURING A WEBSITE FROM UNAUTHORIZED ALTERATIONS OR THE OCCURRENCE OF A SYSTEM BREAKDOWN OR OTHER UNAVAILABILITY, NEITHER WE NOR ANY OF OUR AFFILIATES PROVIDE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR ANY INFORMATION ON IT. THE SITE AND ALL INFORMATION IS PROVIDED “AS IS” AND WITH ALL FAULTS, AND WE MAKE NO REPRESENTATIONS AND DISCLAIM ALL IMPLIED WARRANTIES OF EVERY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OR ANY DUTIES AS TO ACCURACY, TIMELINESS, COMPLETENESS, SUITABILITY, AVAILABILITY, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, OR LACK OF NEGLIGENCE OR VIRUSES. WE DO NOT PROVIDE ANY WARRANTY AGAINST INFRINGEMENT OR OF QUIET ENJOYMENT, AND MAKE NO EXPRESS WARRANTIES. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER COCONUTS NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF COCONUTS TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COCONUTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY WHERE PROHIBITED BY LAW.

 

Use Restrictions and User Conduct

This Site is intended to provide Coconuts members easy access to information. You may not copy, modify, publicly distribute or display, perform, publish, license, create derivative works from, transfer or sell anything obtained from this Site. You agree that you will not alter any Site information and will not use the Site or any information obtained from it for any wrongful, unauthorized or unlawful purpose and agree to indemnify and hold us and our affiliates harmless from and against any loss, damage or expense (including attorneys’ fees) incurred because of any such use.

In using the Site, you agree: (1) not to disrupt or interfere with the security of, or otherwise abuse, the Site or any service, system resources, accounts, servers or networks connected to or accessible through the Site or linked websites; (2) not to disrupt or interfere with any other user's enjoyment of the Site or linked sites; (3) not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files; (4) not to use or attempt to use or access the personal account or personal information of another or create or use a false identity on the Site; and (5) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access. Caching, unauthorized hypertext links to the Site and the framing of any contents available through the Site are prohibited. We reserve the right to disable any unauthorized links or frames.

 

Account Information and Password Protection

Access and use of password protected and/or secure areas of the Site is restricted to authorized users only. To prevent unauthorized access to your account and to prevent unauthorized use of the Site, you agree to protect and keep confidential your account number, username and password or any other means of accessing your account or this Site. If you disclose your account number, username or password to any person or entity, you assume all risks and losses associated with such disclosure. If you permit any other person or entity to use your account number, username or password, you are responsible for any transactions and activities authorized from your account. If you believe someone may attempt to use or has used your account without your permission, or that any other unauthorized use of your account number or password or security breach has occurred, you must change your password. It is your obligation to immediately notify us by calling 234.334.3446 if you believe unauthorized access or use has occurred. Unauthorized individuals attempting to access the Site may be subject to prosecution.

You should not send any confidential or proprietary information to us via the Site, except in connection with customer service and to perform those functions permitted by the Site. Except as provided in our Privacy Policy, any information or materials that you or individuals acting on your behalf provide to us, will not be considered confidential or proprietary. You warrant that you will not provide any information or materials that are defamatory, threatening, obscene, harassing or otherwise unlawful, or that incorporate the proprietary information of another.

 

Site Policies, Modification and Severability

Please review our other policies posted on this Site. These policies also govern your use of Coconuts services and products. We reserve the right to make changes to our Site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. We may terminate, change, suspend or discontinue any aspect of this Site, including its contents or the availability of any features of the Site at any time. We may also impose limits on certain features and services, restrict your access to part or the entire Site, or terminate your use of the Site at any time, without notice or liability. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Risk of Loss

In the event of a system failure or interruption, your data may be lost or destroyed. Any transactions that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transactions. You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transactions so affected.

 

Applicable Law and Jurisdiction

The law applicable to the interpretation and construction of these Terms of Use and any transaction using or related to the Site, will be the laws of the State of Washington, USA, without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Ohio. Any legal action or proceeding arising out of or relating to these Terms of Use or use of the Site must be instituted in the state or federal courts located in Summit County, and the parties hereby submit to the exclusive jurisdiction of such courts in any action or proceeding.

 

 

Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by Coconuts. If in Coconuts's sole discretion you fail to comply with any term or provision of this agreement, Coconuts may deny you access to the Site. In the event of denial of access by Coconuts, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Coconuts relating to the subject matter addressed herein.

Effective Date 1/09/2021