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Terms of Use
These Terms of Use were updated as of September 1, 2011.
These Terms of Use (the "Terms") apply to all online visitors to
www.aaluuka.com. By using this site, www.aaluuka.com, (the "Site"), you
("you" or "Website User") agree to the terms and conditions in this
Agreement between you and Aaluuka, LLC (hereinafter, "Aaluuka"). If you do
not agree to these outlined terms and conditions (the "Terms of Use" or
"Agreement"), your only recourse is to discontinue use of the Site,
including making purchases through the Site.
Aaluuka reserves the right to make any changes to these Terms of Use and/or
our Privacy Policy (which is incorporated herein by reference) without prior
notification to you. You should re-read this Agreement containing the Terms
of Use and Privacy Policy from time to time in order that you stay informed
as to any such changes. If we make changes to our Terms of Use and Privacy
Policy and you continue to use our Site, including making purchases through
the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy
expressed herein. We strongly suggest that each time you make a purchase
through this Site, you re-read the Terms of Use.
If you have any questions about these terms, contact us at info@aaluuka.com.
1. Acceptance of Terms. By using the Site, you agree to the terms and
conditions in this Agreement between you and Aaluuka. You must accept the
Terms, in full, before using the Site. You can accept the Terms in one of
three ways: (a) by clicking to “accept” or “agree” to the Terms, where this
option is presented or made available to you on the Site; (b) by actually
using the Site; and/or, (c) by making purchases through the Site. BY USING
THE SITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS,
DO NOT USE THE SITE. EXCEPT AS OTHERWISE PROVIDED, THE TERMS ARE SUBJECT TO
CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE,
INCLUDING MAKING PURCHASES THROUGH THE SITE, AFTER ANY CHANGE(S) HAVE BEEN
IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S).
2. Privacy Policy. Aaluuka cares about the privacy of our users. Aaluuka's
Privacy Policy applies to the use of the Site, and its terms are made a part
of the Terms by this reference. To view our Privacy Policy, click here.
Additionally, by using the Site, you acknowledge that the Internet is not a
secure environment and sometimes there are interruptions in service or
events that are beyond the control of Aaluuka and that communications with
Aaluuka can never be guaranteed to be secure. You understand that any
message or information you send to the Site may be read or intercepted by
others, even if there is a special notice that a particular transmission is
encrypted. Nonetheless, we employ reasonable measures to protection your
information from unauthorized use or disclosure. While we make these
reasonable precautions against loss or theft of data, Aaluuka shall not be
responsible for any data lost or stolen while transmitting information on
the Internet. While it is Aaluuka's objective to make the Site accessible 24
hours per day, 7 days per week, the Site may be unavailable at any time for
any reason including, without limitation, routine maintenance.
3. Use and Restrictions. The Site may be accessed and used only by
individuals who can form legally binding contracts under applicable laws,
who are 13 years of age or older, and who are not barred from using the Site
under applicable laws. You may access and use the Site only in accordance
with all applicable laws and regulations and with these Terms of Use. You
acknowledge and agree that Aaluuka, in its sole discretion and without
notice or any further obligation to you, may temporarily suspend or
permanently discontinue and refuse any and all current and future, access to
or use of the Site.
4. Ownership of the Site, Content, and Trademarks. The Site is owned and
controlled by Aaluuka and unless otherwise agreed in writing, all materials
on our Site, including text, graphics, information, content, images,
illustrations, designs, icons, photographs, video clips, sounds, music,
artwork, computer code, and other materials, and the copyrights, trademarks,
trade dress, and/or other intellectual property rights in such materials
(collectively, the “Content”), are owned, controlled, and/or licensed by
Aaluuka. The Site and Content are intended solely for your personal,
non-commercial use. You may not download and/or copy any of the Content
without permission from Aaluuka unless such permission is explicitly granted
on the Site. Any permitted downloads or permitted copies of the Content are
for your personal use only. No right, title, or interest in any downloaded
and/or copied Content is transferred to you as a result of any such
downloading and/or copying. You may not reproduce (except as noted above or
on the Site), publish, transmit, distribute, display, perform, alter,
modify, create derivative works from, sell, exploit, and/or otherwise use
any of the Content or the Site for any public or commercial purpose. Aaluuka
also owns a copyright in the selection, coordination, arrangement, and
enhancement of such content, as well as in the content original to it. You
may not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in whole
or in part. You may not upload or republish Site Content on any Internet,
Intranet, or Extranet site or incorporate the information in any other
database or compilation. Aaluuka does not permit use of any data mining,
robots, scraping, and/or similar data-gathering or extraction methods.
Certain trademarks, trade names, service marks, and logos used or displayed
on this Site are registered and unregistered trademarks, trade names, and
service marks of Aaluuka and its affiliates. Other trademarks, trade names,
and service marks used or displayed on this Site are the registered and
unregistered trademarks, trade names, and service marks of third parties.
Nothing contained on the Site grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to you to use any
such trademarks, trade names, service marks, or logos displayed on such
Site.
5. Trademark. All trademarks, service marks, trade names, logos and trade
dress, whether registered or unregistered (collectively the "Marks") that
appear on the Site are proprietary to Aaluuka or such Marks' respective
owners. You may not display or reproduce the Marks other than with the prior
written consent of Aaluuka, and you may not remove or otherwise modify any
trademark notices from any Content. In addition, all page headers, custom
graphics, button icons, and scripts are trademarks, service marks, trade
names and/or trade dress of Aaluuka or their respective owners, and may not
be copied, imitated, or used, in whole or in part, without the prior written
permission of Aaluuka.
6. Your Account. In order to purchase products or services through the use
of the Site, you must establish an account with Aaluuka unless you do so as
a Guest. You are solely responsible for (i) maintaining the security and
confidentiality of your account and your account password; (ii) restricting
access to your computer and your account; and (iii) keeping your email
address listed on your account current. You are solely responsible and
liable for all activities, including, without limitation, all purchases of
products and services through the use of the Site that occur under your
account or your account password. You acknowledge and agree that Aaluuka may
access, preserve, and disclose your account information, all User
Communications (as defined below), all communications to and from you, all
information relating to your use of the Site, and all information relating
to the use of the Site under your account or account password if Aaluuka is
required to do so by law or legal process or if Aaluuka determines, in its
sole discretion, that such action is necessary to protect the rights of
Aaluuka, third parties, and other users of the Site or for purposes of
responding to your request for customer service. Aaluuka's right to disclose
any such information shall govern over any terms of our Privacy Policy.
Please note, that if you order as a Guest, we will still store some
information to ensure we can send your order to you but may not be able to
access your order information after delivery which will limit or cause any
returns or refunds to be denied.
7. Terms of Sale. All product sales from the Site are governed by any terms
of sale that may be posted on the Site. By ordering and/or accepting
delivery of the products, you agree to be bound by these terms of sale. The
terms of sale are subject to change without prior notice at any time, in
Aaluuka's sole discretion so you should review the terms of sale each time
you make a purchase. Additional information may be found in our FAQ and
online shopping sections of the Site.
8. User Communications and User Content. By submitting material to this Site
(“User Communications”), including, but not limited to, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or
other communication, you warrant that such content is original to you, that
you own all applicable legal rights in such content, and that the content
does not and will not infringe upon the rights of any other person or
entity. Further, by submitting any User Communication, you agree and
acknowledge that you have expressly granted Aaluuka a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, and distribute such material (in whole or
in part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. You also permit any other
users to access, view, store, or reproduce the material if posted in a
public area of the Site for that user's personal use. You hereby grant
Aaluuka the right to edit, copy, publish and distribute any material made
available on this Site by you, including, but not limited to, information,
suggestions, ideas, events, comments, commentary, and other postings. You
agree that we may use any User Communication for any purpose in our sole
discretion, including reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner
whatsoever for any or all commercial or non-commercial purposes. You agree
that Aaluuka shall be under no obligation: (a) to maintain any User
Communication in confidence; (b) to pay compensation for any User
Communication; and/or, (c) to monitor, use, return, review or respond to any
User Communication. You further agree that you will not upload, post or
otherwise make available on the Site any material protected by copyright,
trademark, patent, trade secret or any other proprietary right without the
express permission of the owner of such copyright, trademark, patent, trade
secret or other proprietary right owned by a third party, and the burden of
determining whether any material is protected by any such right is on you.
You shall be solely liable for damage resulting from your account, or any
infringement of copyrights, trademarks, patents, or other proprietary
rights, or any violations of rights of privacy or publicity, or any other
harm resulting from any Submission that you make.
9. No Liability for User Communication. We will have no liability related to
the content of any User Communication, whether or not arising under the laws
of copyright, libel, privacy, obscenity, or otherwise. You warrant, certify,
and represent that any individuals depicted in audio or visual files
submitted as part of a User Communication, other than yourself, are of the
age of majority in their respective states of residence; and you grant the
right to Aaluuka to copy, edit, change, revise, display, perform, publish,
distribute the likenesses of those individuals and that you have the
authority to attest to this release on their behalves. In addition, to the
extent any User Communication contains your or any other person's name,
likeness, voice or biographical information ("Personal Rights"), you hereby
grant and will cause such other person to grant to Aaluuka a sublicensable,
transferable, perpetual, nonexclusive, worldwide, royalty-free license to
(in any media, whether now known or not currently known or invented) exploit
or use such Personal Rights for any advertising or marketing of Aaluuka
products and services (in any media, whether now known or not currently
known or invented). User Communications shall be considered non-confidential
and Aaluuka is under no obligation to treat such User Communications as
proprietary information except pursuant to Aaluuka's Privacy Policy
applicable to personally identifiable information. If any of the individuals
depicted in any User Communication are minors in their respective states of
residence, you certify, warrant and represent that you are the parent or
legal custodian of each such individual and you grant the use of the media
containing his/her depiction in accordance with the Terms.
10. User Content. When submitting User Communications to or otherwise using
the Site, you agree not to, without limitation: (a) defame, abuse, harass,
stalk, threaten, or otherwise violate the legal rights (such as rights of
privacy and publicity) of others; (b) use racially, ethnically, or otherwise
offensive language; (c) discuss or incite illegal activity; (d) use
explicit/obscene language or solicit/post sexually explicit images (actual
or simulated); (e) post anything that exploits children or minors or that
depicts cruelty to animals; (f) post any copyrighted or trademarked
materials without the express permission from the owner of such copyright or
trademark; (g) post any person's name, likeness, voice or biographical
information without the express permission from such person (or if that
person is a minor, from that person's parent or legal guardian); (h)
disseminate any unsolicited or unauthorized advertising, promotional
materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any
other form of such solicitation; (i) use any robot, spider, scraper or other
automated means to access the Site; (j) take any action that imposes an
unreasonable or disproportionately large load on our infrastructure; and/or
(k) alter the opinions, goals, profiles or comments posted by others on the
Site. This list of prohibitions provides examples and is not complete or
exclusive. Aaluuka reserves the right in its sole discretion to (a)
terminate your access to your account; (b) terminate your ability to post to
the Site (or the services) and (c) refuse, delete, modify, edit or remove
any User Communications; with or without cause and with or without notice,
for any reason or no reason, or for any action that Aaluuka determines is
inappropriate or disruptive to this Site or to any other user of the Site
and/or services. Aaluuka may report to law enforcement authorities any
actions that may be illegal, and any reports it receives of such conduct.
When legally required or at Aaluuka's discretion, Aaluuka will cooperate
with law enforcement agencies in any investigation of alleged illegal
activity on the Site or on the Internet.
11. Third Party User Communications. Aaluuka takes no responsibility and
assumes no liability for any User Communications posted or uploaded by you
or any third party, or for any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or profanity you may
encounter. As a provider of products and reviews, Aaluuka is only a forum
and is not liable for any statements, representations, or User
Communications provided by its users in any public forum or personal home
page. These prohibitions do not require Aaluuka to monitor, police, or
remove any User Communications or other information submitted by you or any
other user.
12. Products Descriptions. In describing and portraying our products on the
Site, we attempt to be as accurate as possible. However, we do not warrant
that the product descriptions are accurate, complete, reliable, current, or
error-free. We reserve the right to correct any typographical errors,
inaccuracies, or omissions that may relate to product descriptions, pricing,
and availability from time to time without prior notice. We have made every
effort to display as accurately as possible the colors of our products that
appear on our Site. We cannot guarantee that your computer monitor’s display
of any color will be accurate, complete, reliable, or error-free. Please
note that such errors, inaccuracies, and/or omissions may relate to the
pricing and availability, and to the extent permitted by applicable law,
Aaluuka reserves the right to cancel and/or refuse to accept any order
placed on incorrect pricing or availability information. We apologize for
any inconvenience.
13. Payment. Payment for all products is processed through Paypal.com and/or
Authorize.net. Please refer the respective site that is processing your
payment for information regarding the use of any personal information you
submit through its site.
14. Shipping. When you place an order on our Site, we will ship your order
to the address designated by you as long as that shipping address can accept
packages. We may require verification of information prior to the acceptance
and/or shipment of any order. We reserve the right, without prior notice, to
limit the order quantity on any product or service, and/or to refuse service
to any customer.
15. Returns. All purchases made through the Site are final unless otherwise
stated in our policies and procedures relating to orders placed through the
Site which can be seen here.
16. Risk of Loss. All products purchased on our Site are made pursuant to a
shipping contract. This means that the risk of loss for all items purchased
pass to you upon delivery of the items to the carrier. You are responsible
for filing any claims with carriers for damaged and/or lost shipments.
17. Modifications. Any Content offered or posted on the Site is subject to
modification or discontinuation at any time and from time to time without
notice or obligation to you. Without limiting the foregoing, Aaluuka
reserves the right, in its sole discretion, to charge fees for the use or
purchase of, or access to, any products, services or Content offered through
the Site, at any time and from time to time.
18. Links to Third Party Websites. The Site may contain links to websites
and other resources operated by third parties other than Aaluuka. Such links
are provided solely as a convenience to you. Aaluuka does not control such
websites, and is not responsible for the content, products, services, or
information offered by any third parties. The inclusion of links to such
websites on the Site does not imply any endorsement of any website or the
content, products or services offered, advertised, endorsed or promoted by
any third party, or of any company or person. If you decide to access any
third party websites or acquire any third party products or services, you do
so entirely at your own risk, and you may be subject to the terms and
conditions and the privacy policies imposed by such third parties.
19. Use of Products. YOUR USE OF ANY PRODUCTS PURCHASED FROM THIS SITE IS AT
YOUR OWN RISK. IN NO EVENT WILL AALUUKA BE LIABLE TO YOU FOR ANY DAMAGES
CAUSED BY THE USE OF PRODUCTS ON THIS SITE. YOU UNDERSTAND THAT THE PRODUCTS
YOU ARE BUYING THROUGH THIS SITE IF USED INCORRECTLY OR AGAINST THE
RECOMMENDED USE MAY BE HAZARDOUS TO YOUR HEALTH OR SOMEONE ELSE'S. YOU AGREE
AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO USE THE PRODUCTS IN A SAFE
MANNER. FURTHER, YOU AGREE AND ACKNOWLEDGE THAT USE OF ANY PRODUCTS MAY BE
HAZARDOUS AND CAUSE SERIOUS PHYSICAL HARM OR EVEN DEATH. YOU TAKE FULL
RESPONSIBILITY FOR THE USE OF ANY PRODUCT YOU BUY THROUGH THIS SITE AND
AGREE TO INDEMNIFY AND HOLD HARMLESS AALUUKA FOR ANY INJURIES OR DEATH
CAUSED BY THE USE OF SUCH PRODUCTS.
20. Warranties and Disclaimer. THE SITE, USER COMMUNICATIONS, AND ANY
CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, AALUUKA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND
CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, USER
COMMUNICATIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY,
MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER
MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR
CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN
ADDITION, AALUUKA DOES NOT REPRESENT OR WARRANT THAT THE SITE, USER
COMMUNICATIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION
ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY
PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT THE TIME OF ORDER. AS
A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO AALUUKA THAT YOU WILL
NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE
TERMS OF USE. IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR
INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. AALUUKA THEREFORE RESERVES
THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER
AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME
WITHOUT PRIOR NOTICE.
21. Limitation of Liability. AALUUKA AND ITS PARENT, AFFILIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS
AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST
PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES
WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT
OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY
UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND
MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Certain laws do not allow
limitations on implied warranties or conditions, or the exclusion or
limitation of certain damages. If these laws apply, some or all of the above
disclaimers, exclusions, or limitations, may not apply to you, and you may
have additional rights to those contained herein.
22. Copyright, Trademark, and Intellectual Property Complaints. Aaluuka
respects the intellectual property rights of others. We are committed to
complying with copyright and related laws, including the Digital Millennium
Copyright Act (DMCA), and we require all users of the Site to comply with
these laws. Accordingly, you may not upload, post, store any material or
content on, disseminate any material or content over, or otherwise transmit
to or on the Site in any manner material that constitutes an infringement of
third party intellectual property rights, including but not limited to,
rights granted by copyright law. You may not post, modify, distribute, or
reproduce in any way any copyrighted material, trademarks, or other
proprietary information belonging to others without obtaining the prior
written consent of the owner of such proprietary rights. When Aaluuka
receives proper Notification of Alleged Copyright Infringement, Aaluuka
promptly removes or disables access to the allegedly infringing material
upon conclusion the material infringes upon another rights and terminates
the accounts of repeat infringers as described herein in accordance with the
Digital Millennium Copyright Act. If you believe that any material on the
Site infringes upon any copyright that you own or control, please see
contact us at info@aaluuka.com for more information on how to report
infringement of your copyright. Aaluuka may, at its sole discretion,
terminate any Users who are deemed by Aaluuka to be have committed copyright
infringement, whether or not there is any repeat infringement.
23. Termination of Agreement. Aaluuka may terminate this Agreement at any
time. Without limiting the foregoing, Aaluuka shall have the right to
immediately terminate your use of this Site in the event of any conduct by
you that Aaluuka, in its sole discretion, considers to be unacceptable, or
in the event of any breach by you of this Agreement.
24. Termination of Use of Site if Under 13. Aaluuka may terminate your use
of the Site, delete any content or information that you have posted on the
Site, refuse any orders, and/or prohibit you from using or accessing the
Site for any reason, or no reason, at any time in its sole discretion, with
or without notice, including if it believes that you have accessed this Site
and are under 13 year of age or violate these Terms of Service.
25. Waiver. No action taken pursuant to this Agreement, including any
investigation by or on behalf of any party, shall be deemed to constitute a
waiver by the party taking such action of compliance with any
representation, warranty, covenant, or agreement contained herein or therein
and in any documents delivered in connection herewith or therewith. The
waiver by any party hereto of a breach of any provision of this Agreement
shall not operate or be construed as a waiver of any subsequent breach.
26. Headings. The headings and captions of this Agreement are for
convenience and reference only and in no way define, describe, extend, or
limit the scope or intent of this contract, or the intent of any provisions
hereof.
27. Severability. If any provision of this Agreement is held invalid by a
court of competent jurisdiction, such invalidity shall not affect the
enforceability of any other provisions contained in this Agreement and the
remaining portions of this Agreement shall continue in full force and
effect.
28. Governing Law; Venue and Jurisdiction. By using the Site and/or
purchasing products from this Site, you agree that the laws of the State of
Colorado, without regard to principles of conflict of laws, will govern
these Terms of Use and any dispute of any sort that might arise between you
and Aaluuka. You agree not to commence or prosecute any action in connection
therewith other than in the state and federal courts of Denver, Colorado,
and you hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to, venue and
jurisdiction in the state and federal courts of Colorado.
29. Indemnity. You agree to indemnify and hold Aaluuka, its subsidiaries and
affiliates, and each of their directors, officers, agents, contractors,
partners, and employees, harmless from and against any loss, liability,
claim, demand, damages, costs, and expenses, including reasonable attorneys
fees, arising out of or in connection with any use of the Site, your conduct
in connection with the Site, or with other users of the Site, or any
violation of this Agreement or of any law or the rights of any third party.
30. No Assignment. No modification or amendment of this Agreement shall be
valid unless in writing.
31. Successors and Assigns. Rights and obligations created by this contract
shall be binding upon and inure to the benefit of the parties hereto, their
successors and assigns.
32. Number and Gender. Whenever used, the singular number shall include the
plural, the plural the singular, and the use of any gender shall include all
genders.
33. Definitions and Constructions. Unless otherwise specified, the terms
"includes", "including", "e.g.,", "for example", and other similar terms are
deemed to include the term "without limitation" immediately thereafter.
Terms used in this Agreement with the initial letter(s) capitalized will
have the meaning attributed to them in this Agreement.
34. Electronic Communications. You consent to receive electronic
communications from Aaluuka either in the form of email sent to you at the
email address listed on your account or by communications posted on the
Site. You acknowledge and agree that any electronic communication in the
form of such email or posting on the Site shall satisfy any legal
requirement that such communication be in writing.
35. Gift Cards. No taxes are charged on the purchase of Gift Cards however any
applicable taxes will be charged when Gift Cards are redeemed. Gift Cards can be
redeemed only for future purchases of merchandise at http://www.aaluuka.com/.
Upon redeeming your gift card, if your purchase exceeds the amount of the gift
card, you will need to pay the balance. When redeeming Gift Cards, any unused
balance will be available for future purchases of merchandise. Gift Cards
usually arrive within 24 hours. Gift cards may not be resold. Gift cards
purchased through any unauthorized resellers, e-Bay or other internet auction
sites are not guaranteed by Aaluuka. Use of Aaluuka Gift Cards constitutes your
acceptance of these terms and conditions.
36. Aaluuka Agent Program. Once an ID is issued to the applying individual into
the Aaluuka Agent Program, the individual is herein after considered accepted
into the Aaluuka Agent Program and is referred to as an Aaluuka Agent and agrees
to the terms of the Aaluuka Agent Loyalty Program as found on the Aaluuka web
site. Aaluuka Agent also agrees to the use of any information they submit
including but not limited to bio and picture of likeness to be used in
conjunction with the promotion of Aaluuka. Without cause, Aaluuka may change the
terms of the program including terminate the Aaluuka Agent Program in its
entirety or with any individual Aaluuka Agent at any time for any reason without
formal notification provided to agent/agents. Aaluuka assumes no liability or
financial responsibility for any injury caused to Aaluuka Agent during the term
of this Agreement of which the term is considered indefinite. Aaluuka Agent
releases Aaluuka from any liability regarding the actions of individuals that
view the individuals Aaluuka Agent material including but not limited to bio and
pictures on posted Aaluuka promotional mediums. Aaluuka Agent may if they
choose, terminate agreement via a written notice submitted to Aaluuka.
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