Terms
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE LAMAI PRODUCTS PAGE. TO AGREE TO THESE TERMS, CONTINUE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
LAMAI THAI MASSAGE THERAPY AND YOGA SUPPLIES TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
DH and KH dba Lamai Thai Massage Therapy and Yoga Supplies accept these forms of payment: credit cards issued by U.S. banks, payments through your PayPal account, cashier’s check and personal checks. If a credit card or your PayPal account is being used for a transaction, Lamai Thai Massage may obtain pre-approval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction. If you are using 1-Click purchasing or your PayPal account, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders.
You agree that you will pay for all products you purchase through the Services, and that Lamai Thai Massage may charge your credit card or PayPal account for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING DH AND KH DBA LAMAI THAI MASSAGE THERAPY AND YOGA SUPPLIES WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online in the Account Information section; this may temporarily disrupt your access to the Services while DH and KH dba Lamai Thai Massage Therapy and Yoga Supplies verifies your new payment information.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time of your purchase.
All sales of services and of products are final.
Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by DH and KH dba Lamai Thai Massage Therapy and Yoga Supplies.
Gift Certificates and their unused balances are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts or other Gift Certificates, used for purchases on the retail store. Unused balances are not transferable.
Gift Certificates purchased in the United States may be redeemed through the Services only in the United States, its territories, and possessions
Neither Issuer nor DH and KH dba Lamai Thai Massage Therapy and Yoga Supplies is responsible for lost or stolen Gift Certificates. Lamai Thai Massage Therapy reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, is fraudulently obtained or used.
DH AND KH DBA LAMAI THAI MASSAGE THERAPY AND YOGA SUPPLIES, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
GIFTS
Gifts purchased from the Product page on line may be purchased only for, and redeemed only by, persons in the United States, its territories, and possessions.
ELECTRONIC CONTRACTING
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
DH and KH dba Lamai Thai Massage Therapy and Yoga Supplies is not responsible for typographic errors.
PRIVACY
All copyrights in and to the Lamai Thai Massage Therapy and Yoga Supplies Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by DH and KH dba Lamai Thai Massage and Yoga Supplies and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE LAMAI GOODS AND SERVICES, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Lamai, the Lamai logo, and trademarks, service marks, graphics, and logos used in connection with the Lamai Thai Massage Goods and Service are trademarks or registered trademarks of DH and KH. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Lamai Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail, or Lamai Thai Massage Therapy suspects that you have failed, to comply with any of the provisions of this Agreement, Lamai, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination.
Lamai Thai Massage Therapy reserves the right to modify, suspend, or discontinue the goods and Services (or any part or content thereof) at any time with or without notice to you, and Lamai Thai Massage Therapy will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
LAMAI THAI MASSAGE THERAPY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME LAMAI MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
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 ARE (EXCEPT AS EXPRESSLY STATED BY LAMAI) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL DH AND KH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE LAMAI SERVICES, 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 ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA INTERNET SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LAMAI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
LAMAI THAI MASSAGE THERAPY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LAMAI THAI MASSAGE THERAPY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
LAMAI THAI MASSAGE DOES NOT REPRESENT OR GUARANTEE THAT THE GOODS AND SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LAMAI DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE LAMAI THAI MASSAGE GOODS AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD DH AND KH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE GOODS AND SERVICES, OR ANY ACTION TAKEN BY DH AND KH AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM DHA ND KH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF LAMAI’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
Lamai Thai Massage Therapy reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the goods and Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the goods and Services will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and DH and KH dba Lamai Thai Massage Therapy and Yoga Supplies and governs your use of the goods and Services, superseding any prior agreements between you and DH and KH. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Lamai Thai Massage Therapy’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Lamai Thai Massage Therapy will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Lamai Thai Massage reserves the right to take steps Lamai Thai Massage Therapy believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Lamai Thai Massage Therapy has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Lamai Thai Massage Therapy believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Lamai Thai Massage Therapy’s right to cooperate with any legal process relating to your use of the services and products and/or a third-party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).