Terms & Conditions Service Agreement

Last updated: March 7, 2022

Our objective here at 808biz, with our Business Builder Services is to help Hawaii Business owners run a successful and profitable business. We offer our clients a simple and straightforward Registered Agent Service and a Business Filing Service for Hawaii Businesses. Please review the following terms and conditions ("Terms") that govern your use and access to the services, products, software and websites (“Services”) provided by 808biz, Inc and any of our affiliates (collectively, “Company”, “We”, “Us” or “Our”) 808.biz and any 808 BIZ brand mobile applications (collectively, our "Site"). The Site is provided by 808biz, Inc. ("808biz"). By creating an Account or otherwise accessing or using the Site, you acknowledge and agree to follow and be bound by these Terms.

SiteGuard is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis. If you do not agree with these Terms, or the terms contained in our Privacy Policy, then you should not use our Services or this website.

  • These Terms and the terms of our Privacy Policy constitute the entire agreement between you and us with respect to our Services and websites.
    These Terms supersede and replace any other prior or contemporaneous agreements, or terms and conditions that may be applicable. These Terms create no third party beneficiary rights.
  • We may revise these Terms from time to time, and will always post the most current version on our website.
    By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.
  • Our failure to enforce a provision of these Terms is not a waiver of our right to do so at a later date.
    If a provision of these Terms is found to be unenforceable, the remaining provisions of the Terms will remain in full force and effect. You may assign your rights and obligations under these Terms provided we receive prior written notice of, and approve of, such assignment. We will not unreasonably withhold our approval. We may assign our rights or obligations to any successor in interest of any business associated with the Services.

Introduction
Accounts & Registration
Shipping, Processing & In-Store Pickup
Merchandise Availability
Product Information
Transactions
Intellectual Property Rights
Comments, Feedback & Other Submissions
Our Services
Terminate Registered Agent Service
Terminate Other Services
Assignment
Privacy
User Content
License to Your Content
Auto Pay Feature
Sole Discretion to Edit or Screen Content
Acceptable Use
Copyright Infringement Policy/DMCA
Disclaimer, Limitation of Liability & Indemnity
Dispute Resolution
Applicable Law & Venue
Links to Other Websites & Services
Google Maps Privacy & Terms of Service
Additional Terms, Modification & Severability, Miscellaneous

Minors or people below 18 years old are not allowed to use this Website.

By using the Site, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Site does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 18 years of age.

These terms include a class action waiver and require binding arbitration on an individual basis to resolve disputes. More details are set forth in sections below.

To learn more about our the duties of a Hawaii Registered Agent, as laid out by the Hawaii state legislature, please consult section §425R-11 of the Hawai’i Revised Statutes (HRS).

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You must set up a user account to use certain features of the Site ("Account"), such as when you register for a net30 account and participate in services including Wish List, Product Reviews, and Learning Center. You will need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Site that occurs under your Account, including, but not limited to, Use of the Site by any person who uses your Account, with or without authorization. You agree to notify Our customer service immediately of any unauthorized use or any other breach of security on your Account. We will not be liable for losses incurred as a result of an unauthorized use of a password or account. Personal information submitted through the Site is governed according to 808 BIZ Privacy Policy.

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For information about our shipping and other delivery options and policies, please visit our Pickup and Delivery page.

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Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You can always verify availability by calling Customer Service at 1.800.269.8550 or by joining us in Chat. You will receive a shipping confirmation email once your items have shipped.

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The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.

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We reserve the right to refuse or cancel any order you place on the Site, including for pricing errors, as set forth in our Pricing Policy. We reserve the right to limit quantities on orders placed by the same Account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, prohibit purchases of any products to resellers, dealers, and distributors.

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.

You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.

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The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the Site, the Site as a whole, and all other elements of the Site (collectively, "Contents") are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All Contents are owned, controlled, or licensed by 808biz or its subsidiaries and affiliates. Any use of the Contents without Our express written consent is strictly prohibited. We reserve all rights to the Contents not granted expressly in these Terms. Any material downloaded or otherwise obtained through the Use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

808biz grants you a limited license to access and Use the Site and the Content solely for your personal, noncommercial Use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial Use only. No right, title, or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

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You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Us using this Site or otherwise (collectively, "Comments") are not confidential. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve the Site and create other products and services.

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  • Authorization to Receive Service of Process & Other Legal Documents
    As part of our duties as a Hawaii registered agent, you authorize us to receive service of process and legal documents of any kind (“Legal Documents”) on your behalf. You also agree that we can open, scan, upload and transmit the Legal Documents into your account in connection with providing Services to you. Registered agent services are limited to the receipt of service of process as well as the receipt and forwarding of Legal Documents, and do not include the receipt of any general or regular mail or other items. Accordingly, we do not assume liability to you, or any third party, for loss of mail or other items which are not Legal Documents.
  • Working with Third-Party Service Providers
    We may work with third-party providers to provide some of the registered agent services. You acknowledge and agree that these service providers may assist us in providing you with registered agent services.
  • Provision of Accurate and Current Information
    You agree that you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your information. You agree that the accuracy of filings which we make on your behalf depends on the information you provide and you agree to promptly notify us when any of your information changes.
  • Regular Documents
    Not all documents are created equally. The documents that we receive at our addresses on your company’s behalf which are not communications from the Secretary of State related to your company’s registration nor documents related to legal service of process are considered by us to be “Regular Documents.” Depending on which services you have purchased from us, there may be a limit on how many Regular Documents will be accepted by our office on your company’s behalf without incurring additional fees. Additionally, you may be charged for any physical document forwarding requests that exceed your purchased limits. You agree to pay the fees that we post to your account related to any Regular Documents which we receive on your company’s behalf in excess of your purchased service limit. This includes any fees posted in relation to requests to forward physical documents. While we strive to process your Regular Documents as quickly as possible, you agree that we are not liable for any missed deadlines, time limits or other time sensitive Regular Documents we may receive, regardless if such Regular Document are within your purchased service limit or not.
  • Electronic Records and Signatures
    We may need to file documents on your behalf so you consent to us affixing your electronic or hard copy signature in order to file documents on your behalf.
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  • Termination by Us
    We may terminate your registered agent Service at any time. Reasons for termination may include, but are not limited to: i) your failure to provide accurate, complete and current information for your account; ii) the inability to locate you after reasonable efforts are made; iii) your failure to pay for your Service; or iv) suspected illegal activity.
  • Termination by You
    You may terminate your Service by logging onto your account and canceling your Service in your client portal. If we receive any documents on your behalf after you have canceled your account, you can either sign up for new registered agent services, pay for all Services provided by us prior to your cancellation, or pay a per document fee to view the document.
  • Handling of Legal Documents After We are No Longer Your Registered Agent
    Once we are no longer your registered agent, if we receive further Legal Documents on your behalf, we will send an email notice to the last known email address that we have on file for you. If you want to view a Legal Document, you will need to renew your service with us, pay any fees incurred prior to cancellation or pay a per document fee in order to view the Legal Document. Once you take one of these actions, we will upload the Legal Document so that you can view it.
  • You Waive and Release any Claims and Agree to Hold Us Harmless and Indemnify Us
    You waive and release us from any obligation to forward or re-mail documents that are received after your registered agent Service has been terminated and you specifically agree that we have no obligation to forward or re-mail any documents to you except as outlined in these Terms. You further agree to hold us and our affiliates harmless from any third party claim arising out of a delay or failure of you to receive Legal Documents after your registered agent Service has been terminated.
  • No Refunds for Registered Agent Services
    We do not offer full or prorated refunds for canceled registered agent Service. This Service is purchased and renewed on an annual basis and must be terminated prior to the annual renewal date to avoid recurring annual charges.
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These Terms constitute an agreement that is effective unless and until terminated by Us. We may, at our sole discretion, terminate these Terms or your Account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your Account at any time by contacting Our customer service. If in Our sole discretion you fail to comply with any term or provision of these Terms, We may terminate your Account and deny you access to the Site. In the event of denial of access by Us, you are no longer authorized to access the Site. Upon termination of these Terms: (a) you must immediately cease Use of the Site; (b) you will no longer be authorized to access your Account or the Site; and (c) the following Sections will survive termination: Sections 8, 15, 16, 20, 22, 23, 26, and all other provisions of these Terms which are by their nature intended to survive termination.

Termination by Us:

We may terminate a Service or Services at any time. Reasons for termination may include, but are not limited to:

  • your failure to provide accurate, complete and current information for your account;
  • the inability to locate you after reasonable efforts are made;
  • your failure to pay for your Services;
  • suspected illegal activity;
  • any other lawful reason

Termination by You:

You can terminate any Service or Services at any time. To terminate a Service other than Registered Agent Services, log in to your account and cancel your Service in your client portal. To end a service with us and no longer receive invoices, you are required to login and request cancellation of a service with us directly, so you can read and agree to the end of service terms. Cancellation can be requested at any time. There are no fees to cancel, but upon cancellation of services, you may be required to pay any past-due balances related to such services, unless otherwise specified in this agreement.

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Some of our Services are billed via an automatic payment feature unless you choose to opt out of this feature within your client account. Customers who opt-out will be invoiced for payment. All accounts using auto-payment must provide us with valid and current credit card information and you agree that we are authorized to charge such credit card for all purchased Services as well as fees incurred in providing you with Services.

Specifics Regarding Auto-Pay Features:

  • all auto-payments will be charged to the credit or debit card on file for the business entity or individual.
  • all auto-payment services must be canceled at least one (1) day before the next charge date to avoid paying for the next month of Services, or year of annual Service. All cancellations must be handled through your online account.
  • customers enrolling in our Virtual Office Services must enroll in monthly automatic payments and you authorize us to charge your account for Services every thirty days.
  • annual auto-pay charges that fail to process will be rendered an unpaid invoice in your online account and subject to the fees and procedures outlined in these Terms.
  • monthly subscription or auto-pay charges that fail to process will result in the cancellation of all applicable Services and features.
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808biz is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

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Any personal information that you provide to Us is subject to our Privacy Policy. Please review the Privacy Policy for more information about how we collect and use personal information.

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15. User Content

Certain features of the Site may permit users to upload, submit, and post content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Site. 808biz uses a variety of third-party social media websites, communication services, and media channels such as Facebook, Twitter, and Instagram (collectively, "Social Media Assets") to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site or Social Media Assets. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site.

808biz does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on forums, blogs or otherwise contained in the Site and expressly disclaims any and all liability in connection with User Content submissions. 808biz disclaims any and all liability in connection with User Content, and you agree that 808biz and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content.

By providing User Content via the Site or Social Media Assets, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize 808biz and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by Us, the Site, and these Terms;

b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Us to violate any law or regulation or otherwise cause liability for Us; and

c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate

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By posting, displaying, uploading, or providing User Content to the Site or  Social Media Assets, you hereby grant Us a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use,  copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. By providing User Content to or via the Site to other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.

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808biz does not and cannot review or screen all User Content and is not in any manner responsible for the content of User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Site, 808biz is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. 808biz reserves the right, but undertakes no duty, to at any time and without prior notice review, screen, remove, edit, move, delete, or block any User Content, in its sole discretion, without notice. If at any time 808biz chooses, in its sole discretion, to monitor the Site, 808biz nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.

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You are responsible for your Use of the Site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you Use the Site, you may not:

  • violate any law or regulation;
  • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
  • publishing any Website material in any other media;
  • post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
  • advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
  • alter or tamper with any Contents, information, or materials on or associated with the Site;
  • transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
  • disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware, or servers in any way;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • impede or interfere with others' Use of the Site;
  • abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing
  • using this Website in any way that impacts user access to this Website;
  • use any robots, spiders, scrapers or any other automated means to access the Site for any purpose.
  • use any means to scrape or crawl any web pages contained on the Site;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • using this Website to engage in any advertising or marketing.
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Site;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Certain areas of this Website are restricted from being access by you and 808biz may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

You agree to hold Our Confidential Information in confidence during the term of this Agreement and for a period of four (4) years after termination of this Agreement. You agree that, unless required by law, you will not make Our Confidential Information available in any form to any third party or use Our Confidential Information for any purpose other than the implementation of this Agreement. If you are required by law to disclose Our Confidential Information, you will provide 808 BIZ with reasonable notice of your intent to comply and provide all reasonable cooperation in assisting 808 BIZ to minimize the disclosure.

“Confidential Information” means any information disclosed by 808 BIZ to you under circumstances that would lead a reasonable person to conclude that the information was confidential. Notwithstanding the above, the following types of information shall be considered Confidential Information, regardless of whether they are marked as such: any software or documentation related to the Services, trade secrets, technical know-how, inventions, educational materials, product development plans, pricing, marketing plans, and customer lists. Confidential Information shall not include information that: (i) is or becomes generally available through no act or omission of yours; (ii) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from 808 BIZ or (iii) is lawfully disclosed to you by a third party without restriction on disclosure. In the event that you become aware of an unauthorized use or disclosure of any 808 BIZ Confidential Information, you will promptly inform 808 BIZ and provide reasonable assistance in the investigation or prosecution of any such unauthorized use or disclosure.

In using 808 BIZ and our Services, you may not, nor may you permit any third party, directly or indirectly, to:

  • access or monitor any material or information on any of our systems, using any manual process or robot, spider, crawler, scraper, or other automated means;
  • except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
  • perform or attempt to perform any actions that would interfere with the proper working of the Services, or prevent access to or use of the Services by our other customers;
  • copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from us;
  • transfer any rights granted to you under these Terms;
  • use the Services except as expressly allowed under these Terms.

If we reasonably suspect that your account has been used for an unauthorized, illegal or criminal purpose, you hereby give us express authorization to share information about you and your account with law enforcement.

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We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you are a copyright owner (or an agent of a copyright owner) and believe any user material posted on our site infringes upon your copyrights, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act (“DMCA”) by sending an e-mail to our Designated Copyright Agent containing the following information:

  • A clear identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are posted on a single web page and you notify us about all of them in a single notice, you may provide a representative list of such works found at the site.
  • A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our website (such as the message ID of the infringing material).
  • A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  • A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Your contact information so that we can reply to your notice, preferably including an e-mail address and telephone number.
  • The notice must be physically or electronically signed by the copyright owner or a person authorized to act on behalf of the owner.

The contact information for Our Copyright Agent is as follows:

Copyright Agent
808biz Inc.
909 Kapiolani Blvd, Suite 1901
Honolulu,  HI  96814
.

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.

We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability.

808biz may at its discretion suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.

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THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. 808biz DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 808biz DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH 808biz ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.  

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER 808biz 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, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE.

808biz IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF 808biz TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 808biz AND ITS AFFILIATES, AND THEIR RESPSECTIVE SHAREHOLDERS, 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 THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to 808biz through the Site during the prior twelve (12) months.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

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We provide information and act as a fulfillment service provider. We are not a law firm or an attorney and do not provide legal advice. As we are not attorneys, there is no attorney-client relationship between us and none of the communications between us are protected as attorney-client communications. Use of our services as a fulfillment service provider shall NOT create any fiduciary duty or obligations, either implied or express, by any agent, affiliate or employee of the company.

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Our Customer Service Specialists are ready to answer your questions or resolve most issues promptly when you call us directly at 800-269-8550. If you prefer, you may .

You agree that any action or proceeding by you relating to any dispute must commence within one year after the alleged cause of action accrues.

In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and 808biz or any 808biz affiliate (including any claim, controversy, or dispute between you and a third-party agent of 808biz or any 808biz affiliate) will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes relating to your access or Use of our Site, any products or services purchased from 808biz through our Site or stores. All disputes and claims between us shall be determined by arbitration in Honolulu, Hawaii and will be heard by a single arbitrator. The sole exceptions to the foregoing requirement to arbitrate are that: (a) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and advances only on an individual (non-class, non-representative basis); and (b) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH 808biz IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You agree that the arbitration shall be administered by JAMS Alternative Dispute Resolution("JAMS"), jamsadr.com, pursuant to its Comprehensive Arbitration Rules and Procedures. If the amount of the claims and counterclaims are less than Two Hundred and Fifty Thousand Dollars ($250,000.00), then the JAMS Streamlined Arbitration Rules and Procedures will be used. To begin an arbitration proceeding, you may either (1) send a letter requesting arbitration and describing your claim to: 808biz, Inc., Attn: General Counsel and Corporate Secretary, 909 KAPIOLANI BLVD, SUITE 1901, HONOLULU, HI 96814; or (2) contact the JAMS and follow the appropriate procedures with the JAMS to commence an arbitration. The JAMS consumer rules for arbitration shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the JAMS's applicable consumer rules. Likewise, 808biz will not seek attorneys' fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

As set forth above, we each agree to bring any dispute on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR 808biz WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

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The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Hawaii, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.  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 United States and by the laws of the State of Hawaii.

Any action relating to the Use of the Site or any transaction with 808biz must be brought in the state or federal courts located in Honolulu, Hawaii, for any lawsuit or court proceeding permitted under these Terms. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

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This Site may include links to other websites maintained by third parties ("Linked Sites").  808biz provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by 808biz of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the 808biz Site. Linked Sites are not under the control of 808biz and 808biz is not responsible for the contents of any Linked Site.

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Your use of mapping available on this Site is governed by the Google Maps Terms of Service and Google Privacy Policy. Google reserves the right to change the Google Terms of Service and Privacy Policy at any time, at their sole discretion. For additional information, please see Google Maps Terms of Service and Google Privacy Policy.

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Please review our other terms and policies ("Additional Terms") posted on the Site, including the Privacy Policy. The Additional Terms also govern your Use of the Site are incorporated by reference into, and made a part of, these Terms. These Terms constitute the entire agreement between you and 808biz relating to the subject matter addressed herein.

We reserve the right to modify, suspend, or discontinue the Site and any service, content, features, or products offered through Site at any time, without notice to you. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you Use the Site, you should review the current Terms. Your continued Use of the Site will constitute your acceptance of the current Terms.

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.

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We're here to help

Please feel free to give us a call at 800-269-8550 if you have any questions or concerns about our terms of service. We can also be reached by email if you prefer to .

“Force Majeure”

We shall not be considered to be in breach or default of these Terms, and shall not be liable for any cessation, interruption, or delay in the performance of our Services or other obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or of the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar even that is beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than sixty days in the aggregate, we may immediately terminate our Services and shall have no liability for, or as a result of, any such termination.