Terms & Condition

TERMS OF USE OF THE PAUL BROWN HAWAII® WEBSITES

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this “paulbrownhawaii”). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site

The Paul Brown Hawaii Websites (collectively, the “Paul Brown Hawaii Web Sites”) operated by PBH Marketing Ltd. is comprised of various Web sites and Web pages. The Paul Brown Hawaii Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Paul Brown Hawaii Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Paul Brown Hawaii website included within the Paul Brown Hawaii Web Sites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the Paul Brown Hawaii Web Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Paul Brown Hawaii website, then these terms shall control.

MODIFICATION OF THE TERMS OF USE

Paul Brown Hawaii reserves the right to change the terms, conditions, and notices under which the Paul Brown Hawaii Web Sites are offered, including but not limited to the charges associated with the use of the Paul Brown Hawaii Web Sites. You are responsible for regularly reviewing these terms and conditions.

USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Paul Brown Hawaii Web Sites are for your personal, noncommercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Paul Brown Hawaii Web Sites, unless this is done for noncommercial purposes.

Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Paul Brown Hawaii is strictly prohibited.

Harassment in any manner or form on any of the Paul Brown Hawaii Web Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Paul Brown Hawaii employee, host, or representative or other members or visitors on the Paul Brown Hawaii Web Sites is prohibited. You may not upload to, distribute, or otherwise publish through the Paul Brown Hawaii Web Sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

COPYRIGHTS AND TRADEMARKS

The entire content included in the Paul Brown Hawaii Web Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of PBH Marketing Inc. The collective work includes works that are licensed to Paul Brown Hawaii. ALL RIGHTS RESERVED.

All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Paul Brown Hawaii, or other respective owners that have granted Paul Brown Hawaii the right and license to use such Marks.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Paul Brown Hawaii respects the intellectual property of others, and we ask our users and visitors to do the same. Paul Brown Hawaii will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Paul Brown Hawaii will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Paul Brown Hawaii the following information. Please be advised that to be effective, the Notification must include ALL of the following:
  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Paul Brown Hawaii Web Sites;
  • your address, telephone number, and email address and all other information reasonably sufficient to permit Paul Brown Hawaii to contact you;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Notices of claimed copyright infringement should be directed to:

BY MAIL:
Paul Brown Hawaii
2925 Richmond, Suite 1200
Houston, TX 77098

TERM AND TERMINATION

These terms and conditions are applicable to you upon your accessing the Paul Brown Hawaii Web Sites. These terms and conditions, or any of them, may be modified or terminated by Paul Brown Hawaii without notice at any time for any reason. Paul Brown Hawaii may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

USER PARTICIPATION

Paul Brown Hawaii does not and cannot review all communications and materials posted to or created by users accessing the Paul Brown Hawaii Web Sites and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Paul Brown Hawaii Web Sites, Paul Brown Hawaii 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 Paul Brown Hawaii Web Sites. However, Paul Brown Hawaii reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Paul Brown Hawaii at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Paul Brown Hawaii in accordance with Paul Brown Hawaii’s Privacy Policy.

USER SUBMISSIONS

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Paul Brown Hawaii will have no obligations with respect to the Communications. Paul Brown Hawaii and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. Paul Brown Hawaii may, but is not obligated to, monitor or review any areas on the Paul Brown Hawaii Web Sites where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Paul Brown Hawaii, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Reviews and Other Customer Generated Content.

Paul Brown Hawaii, directly or via its third party contractors, may collect, organize and use any content created or otherwise supplied by customers on Paul Brown Hawaii’s website, social media services, and third-party websites, including, without limitation, any and all material, text, videos, photographs, information, other data submitted by customers and/or opinions, product or service ratings or reviews, articles, written expressions, in any form or media, and/or any works of authorship created by the customer (such content collectively referred to as “Customer Generated Content” or “CGC”).

Paul Brown Hawaii and any of its third party contractors may use, transfer, copy, reproduce, distribute, publicly perform, publicly display, digitally perform, modify, create derivative works of the CGC and otherwise use and commercially exploit any CGC in any media formats (“Permitted Use”). Customer shall grant Paul Brown Hawaii and any of its third party contractors a nonexclusive, perpetual, revocable, worldwide, fully paid-up, royalty-free license for any Permitted Use. Such license will apply to any form, media, or technology now known or hereafter developed.

Customers grants Paul Brown Hawaii all necessary rights in and to the CGC, including without limitation, any customer consents, assignments, licenses, permissions and authorizations (including the waiver of any moral rights) necessary for Paul Brown Hawaii and any of its third party contractors to use the CGC for any lawful purpose.

Neither Paul Brown Hawaii or its third party contractors shall be liable for any CGC, and Paul Brown Hawaii’s third party contractors shall be entitled to edit or remove from any of their respective platform (“Platform”) any CGC that is inaccurate, inappropriate or otherwise not in compliance with such platform’s terms or applicable law.

Customers hereby give permissions, authorizations and licenses, if any, required by applicable law or third-party website or application terms and/or policies (including without limitation the Instagram Platform policy), for Paul Brown Hawaii’s transfer to and use by Paul Brown Hawaii’s third party contractors of customer’s private and personally identifiable information and any CGC for the purpose of providing marketing technology and related services, sending applicable emails and recommendations, operation and improvement of any third party platforms, use of targeted behavioral advertisements and analysis and transfer to third parties for all of these purposes.

All the Intellectual Property Rights (as defined hereunder) to Paul Brown Hawaii’s third party contractors’ intellectual property, evidenced by or embodied in and/or attached/connected/related to any Platform (with the exception of the CGC and any Paul Brown Hawaii intellectual property), including without limitation any underlying software, platforms, algorithms, technology, site design, any information, services, texts, files, Platform and product documentation, videos, various applications, social graphs, organization, structure, specifications, application “look and feel,” navigation, features and related content that may be created in connection with the use of or registration to the Platform and/or other proprietary materials are the property of Paul Brown Hawaii’s respective third party contractor and/or its respective affiliates which shall retain all right, title and interest in connection therewith.

Customers hereby consent (i.e., opt-in) to receive post-sale emails sent by Paul Brown Hawaii (via its third party contractors as a mere conduit) containing reminders to submit reviews and containing recommendations and/or links to third party goods and/or services, as required by applicable law.

Any customer using the user front end of any of a Platform may only use such Platform for personal and non-commercial use only.

Customers agree to comply with all applicable security, privacy and data protection laws and regulations when using any of Paul Brown Hawaii’s third party contractors’ marketing technology and related services and/or Platform. Customer consents for Paul Brown Hawaii and any of its third party contractors to use any cookies or similar technologies on or through Paul Brown Hawaii’s website.

If a customer wishes to have a review or any other Customer Generated Content created by such customer removed, please contact us by phone at 1-800-338-0033, or via email at info@paulbrownhawaii.com, and we will use commercially reasonable efforts to have it promptly removed.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Paul Brown Hawaii, Paul Brown Hawaii has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Paul Brown Hawaii. Paul Brown Hawaii has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Paul Brown Hawaii sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.

DISCLAIMER

Paul Brown Hawaii makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.Paul Brown Hawaii does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Paul Brown Hawaii disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Paul Brown Hawaii does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Paul Brown Hawaii does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.

LIMITATION OF LIABILITY

In no event shall Paul Brown Hawaiibe liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Paul Brown Hawaiihas been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Customer Satisfaction

Paul Brown Hawaii stands behind the quality of our products. We believe that we can work together with our customers to make every purchase a positive experience. In the event you are not satisfied with your purchase or have any concerns, please follow the guidelines outlined in Paul Brown Hawaii’s return and refund policy below.

LIMITED WARRANTY

Paul Brown Hawaii shall provide a limited warranty for each of its styling tools against defects in materials and workmanship for two (3) year from the original purchase date (“Warranty Period”). If we receive a valid claim, with proper documentation of purchase, relating to any Paul Brown Hawaiistyling tools purchased directly from us or through our authorized distribution network, we will replace your returned product with one of equal or greater value at our option. We DO NOT REPAIR tools. Please note that all authorized returns must be shipped to us at your expense unless advised otherwise. This limited warranty does not cover products sold by unauthorized dealers.

This limited warranty is void if the product has been damaged by unreasonable use, misuse, neglect, normal wear and tear or other causes not arising out of defects in materials or workmanship.

If a product is defective, customer shall contact Paul Brown Hawaii Customer Service by phone via email at info@paulbrownhawaii.com. In order to process its request, the customer shall provide a detailed description of the defect and a proof of purchase.

Items non-eligible for returns or replacements:
  • Gift cards
  • Products damaged through normal wear and tear (non-manufacturer’s defects)
  • Shipping or delivery charges
  • GWPs and promotion items

CUSTOMER SERVICE

For any questions, please contact Paul Brown Hawaii Customer Service by phone at 1-800-338-0033, Monday to Friday 8:30-17:30, or via email at info@paulbrownhawaii.com for assistance.