Copyright

COPYRIGHT & USE OF SURFACE DESIGNS

All surface design(s) provided by Tropical Paper Garden®, whether in electronic, printed, or any other format, are protected by applicable copyright laws. The reproduction, replication, imitation, copying, or reuse of any surface design(s), in whole or in part, without prior written permission from Tropical Paper Garden® (“TPG”), is strictly prohibited.

The purchaser (“Purchaser”) agrees that any unauthorized reproduction of the surface design(s) constitutes a material breach of this agreement. Purchaser agrees to indemnify and hold TPG harmless from any costs, expenses, claims, or damages arising from such breach, including reasonable attorneys’ fees and costs incurred in arbitration, trial, or appeal.

TPG grants no warranties, express or implied, statutory or otherwise, regarding the products, and specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written advice or information provided by TPG or its agents shall create any warranty or condition.

To the fullest extent permitted by law, TPG’s maximum liability for any claim arising from the purchase or use of products shall be limited to the amount paid by Purchaser for the goods. In no event shall TPG be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of business, or litigation costs, whether arising in contract, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.

This agreement constitutes the entire agreement between the parties and is deemed a contract made in the State of Hawaii, governed by and construed in accordance with the laws of the State of Hawaii, including the Hawaii Uniform Commercial Code and excluding the U.N. Convention on the International Sale of Goods. Any legal action to enforce this agreement shall be brought exclusively in the state or federal courts located in Honolulu, Hawaii, and Purchaser expressly consents to such jurisdiction and venue.

By purchasing products from Tropical Paper Garden, LLC the Purchaser acknowledges that they have read, understood, and agreed to these terms.

We appreciate your business and your respect for our valuable intellectual property.

Sincerely,

Tropical Paper Garden®