Terms of Use & Disclaimers

Terms of Use
GENERAL
Welcome to Kanile’a ‘Ukuleles. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.

LICENSE AND USE OF SITE
Kanile’a ‘Ukulele grants you a limited license to access and make personal use of this site. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, prices or descriptions; any copying or downloading of account information for the benefit of another merchant; any use of data mining, robots or similar data gathering and extraction tools; or any derivative use of this site or its contents. This site or any portion of this site may not be duplicated, copied, reproduced, visited, sold, resold or otherwise exploited for any commercial purpose without express written consent of Kanile’a ‘Ukulele. You may not use any meta tags or any other “hidden text” utilizing Kanile’a ‘Ukulele’s name or trademarks without the express written consent of Kanile’a ‘Ukulele. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Kanile’a ‘Ukulele without its express written consent. Any unauthorized use terminates the license granted by Kanile’a ‘Ukulele.

ELECTRONIC COMMUNICATIONS
When you visit this site or send e-mails to Kanile’a ‘Ukulele, you are communicating with Kanile’a ‘Ukulele electronically. You consent to receive communications from Kanile’a ‘Ukulele electronically. Kanile’a ‘Ukulele will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that Kanile’a ‘Ukulele provides to you electronically satisfies any legal requirement that such communications be in writing.

ERRORS AND INACCURACIES
The goal of Kanile’a ‘Ukulele is to provide complete, accurate, up-to-date information on its site. Unfortunately, it is not possible to ensure that any site is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Kanile’a ‘Ukulele reserves the right to correct any errors, inaccuracies or omissions — including after an order or reservation has been submitted — and to change or update information at any time without prior notice.

LINKS TO OTHER WEB SITES AND SERVICES
Kanile’a ‘Ukulele may provide links to other sites which are not owned or operated by Kanile’a ‘Ukulele. Also, businesses other than Kanile’a ‘Ukulele may offer services and products on or through this site. When visiting these other sites, you should exercise caution and review their policies carefully. Kanile’a ‘Ukulele is not responsible for the inspection or evaluation of these sites and does not warrant the offerings of any of these enterprises or individuals or the content of their sites. Therefore, Kanile’a ‘Ukulele does not assume any responsibility or liability for actions, product and content relating to these or any other enterprises or individuals.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Kanile’a ‘Ukulele or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Kanile’a ‘Ukulele and protected by U.S. and international copyright laws. All software use on this site is the property of Kanile’a ‘Ukulele or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
All trademarks, service marks and trade names employed by Kanile’a ‘Ukulele are proprietary to Kanile’a ‘Ukulele or other respective owners that have granted Kanile’a ‘Ukulele the right and license to use such trademarks, service marks and trade names, and are protected by U.S. and international trademark laws.

DISCLAIMER

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
THIS SITE IS PROVIDED BY KANILE’A ‘UKULELE ON AN “AS IS” AND “AS AVAILABLE” BASIS. KANILE’A ‘UKULELE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KANILE’A ‘UKULELE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KANILE’A ‘UKULELE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM KANILE’A ‘UKULELE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KANILE’A ‘UKULELE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

BECAUSE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

APPLICABLE LAW
The laws of the state of Hawaii, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Kanile’a ‘Ukulele.

DISPUTES
Any dispute relating in any way to your use of this site or to products or services purchased from this site shall be submitted to arbitration in Honolulu, Hawaii. However, if you have in any manner violated or threatened to violate any intellectual property rights, Kanile’a ‘Ukulele may seek injunctive or other appropriate relief in any state or federal court in the state of Hawaii. You consent to exclusive jurisdiction and venue in such courts. Any arbitration shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this site or to products or services purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

INDEMNIFICATION
You agree to defend, indemnify and hold Kanile’a ‘Ukulele harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this site.

SEVERABILITY
If any of these Terms and Conditions of Use shall be held invalid, void or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

MODIFICATION
Kanile’a ‘Ukulele reserves the right to make changes to this site, including changes to any prices at which Kanile’a ‘Ukulele e offers products or services, and changes to these Terms and Conditions of Use, at any time.