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Terms of Use



This site is provided as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms.

Limited License


Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. This authorization is not a transfer of title in any of the products, videos, images, software, information or materials located on our Site (collectively, “Materials”) and copies of the Materials is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. In addition, as a condition of your use of this Site, you represent and warrant to us that you will not use this Site for any purpose that is unlawful, immoral or prohibited by applicable law or by this Agreement. Other than this Agreement and agreements between you and Ocean Wings Hawaii, Inc. relating to the sale of products or services to you through this Site, Ocean Wings Hawaii, Inc. will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk.

Changes

We may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. We also may impose limits on certain features and services or restrict your access to all or any part of the Site without notice or liability. We may terminate the authorization, rights and license given above and, upon such termination; you shall immediately destroy all Materials. We reserve the right to change Product pricing, terms, specifications and warranties without notice. We also reserve the right to update or modify these Terms of Use at any time without prior notice and your use following any such change means that you unconditionally agree to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

Site Materials, Trademarks and Copyrights

All of the content you see on this Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to intellectual property rights or licenses held by Ocean Wings Hawaii, Inc., one of its affiliates or by third parties who have licensed their materials to Ocean Wings Hawaii, Inc. The Ocean Wings Hawaii, Inc. names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Ocean Wings Hawaii, Inc. or one of its affiliates. All other marks are the property of their respective companies. Fair use of Ocean Wings Hawaii, Inc. trademarks require proper acknowledgment.

All content and Materials on this Site, and all software used on this Site, is the property of Ocean Wings Hawaii, Inc. or its content or software suppliers, as applicable, and protected by U.S. and international copyright laws. You may use the Materials on this Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Materials on this Site is strictly prohibited. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. The entire content of the Site is copyrighted as a collective work under international copyright laws.

Orders

While we will make every effort to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product or service, to remove any Materials listed on this Site and to change pricing, terms, specifications and warranties at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets or distribution channels. The prices displayed on this Site are quoted in U.S. dollars, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. Also, please note that some of the Products displayed on this Site or in our catalog, including any sale or discounted items, may or may not be available in our Ocean Wings Hawaii, Inc. stores and visa versa.

Colors

We have done our best to display as accurately as possible the colors of the products shown on our Site. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Correction of Errors

While our goal is a 100% error-free Site, we do not guarantee that any Materials or other content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer, to update content and Materials on our Site and to correct any errors, inaccuracies or omissions at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.

Third-Party Sites

As a convenience to you, we may provide on our Site links to websites operated by others. If you link to and/or use these other websites, you will leave this Site and please understand that we have no control over the content on those other website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses, worms, trojan horses and other items of a destructive nature. We make no warranty or representation regarding any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Ocean Wings Hawaii, Inc. or any of its affiliates or subsidiaries.

External Links to Our Site

All links to our Site must be approved in writing by us, except that we consent to links in which the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Ocean Wings Hawaii, Inc. nor be such as to damage or dilute the goodwill associated with the name and trademarks of Ocean Wings Hawaii, Inc. or its affiliates. We reserve the right to revoke this consent to link at any time in our sole and absolute discretion.

Information Provided By You

Any personally identifiable information you may provide to us via this Site is protected by the Privacy Policy associated with this Site. We do not want you to, and you should not, send any confidential or proprietary information to us via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to us including, without limitation, any comments, feedback, ideas, data, suggestions or the like regarding this Site, or submitted or offered in connection with your use of this site in connection with our products, services or other Materials (collectively, “Feedback”), will not be considered confidential or proprietary. You further understand and agree that we shall have no obligation of any kind with respect to such Feedback and that you are and shall remain solely responsible for the content of any such Feedback. By providing any such information or materials, including Feedback, to us, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, disclose, publicly perform, transmit and distribute such information and materials, and you further agree that we are free to use any ideas, concepts, know-how and/or Feedback that you or individuals acting on your behalf provide to us including, but not limited to, developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how and/or Feedback. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in our use, commercial or otherwise, of any Feedback. We shall be under no obligation to maintain any Feedback in confidence; to pay to you any compensation for any Feedback; or to respond to your Feedback. You further recognize that we do not want you to, and you warrant that you shall not, provide any information or materials to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.


NO WARRANTIES; EXCLUSION OF LIABILITY
THIS SITE IS PROVIDED BY OCEAN WINGS HAWAII, INC.ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE AND WE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE OR OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENT OR THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. IN NO EVENT WILL WE. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

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 MIGHT HAVE ADDITIONAL RIGHTS.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or news group posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Password Security

If you register for an account on our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

International Users

This Site is controlled, operated and administered by Ocean Wings Hawaii, Inc. from its offices within the United Sates. We make no representation that Materials at this Site are appropriate or available for use at other locations outside of the Unites States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials and/or products in violation of US export laws and regulations. If you access this Site from a location outside of the Unites States, you are responsible for compliance with all local laws. Information, Products and Materials published on the World Wide Web may contain references or cross references to our products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or services in your country.

Contacting Us

If you have any questions about this Agreement, please call us and ask to speak to the legal department or write us at:

Ocean Wings Hawaii, Inc.
PMB 410 Suite J
74-5576 Pawai Place
Kailua-Kona, HI 96740

Please note, however, that we do not guarantee that we will receive all of your communications or other information timely and we will not be legally obligated to read, act on or respond to any such communication or other information.

Indemnification

You agree to defend, indemnify, and hold Ocean Wings Hawaii, Inc. and its parent and affiliates, and its and their respective directors, employees, agents, successors, and assigns 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.

Termination of Use

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, us or our parent or affiliates.

Governing Law/Venue

This Site resides on a server(s) in Kailua-Kona, State of Hawaii, USA. This Agreement shall be governed in all respects by the laws of the State of Hawaii, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against Ocean Wings Hawaii, Inc. or its parent or affiliates must be resolved by a court located in Kailua-Kona, Hawaii, USA. You agree to submit to the personal jurisdiction of the courts located within the State of Hawaii for the purpose of litigating all claims or disputes. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

Waiver

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Severability

If all or any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.

Entire Agreement

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

Independent Contractors

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of this Site.

Modification

No modification of this Agreement shall be effective unless it is authored and/or signed by Ocean Wings Hawaii, Inc. or its affiliates. A printed version of this Agreement and/or of any notice given by us in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by us in printed form.

Privacy

We realize that customers are concerned about how the information they provide online will be used. We are committed to protecting your privacy and will use the information we collect about you to process your order and provide a more personalized shopping experience. Please read our Privacy Policy for more details.

 

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