DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
THIS SITE IS PROVIDED BY ISLANDER ‘UKULELE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ISLANDER ‘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, ISLANDER ‘UKULELE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ISLANDER ‘UKULELE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM ISLANDER ‘UKULELE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISLANDER ‘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.
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 Islander ‘Ukulele.
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, Islander ‘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.
You agree to defend, indemnify and hold Islander ‘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.
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.
Islander ‘Ukulele reserves the right to make changes to this site, including changes to any prices at which Islander ‘Ukulele offers products or services, and changes to these Terms and Conditions of Use, at any time.