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.
Product Warranty applies to any Islander purchased directly from Islander `Ukulele. If you purchased a defective product from a certified dealer specified and stated on “Find a Dealer” located on the home page of www.islanderukulele.com. You will have to contact the certified dealer you purchased your instrument from and discuss issues directly with the certified dealer. If you purchased the product from Islander directly, you will automatically receive a ONE (1) year manufacturers warranty. Please contact Islander through our “Connect” page to receive our Return Merchandise Authorization (“RMA”).
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Islander Ukulele, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by 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 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.