1. Products, Content, and Specifications:
We do not represent or warrant that the information on our Website is accurate, complete, or current. This includes pricing and availability information. All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures, sizes, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order on this Website, you agree that the products ordered will be used only in a lawful manner.
2. Shipping Limitations:
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information:
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current-ness of any information on this Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. We will correct any pricing errors on the Website as and when discovered. The Website contains a large number of products and services and it is always possible that, despite our best efforts, some of the products or services listed on the Website may be incorrectly priced. We will normally verify prices as part of our shipping procedures so that, where the correct price is less than our stated price; we will charge the lower amount when shipping the products to you. If the correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before shipping the product, or reject your order and notify you of such rejection. We shall not provide the products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
4. Placing an Order; Acceptance:
Please follow the instructions on the Website to place any order. Your order constitutes an offer to us to buy the products and services. After receiving an order, we will send you an e-mail acknowledging that we have received your order (“Order Confirmation”). While it is our practice to confirm orders by email, the receipt of an email Order Confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”).
A contract with us will be formed only when you receive the Shipping Confirmation. The contract will relate only to those products and services whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products or services which may have been part of your order in the same or a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the products or services are no longer in our inventory. We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order.
5. Use of this Website:
The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are either the property of, or used with permission by Black Koa and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
6. Proprietary Rights; Trademarks, and Copyrights
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Black Koa and our affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without Black Koa’s express permission or the written permission of such third party owner.
The Website contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. This Website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Black Koa and third party content providers also own (or have the right to use) copyrights in the content original to them.
7. Linking to this Website:
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
8. Third Party Links:
From time to time, this Website may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.
9. Sweepstakes and Contests:
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on this Website. Each of these activities shall be governed by specific rules accessible from the pages of this Website.
10. Submissions; Site Conduct:
From time to time, you may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images, video, or other content to this Website. By posting, transmitting or sending us any material or content, you agree to grant to us an irrevocable, royalty-free, perpetual, sub-licensable, assignable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display the material or content and/or incorporate the material or content in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without either (i) compensation to you or (ii) your prior approval.
By submitting or sending content or material to this Website you also represent and warrant that (i) the content and material is original to you, (ii) no other party has any rights to the content or material, (iii) the content and material is not subject to any obligation of confidentiality, attribution or otherwise and that we shall not be liable for any use or disclosure of the content or material and (iv) any so-called “moral rights” associated with the content or material have been waived.
You may not post or transmit or send to us any material or content that (i) violates or infringes in any way upon the rights of others or which is otherwise unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, obscene, bigoted or hateful; (ii) contains viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; (iii) is or could be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this Website or its contents. In addition, you may not engage in any activity on this Website that restricts or inhibits any other user from using or enjoying this Website by means of “hacking,” “cracking,” “spoofing,” or defacing any portion of the Website.
We shall have the right in our sole discretion to edit, refuse to post or to remove any material submitted to or posted on the Website that we find to be in violation of these terms and conditions or that we otherwise find objectionable or inappropriate for any reason in our sole discretion. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on this Website.
11. Profiles and or Testimonials:
We welcome the submission of your profile and encourage testimonials relating to your positive experience with Black Koa. In doing so, you agree that we are under no obligation to use your Profile and or Testimonial. By submitting a Profile and or Testimonial you hereby consent, without further consideration, to the use of your likeness, voice, name (limited only to your first name, first initial of last name, city and state) and/or any statements made in such Profile and or Testimonial in the dramatization, publication, display, copying, reproduction, performance and/or distribution, throughout the world, by or on our behalf of any image or photograph you submitted in a Profile and or Testimonial in connection with the creation of marketing/sales print advertising, or website content including, without limitation, this Website, or an audiovisual work to be used by us or a third party authorized by us, either as a complete unit or in segments or in any derivative form, in any way we deem appropriate and for any purpose whatsoever in any medium including, without limitation, the Internet.
In addition, you specifically agree that any Profile and or Testimonial may be reproduced orally using a third party. You waive any rights of privacy and publicity, moral or other rights you may have in any such Profile and or Testimonial. This Profile and or Testimonial consent supersedes and replaces any and all prior or contemporaneous agreements, understandings or arrangements, whether oral or written, previously made between the parties regarding, and constitutes the entire understanding of the parties with respect to, any Profile and or Testimonial. This Profile and or Testimonial consent may not be modified, changed, altered or amended except by written agreement of both parties. We reserve the right to use persons other than the person submitting the Profile and or Testimonial to vocalize or act out a Profile and or Testimonial or to create its own Profile and or Testimonial based on adaptations or compendiums of Profile and or Testimonial.
12. Copyright Policy:
If you believe that your rights under intellectual property laws are being violated by any content or materials posted on or transmitted through this Website, or any products advertised on this Website (“Website Content”), please contact us immediately so that we may investigate the situation and, if appropriate, block or remove the offending content and/or advertisements. It is our policy to comply with all governing laws on this issue.
Copyright owners or any agents thereof who believe that any Website Content infringes upon their copyrights may submit a notification by providing Black Koa with the following information in writing:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vii. Such written notice should be sent to us as follows:
P.O. Box 7070
Hilo, HI 96720
13. User Information:
Your use of this Website is at your risk. The materials and services provided in connection with this Website are provided “as is” without any warranties of any kind including warranties of merchant-ability, fitness for a particular purpose, or non-infringement of intellectual property. Neither we nor any of our affiliates warrant the accuracy or completeness of the materials or services on or through this Website. The materials and services on or through this Website may be out of date, and neither we nor any of our affiliates make any commitment or assumes any duty to update such materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
All products and services purchased on or through this Website are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions
15. Limitations of Liability:
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website. In no event will we, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this Website be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials, information or services contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.
16. Revisions to these Terms and Conditions:
Black Koa reserves the right to revise these Terms and Conditions at any time without notice. We encourage you to visit this page with each purchase to review the most current information, as they are binding on you.
17. Choice of Law; Jurisdiction:
To the fullest extent permitted by law, these Terms and Conditions and any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to this Website, will be governed by and construed in accordance with the laws of the State of Hawai‘i, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to this Website, shall be subject to the exclusive jurisdiction of the State of Hawai’i/or federal courts located in Hawai‘i County, in the state of Hawai‘i, and you hereby consent and submit to the personal jurisdiction of such courts.
You agree to defend, indemnify and hold Black Koa, and our respective directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (a) your use of this Website, including any User Content, data or information transmitted by received by you; (b) any unacceptable use of this Website, including any statement, data, or content made, transmitted, or republished, by you which is prohibited by these Terms and Conditions; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (d) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
21. No Waiver:
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
22. Additional Assistance:
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to email us at CustomerService@BlackKoa.com.