Conditions of Use

 

Welcome to Hawaiianmemory.com and Hawaiianmemory.net, Hawaiian Memory-HM, LLC’s website on the world wide web.  Hawaiianmemory.com and Hawaiianmemory.net provides our services to you subject to the following conditions.  Please read them carefully.   If you visit or shop at Hawaiianmemory.com or Hawaiianmemory.net, you accept these conditions. 

 

Privacy

Please review our Internet Privacy Policy which governs your visit to Hawaiianmemory.com and Hawaiianmemory.net.

 

Site Contents

 

All images, illustrations, designs, photographs, and other materials that appear on Hawaiianmemory.com and Hawaiianmemory.net are copyrights, trademarks, or other intellectual property owned, controlled, or licensed by Hawaiian Memory-HM, LLC, its susidiaries, affiliates or repective property owners.  Downloading, printing, copying, and distributing parts of Hawaiianmemory.com and Hawaiianmemory.net  is permitted for the purpose of ordering goods from Hawaiian Memory-HM, LLC.  None of the site contents can be copied, downloaded, or reproduced in electronic nor mechanical form without written permission from Hawaiian Memory-HM, LLC.  If you are under 18, you may use Hawaiianmemory.com only with involvement and consent of a parent or guardian. Hawaiianmemory.com reserves the right to refuse service, remove or edit content, or cancel orders at their sole discretion. 

 

 

Applicable Law

 

By visiting Hawaiianmemory.com, you agree that the laws of the state of Hawaii, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute that may arise between you and Hawaiian Memory-HM, LLC.

 

Disputes

 

Any dispute relating in any way to your visit to Hawaiianmemory.com and Hawaiianmemory.net or to products you purchase through Hawaiianmemory.com  and Hawaiianmemory.net shall be submitted to confidential arbitration in Honolulu, Hawaii, except that, to the extent you have in any manner violated or threatened to violate Hawaiian Memory-HM, LLC’s intellectual property rights.  Hawaiian Memory-HM, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Hawaii, and you consent to exclusive jurisdiction and venue in such courts.  Artbitration under this agreement shall be conducted under the rules prevailed 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.

 

Disclaimer of Warranties and Limitation of liability

THIS SITE (HAWAIIANMEMORY.COM AND HAWAIIANMEMORY.NET) IS PROVIDED BY HAWAIIAN MEMORY-HM, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS.  HAWAIIAN MEMORY-HM, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, 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, HAWAIIAN MEMORY-HM, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  HAWAIIAN MEMORY-HM, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM HAWAIIANMEMORY.COM OR HAWAIIANMEMORY.NET ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.  HAWAIIAN MEMORY-HM, LLC 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.

 

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.

 

Prices advertised on Hawaiianmemory.com and Hawaiianmemory.net are the manufacturers suggested retail price (MSRP) and are for internet orders only.  Prices in dealer stores may differ.  Prices and availability of items are subject to change without notice.    We reserve the right to limit sales.  We are not responsible for typgraphical or photographic errors.

 

You agree that any information, ideas, and materials that you transmit (the transmitted property) to hawaiianmemory.com and hawaiianmemory.net shall be the remain the property of Hawaiian Memory-HM, LLC.  This transmitted property shall be treated as non-confidential and non-proprietary and Hawaiian Memory-HM, LLC will not be under any obligation with respect to this transmitted property and shall be free to use, reproduce, disclose transmitted property without limitation.  You are prohibited from posting to or from hawaiianmemory.com and hawaiianmemory.net any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other unlawful materials. 

 

Site Policies, Modifications, and Serverabilitity

 

Please review our other policies posted on this site.  We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceablity of any remaining condition.

 

Our Address

 

Hawaiian Memory-HM, LLC

P.O. Box 38126

Honolulu, HI  96837

www.hawaiianmemory.com