Terms of Service
TERMS OF SERVICE
Copyright © Waikiki Watches 2019 All Rights Reserved
Last updated: June 1, 2019
This website is operated by Waikiki Watches. Throughout the website, the terms “we”, “us,” “store,” “our,” and “Site” refer to Waikiki Watches. Waikiki Watches offers this website, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and/or purchasing something from us or obtaining something from us at no charge, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site and accept our Site Disclaimer terms.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returns & Exchanges Policy. (See details on the Returns & Exchanges page of the Site.)
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free.
The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time, and we may make changes in pricing and availability without notice.
Further, pricing information on other websites that claim to represent correct pricing on our Site may not be correct or current or honored.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer to any person, household or entity. All quantities, descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or time frame, or that any errors in the Service will be corrected.
We also may require verification of information prior to the acceptance and/or shipment of any order. 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per entity or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
When you create an account or place an order on our Site, you may be asked to provide an account name and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this Site using your account or member name.
You need to be aware of inherent risks associated with the transmission of information via the Internet. If you have concerns in this regard, you have other ways of obtaining and providing information to us. Postal service mail and telephone communication options are available.
With respect to your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Site. Because any termination of your access to the Site may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this Site.
For more details, please review our Returns/Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, restrict, inhibit, or interfere with anyone else's use and enjoyment of the Site;; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to “hack,” spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) access any area on the Site which you are not explicitly authorized to access; (m) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (n) access this Site using an automated mechanism and extract data; (o) jeopardize the operation of computer systems owned by us or any of our affiliates; and (p) jeopardize our reputation or the reputation of any of our affiliates or associates. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your use of this site is at your own risk. The Site and content and products are provided “As is.” 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. Except as otherwise noted herein and to the fullest extent permissible by law, Dreaming Aloha makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing, or in electronic form, including but not limited to the accuracy or usefulness of any material provided or products offered through or purchased on the Site. 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, product modification, improper product selection, non-compliance with any codes or misappropriation. All products and services purchased on or through this site are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers if any. The foregoing exclusions of implied warranties do not apply to the extent of prohibited by law. The information, materials, and services provided on or through this site may be out of date and neither we, nor our suppliers, nor any of our respective affiliates assumes any duty to update such information, materials or services.
Photos on our site may be general in nature and not representative of the actual product. The consistency of products or manufacturer changes occur from time to time and may not look exactly as pictured or may not be the exact product you receive.
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.
Under no circumstances shall we or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (a) The use of or inability to use the Site, (b) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site (c) Unauthorized access to or alteration of your transmissions or data (d) Statements or conduct of any third party on the site; or (e) Any other matter relating to the Site. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Site. Because some states or jurisdictions do not allow the exclusion or limitations of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
In the event of any problem with this Site or any of its content, you agree that the sole remedy is to cease using this site. In the event of any problem with the products or services that you have purchased or received through this Site, you agree that your sole remedy, if any, is to seek a return and refund for such product or services in accordance with the policies posted on this Site.
In no case shall Waikiki Watches, 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dreaming Aloha and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, (collectively the “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or otherwise arising from your use of the Site, or your violation of any law or the rights of a third-party. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – PRIVACY
SECTION 18 – ELECTRONIC COMMUNICATIONS AND OPT-OUT NOTICE
When you visit the Site, complete forms, purchases or e-mail us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you provide us with an e-mail address or other contact information via the Site, we may use the information to occasionally notify you about special sales or services and other valuable updates to personalize your shopping transactions. If you prefer that we not contact you in this manner, we will promptly remove you from our e-mail address list at your request.
SECTION 19 – SITE DISCLAIMER
This Site does not provide medical advise or prescribe the use of any technique or tool either directly or indirectly as a replacement form of treatment by a doctor or health practitioner for any physical, mental or medical problems.
The contents of the Site, such as text, graphics, images, information, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical or mental health advice, diagnosis, or treatment. The information contained on this Site is for informational purposes only and has not been evaluated by the and Drug Administration. The Site information is not intended to diagnose, treat, cure, or prevent any disease.
Information provided is for educational and informational purposes only and you should always seek medical assistance from your practitioner or physician.
Before relying on material on the Site users should independently verify the accuracy, completeness, and relevance for their purposes and obtain any appropriate professional advice. You should not use the information on this Site to diagnose or treat a health condition or disease or to prescribe medication. Always contact your health care provider or mental health practitioner if you believe you have a medical or mental health problem. Every product on this website is for external use only.
The Site material may include opinions, recommendations or other content from third parties that do not necessarily reflect our views.
Links to other websites are included for the user’s convenience and do not constitute an endorsement of the material on those sites, or any associated product or service.
The listing of a person or company in any part of our Site in no way implies any form of endorsement by us of products or services provided by that person or company.
We do not make any warranties about the completeness, reliability, and accuracy of this information. Any action you take upon the information on our Site is strictly at your own risk. and we will not be liable for any losses and damages in connection with the use of our Site.
From our Site, you can visit other websites by following hyperlinks to these sites. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites.
Please be also aware that when you leave our Site, other sites may have different privacy policies and terms which are beyond our control.
You are solely responsible for the use or misuse of any and all products purchased or received at no cost to you. It is agreed that we are not responsible for the product use, some products may be harmful if not used correctly, are not diluted or come in contact with children, elderly or animals/pets or those with any type of contraindication including but not limited to allergies, diabetes, pregnancy, high blood pressure etc.
SECTION 20 – COPYRIGHT AND TRADEMARKS
All content included on the Site, including, without limitation, text, graphics, logos, icons, images, audio clips and video, is the property of Waikiki Watches or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for non-commercial use for the sole purpose of placing an order with us or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site, is strictly prohibited. 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 and is prohibited. In the event of a violation of these laws and regulations, we reserve the right to seek all remedies available by law and in equity. We reserve the right to block or deny access to the Site to anyone at any time for any reason.
All trademarks, trade dress, logos, service marks, brand names, and trade names are proprietary to Waikiki Watches or other respective owners that have granted us the right and license to use such intellectual property. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of this Site. Your misuse of the trademarks displayed on the Site is strictly prohibited. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
SECTION 21 – LINKS TO THIRD PARTY SITES
The Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. Transactions that occur between you and any third party are strictly between you and the third party and are not our responsibility. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, including the weekly circular ads available online, and you hereby irrevocably waive any claim against us with respect to such sites.
SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service (taken together with any purchase order, free or paid purchases submitted by you or consumption of information and/or videos) constitute the entire agreement between you and us and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
SECTION 23 - GOVERNING LAW
We control the Site from our offices within the United States of America. We make no representation that the content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 339 Kawaihae St. Honolulu Hawaii US 96825 without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the state of Hawaii U.S.A.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Any new information, features or tools which are added to the current Site shall also be subject to the Terms of Service. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – TERMINATION
These Terms of Service are effective until terminated by either party. If you no longer agree to be bound by the Terms of Service, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.