Terms & Conditions

Updated: May 2018

Welcome to this KILAUAN website – www.KILAUAN.com, microsite, or mobile site (this “Website”). Please review the following terms and conditions (“Terms and Conditions”) before using this Website. These Terms and Conditions, which may be modified from time to time, apply to all visitors to, or users of, this Website.

Your Use Generally

Your use of the Website confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website. In the event of a violation of these Terms and Conditions, KILAUAN reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website following any such revisions constitutes your agreement to follow and be bound by the terms as revised.

Ownership of Content

The design of this Website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website (collectively, “Content” ) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided by KILAUAN under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website, any of the Content, or any related software; and (b) you may not access or use the Website for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. KILAUAN may revoke this limited license at any time for any or no reason. Any unauthorized use of KILAUAN Content, such as framing, in-line linking or other association with content or information not originating from the KILAUAN Website is not permitted. Linking to any KILAUAN web page also is prohibited. KILAUAN will aggressively enforce its intellectual property rights to the fullest extent of the law.

Trademarks

At KILAUAN, we take pride in our brand and do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, names (collectively, the ‘Trademarks’). KILAUAN and its affiliated companies retain all rights regarding the Trademarks. The Trademarks are protected by U.S. federal and state trademark laws and international laws and treaties. No license for the use of the Trademarks is granted to you under these Terms and Conditions or by your use of the Website. Unauthorized use of our Trademarks in any manner is strictly prohibited.

Our Products

All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your device, and we cannot guarantee that your device will accurately display our colors. The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.

Comments and other Communications

All comments, feedback, suggestions, ideas, and other communications (collectively, ‘Communications’) submitted or offered to KILAUAN via this Website, in connection with your use of this Website, or through email, postal mail, or any contact with us, shall be and remain property of KILAUAN. KILAUAN shall be free to use any ideas, concepts, know-how, or techniques contained in any Communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to KILAUAN through the Website shall be subject to our Privacy Policy, and personally identifiable information is defined here.

Prohibited Uses of Website

You shall not post, transmit, redistribute, upload, or promote any communications, User-Generated Content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.

Linking

Links may be established from this Website to one or more external websites or resources operated by third parties (the “Third Party Sites”). In addition, certain Third Party Sites also may provide links to the Website. None of such links should be deemed to imply that KILAUAN endorses the Third Party Sites or any content therein. KILAUAN does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and KILAUAN will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Disclaimer

This Website and all Content of the Website are provided to our customers and prospective customers “AS IS” and “AS AVAILABLE” and without warranties of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the Website, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.

You understand and acknowledge that, pursuant to Section 230 of the Federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider.

Jurisdiction

No implication is made that the materials published on this Website are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do so on your own initiative and at your own risk. KILAUAN controls this Website from its offices within the State of Colorado. The Terms and Conditions of this Website shall be governed by the laws of the state of Colorado, without giving effect to its conflict of laws provisions.