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Terms of use

TERMS OF USE
All materials found in this website, related web sites, subsidiaries and affiliates contained herein (collectively, the "Site") is applied by this Terms and Conditions set forth herein (collectively the "Terms"). BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Any usage of this site, accessing, viewing, transmitting, purchasing, storing or caching, or any usage of its services constitute an agreement between the user ("You(r)") and hula-ohana.com ("Us", “We”, “Our”). We reserve the right to change or modify any of these Terms and any policy or guideline of the Site at any time in its sole discretion. Any change or modification will be effective immediately upon posting the revisions on the Site. Your continued use of the Site following the changes or modifications of Terms will constitute in your acceptance of such changes or modifications. Therefore, you should frequently review these documents and any other applicable policies from time-to-time to understand the Terms that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site.

PRODUCT AVAILABILITY AND PRICING
If you are interested in a timepiece that is currently on back order, please call us and we will advise you when the item will be back in stock. Dependent on the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options. Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid such situations, there is still possibility. We reserve the right to correct any and all errors when this happens, and we do not intent inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to be changed without notice. We apologize for any inconvenience this may cause. If you have any questions, please do not hesitate to contact one of our Timepiece Consultants. We do not negotiate prices on our products, as they are final.

RISK OF LOSS
In case of loss by the carrier, hula-ohana.com reserves the right to hold the funds paid for the product for an indefinite period of time until the investigation by the carrier and/or the insurer is complete.

INTERNATIONAL ORDERS
For all international shipments, the customer is responsible to pay for all duties and applicable taxes. Even if the customer refuses to pay customs and duties and/or rejects the package for whatever reason, the product is acknowledged as delivered by hula-ohana.com and the transaction is considered complete.

SHIPPING POLICY
You understand this Site’s shipping policy by any use of Site and resulted purchases. Please review our shipping policy for more information.

RETURN POLICY
You understand this Site’s return policy by any use of Site and resulted purchases. Please review our return policy for more information. We are not responsible for any fluctuations of international currency exchange rate. International customers will receive refunds equivalent to the USD (US dollar) price at the time of purchase.

COMPARISON PURCHASING
To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent to keep the one you like the most and returning the remainder. This causes undue restocking and inventory overhead , which results in extra cost. To confirm the quality, appearance, physical attributes and functions of a timepiece, please contact one of our experts, and we would be happy to help you make your decisions.

INFORMATION ON OUR SITE
On our Site, we make every attempt to ensure that our online catalog is accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may slightly vary. Our objective is to provide you with enough information and details about your prospective purchase as much as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards, we state that certain physical attributes such as case diameter, weight and color may slightly differ from the information posted on our site. On our Site, we provide measurements of our products based on their measured specifications. Slight differences may be found between the information on our site and actual attributes, due to typographical error, or by incorrect manual measurements.

PRIVACY POLICY
Please refer to our Privacy Policy for information on how we collect, use, and disclose identifiable personal information from customers.

SITE CONTENT
The Site, content and all other materials, including, without limitation, our logo, designs, text, graphics, pictures, selection, coordination, 'look and feel' information, data, software, sound files, and any other files, the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of our Site or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, various other intellectual property rights and unfair competition laws.

TRADEMARKS
Logos, slogans, trademarks and its suppliers or licensors, may not be copied, imitated or used, in whole or in part, without our prior written permission or permitted by the applicable trademark holder. You may not use any meta-tags or any other "hidden text" utilizing our name or any other names, trademarks, product or service names of our Site without our prior written permission. All other trademarks, registered trademarks, product names and other names or logos mentioned in our Site are the property of their respective owners.

USE OF THE SITE
You are granted a personal, limited, non-sub licensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our Sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating and barring, in appropriate circumstances and at our sole discretion, site users or account holders who are deemed to be repeat infringers. We may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

THIRD PARTY CONTENT
We may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or third party Sites. We do not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein, and undertake no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

ADVERTISEMENTS AND PROMOTIONS
We may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such ads and promotions of our advertisers on our Site.

SUBMISSIONS
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, we, or our products or services that are provided by you to us are non-confidential and shall become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant us and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.

PRODUCT REVIEWS AND USER CONTENT
Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following: a. Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the Securities and Exchange Surveillance Commission or any rules of a securities exchange; c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content; d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; e. Unsolicited promotions, political campaigning, advertising or solicitations; f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers; g. Viruses, corrupted data or other harmful, disruptive or destructive files; and h. User Content that, in the sole judgment of our site, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose our site or its users to any harm or liability of any type. We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

INDEMNIFICATION
You agree to defend, indemnify and hold us harmless, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against our Site and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms or your violation of the rights of any third party. LIMITATION OF LIABILITY IN NO EVENT SHALL OUR SITE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM OUR SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.

APPLICABLE LAW AND VENUE
These Terms and your use of this Site will be governed by and construed in accordance with the laws of JAPAN, applicable to agreements made and to be entirely performed within JAPAN, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in JAPAN, You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms.

MODIFICATION AND NOTICE
You agree that we may modify these Terms and any other policies on our Site at any time. Modified Terms or policies on our Site will be notified upon posting accordingly.

TERMINATION
Notwithstanding any of these Terms, we reserve the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent your future access to and use of the Site.

SEVERABILITY
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

QUESTIONS AND CONTACT INFORMATION
If you have any questions, please do not hesitate to contact us.

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