Site Use

Welcome to the SplashHawaii.com, LLC Website (the "Site"). The following rules and regulations apply to all visitors to or users of the SplashHawaii.com Site, the home page of which is at www.SplashHawaii.com. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since SplashHawaii.com may revise this Agreement at any time, you should visit this page periodically to review the terms of your use. In the event of a violation of these rules and regulations, SplashHawaii.com reserves the right to seek all remedies available by law and in equity.

Limited License
The SplashHawaii.com Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by SplashHawaii.com, LLC. The Site as a whole is protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by SplashHawaii.com as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such 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 or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the SplashHawaii.com Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. SplashHawaii.com may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by SplashHawaii.com.

Trademarks
SplashHawaii.com and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of SplashHawaii.com, LLC, Blue Jeans ‘n Bikinis, Inc. dba Splash! Hawaii or GarDen Enterprises, Inc., and are protected by U.S. and international laws and treaties. 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 the SplashHawaii.com Site. Your misuse of the trademarks displayed on the SplashHawaii.com Site is strictly prohibited. You are also advised that SplashHawaii.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Other trademarks, product names and company names or logos used on this Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Site is strictly prohibited.

Linking
Periodically, links may be established from this Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the SplashHawaii.com Site. None of such links should be deemed to imply that SplashHawaii.com endorses the Third Party Sites or any content therein.
SplashHawaii.com 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 SplashHawaii.com will have no liability arising out of or related to such web sites 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.
Linking to any SplashHawaii.com web page is prohibited without express written consent from SplashHawaii.com. Framing, inline linking or other association of the SplashHawaii.com Site or its Materials with links, advertisements and/or other information not originating from the SplashHawaii.com Site is expressly prohibited.

Disclaimer of Warranty
Access to the SplashHawaii.com Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. SplashHawaii.com reserves the right to block or deny access to the Site to anyone at any time for any reason.
Jurisdiction
SplashHawaii.com controls this Site from its offices within the State of Hawaii. SplashHawaii.com does not imply that the materials published on this Site are appropriate for use outside of the United States. If you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Site shall be governed by the laws of the state of Hawaii, without giving effect to its conflict of laws provisions.

Your Communications
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to SplashHawaii.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain SplashHawaii.com’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to SplashHawaii.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, SplashHawaii.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. SplashHawaii.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. Any personally identifiable information you provide to SplashHawaii.com through the Site shall be subject to the Site’s Privacy Policy.

Limitation of Liability
IN NO EVENT WILL SPLASHHAWAII.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SPLASHAWAII.COM IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Revisions
SplashHawaii.com may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the site, at any time and without notice. SplashHawaii.com also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. SplashHawaii.com may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Site after any changes to these terms are posted will be considered acceptance of those changes.
Occasionally there may be information on SplashHawaii.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Product Information
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

Indemnification
You agree to defend, indemnify and hold SplashHawaii.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Termination
These terms are effective unless and until terminated by either you or SplashHawaii.com. You may terminate this Agreement at any time. SplashHawaii.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in SplashHawaii.com’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or SplashHawaii.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.