TERMS OF USE AGREEMENT

TERMS OF USE AGREEMENT

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to BigIslandBuilt.com indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by BigIslandBuilt. BigIslandBuilt.com reserves the right to make changes to this site and these terms and conditions at any time.

Copyright and Trademark Notice
This site is owned and operated by Big Island Built LLC. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of BigIslandBuilt, Copyright © 2009-2014, ALL RIGHTS RESERVED. All software used on the site is the sole property of BigIslandBuilt or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without BigIslandBuilt prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

BigIslandBuilt is a trademark and/or service marks of Big Island Built, LLC. All custom graphics, icons, logos and service names are considered trademarks, trademarks or service marks of Big Island Built, LLC. All other trademarks or service marks used are property of their respective owners. The use of any BigIslandBuilt trademark or service mark without Swell's express written consent is strictly prohibited.

Disclaimer and Limitation of Liability as to Products Sold
All of BigIslandBuilt's products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, BigIslandBuilt.com makes no representations or warranties, either express or implied, of any kind with respect to products sold on the BigIslandBuilt.com site. Except as expressly stated herein, BigIslandBuilt expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to BigIslandBuilt.com arising from any product sold on the BigIslandBuilt.com website shall be the price of the product ordered. In no event shall BigIslandBuilt, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.

Disclaimer and Limitation of Liability as to the BigIslandBuilt.com Websites
The BigIslandBuilt.com website and the materials therein are provided "as is". BigIslandBuilt makes no representations or warranties, either expressed or implied, of any kind with respect to the BigIslandBuilt sites, their operations, contents, information or materials. BigIslandBuilt expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that BigIslandBuilt LLC, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the BigIslandBuilt.com sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, BigIslandBuilt.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BigIslandBuilt.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BigIslandBuilt.com shall immediately issue a credit to your credit card account in the amount of the charge.

Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that BigIslandBuilt is not responsible for the operation of or content located on or through any such site.

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. BigIslandBuilt.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. BigIslandBuilt.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. BigIslandBuilt is a reseller to end user customers and does not accept online orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by BigIslandBuilt.com. If you intend to resell our products please contact us to implement a wholesale/reseller contract.

Sales Taxes
BigIslandBuilt.com shall automatically charge and withhold the applicable excise tax for orders to be delivered to addresses within Hawaii. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state or locale. Orders shipping to international addresses, the applicable taxes and duties will fall upon the receiving customer to pay.

Jurisdiction and Venue
You agree that any legal action brought against BigIslandBuilt shall be governed by the laws of the State of Hawaii without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the BigIslandBuilt.com sites shall be an appropriate federal or state court located in Hawaii County, Hawaii.