TERMS OF USE
Effective January 1, 2017

Welcome to our website.  By accessing or using kahiliactivewear.com on any computer, mobile phone, tablet, console or other device, you signify that you are legally eligible to do so and have read, understand and agree to be bound by these Terms of Use and any other applicable law.  Your continued use of this site shall be respectful and is also to be considered your agreement to be bound by the following Terms of Use.  We reserve the right to change these terms at any time without notice.  If you do not agree with any of the following Terms of Use, you are prohibited from using this site. 

PRIVACY POLICY
The Terms of Use act in conjunction with the Kahili Activewear Privacy Policy.  This Privacy Policy governs the collection and use of your Personal Identifiable Information (PII) through kahiliactivewear.com.  Please review the Privacy Policy carefully.    

INTELLECTUAL PROPERTY
This website, collectively, including its design and all of its contents, is protected by applicable copyright and trademark law.  Kahili Activewear is the sole owner and controller of all intellectual property on this site including, but not limited to, registered trademarks, unregistered trademarks, names, logos, and service marks.  Nothing contained on this website should be construed as granting any license or right to use any proprietary property in a commercial setting.  All rights reserved.   

THIRD PARTY LINKS
This website may contain links to third party websites that are not controlled by Kahili Activewear.  Please be aware that Kahili Activewear is not responsible for the content of any linked third party websites. If you should link to a third party website from kahiliactivewear.com, it is at your own risk.  We strongly encourage you to review and become familiar with that website's Terms of Use and Privacy Policy.

PRODUCT ORDERS
Kahili Activewear reserves the right to refuse or cancel any order at any time for at its sole discretion.  Product availability is not guaranteed.

WARRANTY DISCLAIMER
To the fullest extent permitted by law, Kahili Activewear disclaims all warranties (express, implied, or residual) including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.  Kahili Activewear does not make any guarantee that this website (or its servers) will be uninterrupted, free of defects, or free of errors.  Website contents including and beyond product and service descriptions, representations, and pricing may not be accurate, complete, current, correct, or reliable. The contents provided on kahiliactivewear.com are provided "as is".  Kahili Activewear may make content updates or changes at any time without notice, but makes no commitment to do so. 

LIABILITY DISCLAIMER
Kahili Activewear is not responsible and disclaims all liability for any loss, damage (whether direct, indirect, or consequently), personal injury, or expense of any nature which may be suffered by you or any third party (including your company) as a result of your access and use of this website.  This disclaimer includes any information contained on the website, you or your company's personal information or material, and information transmitted over our system.  Kahili Activewear, nor any affiliate third-party or data or content provider, is also not liable in any way to you or to any other party for a loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, error in, or for actions taken in reliance or occasioned thereby or by reason or non-performance or interruption, or termination thereof.

INDEMNIFICATION
You agree to indemnify and hold harmless Kahili Activewear and all of its affiliates from any claim, demand, liability, or expense (including attorney fees) arising out of your use and connection to this website and all of its contents, your violation of the Terms of Use, or your violation of any laws or rights of any third party.   

SEVERABILITY
Any provision of any relevant Terms of Use, policies, and notices, which is or becomes unenforcable in any jurisdiction (whether due to being void, invalidity, illegality, unlawful or for any reason whatsoever) shall in such jurisdiction only, and only to the extent that it is so unenforceable, be treated as void.  The remaining provisions of any relevant Terms of Use, policies, and notices shall remain in full force and effect.

APPLICABLE LAWS
Use of this website shall in all respects be governed by the laws of the state of Hawaii, U.S. regardless of the laws that might be applicable under principles of conflicts of interest of law. The parties agree that the Hawaii courts shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. 

TERMINATION AND ACCESS RESTRICTION
Kahili Activewear reserves the right to terminate or restrict your access to this website and its affiliated platforms at any time without notice.  You also agree that no commercial relationship exists between you and Kahili Activewear whatsoever as a result of the Terms of Use, Privacy Policy, or use of kahiliactivewear.com.