Acceptance of Terms & Conditions
These Terms & Conditions (“Terms”) are entered into by and between you and S & K Sales Co. (“us” or “we”). The following terms and conditions, together with our Privacy Policy, govern your access to and use of sksaleshawaii.com website (“Website”). Please read these Terms carefully before using the Website.
By using this Website, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.
Age Restriction
Our Website is not intended for children under 18 years of age. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us.
S&K Sales assumes no responsibility for liabilities related to age misrepresentation. No one under age 18 may provide any personal information to the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information.
Intellectual Property
You agree that the Website and its entire contents, features and functionality are owned by S&K Sales, its licensors or other providers of such materials and are protected by United States and international copyright, trade secret, trademark, patent, and other intellectual property or proprietary rights laws.
You agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.
The S&K Sales name and all related names, logos, product and service names, designs, and slogans are trademarks of S&K Sales or its affiliates or licensors. You must not use such marks without the prior written permission of S&K Sales. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms.
Third Party Links
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use, as well as the privacy policies, for such websites.
Applicable Law
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to any conflicts of law rules or provisions.
Disputes
You irrevocably submit to the exclusive jurisdiction of the state courts of Virginia located in Virginia Beach, Virginia, and of the United States District Court for the Eastern District of Virginia, Norfolk Division located in Norfolk, Virginia, in any action or proceeding arising out of, or relating to, the Website, its content and these Terms. You further agree that any such action or proceeding must be brought exclusively in such courts.
Disclaimer
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, S&K SALES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnification
You agree to indemnify, defend and hold harmless S&K Sales, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, successors and assigns from and against any and all claims or causes of action, liabilities, damages, judgments, awards, losses, costs and expenses (including attorneys’ fees and expert fees) arising out of or related to these Terms or your use of the Website.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL S&K SALES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Changes to these Terms
S&K Sales reserves the right to edit, modify, and change these Terms at any time. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are responsible to checking this page so that you are aware of any changes.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and S&K Sales regarding the Website and supersede and replace all prior and contemporaneous understandings, agreements, representations and warranties, both oral and written, regarding the Website.
Your Comments and Concerns
All feedback, comments and other communication relating to the Website should be directed to us at: S & K Sales Co. Hawaii & Pacific Islands, 91-033 Malakole St., #3, Kapolei, HI 96707.