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Terms and Conditions

IslandPrincessHawaii.com Terms of Use as of February 16, 2009

Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Purdyco Ltd. dba Island Princess and Orchard Heights Winery (all three organizations are further referred to collectively as "IslandPrincess"). The collective work includes works that are licensed to Island Princess. Winery. Copyright 2006, Island Princess ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Island Princess or purchasing Island Princess products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order and purchase Island Princess products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Island Princess. You further agree not to change or delete any proprietary information from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Island Princess used in the site are trademarks or registered trademarks of Island Princess.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Island Princess disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Island Princess does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Island Princess does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Island Princess shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Island Princess has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
We make every effort to present an error-free website, however in the event that an Island Princess product is mistakenly listed at an incorrect price or with incorrect or incomplete information or description, Island Princess reserves the right to refuse or cancel any orders placed for product listed at the incorrect price or based on the information error. This applies to on-line promotions also. You will be advised of our action and given the opportunity to resubmit an order based on correct information. If your credit card has already been charged for the purchase and your order is cancelled, Island Princess shall issue the appropriate credit to your credit card account.

Additional Terms
Other terms of use for IslandPrincessHawaii.com specific areas can be found on our site through these links:
Shipping Information

Payments
Privacy and Security Policy

Terms of Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be revised or terminated by Island Princess without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Island Princess may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Island Princess.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Hawaii, the United States of America, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Island Princess products) shall be in the state or federal courts located in Honolulu Hawaii. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Island Princess products) must be commenced within one (1) year after the claim or cause of action arises. Island Princess's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Island Princess may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Island Princess or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Island Princess does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Island Princess is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Island Princess reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Island Princess in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Island Princess, Orchard Heights Winery, and Purdyco Ltd. its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Island Princess may link to sites operated by third parties. However, even if the third party is affiliated with Island Princess, Island Princess has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Island Princess. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Island Princess seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Updates and Effective Date
Because we periodically update our terms and conditions, Island Princess recommends you periodically revisit this section for the latest updates. These policies were updated to be effective February 16, 2009. We invite you to contact us if you have specific questions.

Island Princess
2846 Ualena Street
Honolulu, Hawaii 96819
Ph: (808) 925-5222 - FAX: (808) 836-2019
Email:  Info@IslandPrincessHawaii.com