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TERMS
AND CONDITIONS OF USE

GENERAL
Welcome to Paradise Cove.com. Your use of this site is expressly conditioned
on your acceptance of the following terms and conditions. By using
this site, you signify your assent to these terms and conditions.
If you do not agree with any part of the following terms and conditions,
you must not use this site.
LICENSE
AND USE OF SITE
Paradise Cove grants you a limited license to access and make personal
use of this site. This license does not include any resale or commercial
use of this site or its contents; any collection and use of any
product listings, prices or descriptions; any copying or downloading
of account information for the benefit of another merchant; any
use of data mining, robots or similar data gathering and extraction
tools; or any derivative use of this site or its contents. This
site or any portion of this site may not be duplicated, copied,
reproduced, visited, sold, resold or otherwise exploited for any
commercial purpose without express written consent of Paradise Cove.
You may not use any meta tags or any other "hidden text"
utilizing Paradise Cove’s name or trademarks without the express
written consent of Paradise Cove. You may not frame or utilize framing
techniques to enclose any trademark, logo or other proprietary information
(including images, text, page layout, or form) of Paradise Cove
without its express written consent. Any unauthorized use terminates
the license granted by Paradise Cove.
ELECTRONIC
COMMUNICATIONS
When you visit this site or send e-mails to Paradise Cove, you are
communicating with Paradise Cove electronically. You consent to
receive communications from Paradise Cove electronically. Paradise
Cove will communicate with you by e-mail or by posting notices on
this site. You agree that all agreements, notices, disclosures and
other communications that Paradise Cove provides to you electronically
satisfies any legal requirement that such communications be in writing.
ERRORS
AND INACCURACIES
The goal of Paradise Cove is to provide complete, accurate, up-to-date
information on its site. Unfortunately, it is not possible to ensure
that any site is completely free of human or technological errors.
This site may contain typographical mistakes, inaccuracies or omissions,
some of which may relate to pricing and availability, and some information
may not be complete or current. Paradise Cove reserves the right
to correct any errors, inaccuracies or omissions -- including after
an order or reservation has been submitted -- and to change or update
information at any time without prior notice.
LINKS
TO OTHER WEB SITES AND SERVICES
Paradise Cove may provide links to other sites which are not owned
or operated by Paradise Cove. Also, businesses other than Paradise
Cove may offer services and products on or through this site. When
visiting these other sites, you should exercise caution and review
their policies carefully. Paradise Cove is not responsible for the
inspection or evaluation of these sites and does not warrant the
offerings of any of these enterprises or individuals or the content
of their sites. Therefore, Paradise Cove does not assume any responsibility
or liability for actions, product and content relating to these
or any other enterprises or individuals.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations
and software, is the property of Paradise Cove or its content suppliers
and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property
of Paradise Cove and protected by U.S. and international copyright
laws. All software use on this site is the property of Paradise
Cove or its software suppliers and protected by United States and
international copyright laws.
TRADEMARKS
All trademarks, service marks and trade names employed by Paradise
Cove are proprietary to Paradise Cove or other respective owners
that have granted Paradise Cove the right and license to use such
trademarks, service marks and trade names, and are protected by
U.S. and international trademark laws.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITIES
THIS SITE IS PROVIDED BY PARADISE COVE ON AN “AS IS”
AND “AS AVAILABLE” BASIS. PARADISE COVE MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR
PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
PARADISE COVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. PARADISE COVE DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS OR E-MAIL SENT FROM PARADISE COVE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. PARADISE COVE WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES.
BECAUSE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU.
APPLICABLE
LAW
The laws of the state of Hawaii, without regard to principles of
conflict of laws, will govern these Terms and Conditions of Use
and any dispute of any sort that might arise between you and Paradise
Cove.
DISPUTES
Any dispute relating in any way to your use of this site or to products
or services purchased from this site shall be submitted to arbitration
in Honolulu, Hawaii. However, if you have in any manner violated
or threatened to violate any intellectual property rights, Paradise
Cove may seek injunctive or other appropriate relief in any state
or federal court in the state of Hawaii. You consent to exclusive
jurisdiction and venue in such courts. Any arbitration shall be
conducted under the prevailing rules of the American Arbitration
Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration with
respect to this site or to products or services purchased here shall
be joined to an arbitration involving any other party, whether through
class arbitration proceedings or otherwise.
INDEMNIFICATION
You agree to defend, indemnify and hold Paradise Cove harmless from
and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of this site.
SEVERABILITY
If any of these Terms and Conditions of Use shall be held invalid,
void or for any reason unenforceable, that term or condition shall
be deemed severable and shall not affect the validity and enforceability
of any remaining terms and conditions.
MODIFICATION
Paradise Cove reserves the right to make changes to this site, including
changes to any prices at which Paradise Cove offers products or
services, and changes to these Terms and Conditions of Use, at any
time.
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