Terms and Conditions of Use
Site Information and General Disclaimer
This site is owned, operated, and maintained by Hawaiian Chip Co. (“HCC”) and was created for your information and enjoyment. Use of this site and the information on this site is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this site. HCC reserves the right to modify these terms and conditions without notice. Your use of this site is subject to the most current version of the terms and conditions posted on the site at the time of such use. Use and browsing of this site constitutes your acceptance, without limitation or qualification, of these rules. HCC makes no representations or warranties regarding the accuracy, reliability, or completeness of the material on this site. To the extent permissible by law, HCC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. In addition, HCC does not warrant that this site or the server that makes it available is free of computer “viruses.”
Links to Other Sites
For your convenience, HCC may provide links to other internet sites. However, HCC does not control or endorse these sites and is not responsible for the content of the site. By accessing any link from this site, you do so entirely at your own risk.
Intellectual Property Rights: Copyrights and Trademarks
The material contained in this site, including, without limitation, text, information, page headers, button icons, images, designs, logos, data, graphics, slogans, trade dresses and photographs are copyrighted and/or trademarked. Any unauthorized use of this material may violate copyright, trademark, and other laws enforced in the United States and internationally. This material should not be reproduced or used without express written permission from HCC.
Trademarks displayed on this site, including, but not limited to Hawaiian Chip Company™ brand Sweet Potato & Taro Chips, Hawaiian Chip Company™ brand Taro Chips, Hawaiian Chip Company™ brand Sweet Potato Chips, Kilauea Fire®, and all of HCC’s characters, are the property of HCC in the United States and/or internationally. The absence of a product name or logo from this list in no way constitutes a waiver of HCC’s intellectual property rights. No material contained on this site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on this site without the express written agreement of HCC. Improper use of trademarks displayed on this site is strictly prohibited. For further information on proper trademark usage, see Trademark Guidelines.
Restrictions of Liability
Use of this site is at your own risk. Everything provided to you on this site is “AS IS” without warranties of any kind, either express or implied. HCC shall not be liable for damages of any kind, including without limitation, special, punitive, incidental, indirect, or consequential damages, arising out of your access to, or inability to access, this site or your use of, or reliance upon, this site or the content hereof whether or not HCC has been advised of the possibility of such damages, and on any theory of liability. In addition, HCC is under no obligation to update this site or its content and shall not be liable for failure to update such information. HCC is not liable in any way for use of links to other sites. The above limitations do not apply in jurisdictions that prohibit limitation or exclusion of liability for consequential, incidental damages or implied warranties.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America and the State of Hawaii, without giving effect to its conflicts of law principles. By using this site, you agree that any dispute arising from or relating in any way to this site will be brought exclusively in the Federal or State courts located in the State of Hawaii and you agree to submit to the jurisdiction of such courts. By using this site, you agree to indemnify, defend, and hold harmless HCC from and against any and all claims, damages, liability, costs and/or expenses, including attorneys’ fees, arising from or relating to your use of this site or its content. If any provision of these terms and conditions shall be unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. The headings used in the Terms and Conditions are for convenience only; they are not to be used in determining the meaning or interpretation of these rules. If any clause or provision set forth in these rules is determined to be illegal, invalid or unenforceable under present or future law, then it shall be severable without affecting the enforceability of all remaining clauses or provisions.
