Ownership of PAINTKONA - This website is owned and operated by West Side Painting, Inc. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, illustrations and software (“Content”), is owned by West Side Painting, Inc, its licensors and its content providers. All elements of the PAINTKONA web pages, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with West Side Painting, Inc., no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its CONTENT and all related rights shall remain the exclusive property of West Side Painting, Inc. or its licensors unless otherwise expressly agreed. You shall indemnify West Side Painting, Inc,, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this AGREEMENT or your unauthorized use of the CONTENT and related rights.
Disclaimers - THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WEST SIDE PAINTING, INC. EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WEST SIDE PAINTING, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT WEST SIDE PAINTING, INC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither West Side Painting, Inc., nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. West Side Painting, Inc. uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability. There may be links to other websites from the West Side Painting website; however, these other websites are not controlled by West Side Painting, Inc and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against West Side Painting regarding the inclusion of links to outside websites or your use of those websites. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Jurisdiction - This website, Paintkona, is provided as a public service using a contracted computer system by the West Side Painting, Inc. Any person choosing to access and use this website is subject to the jurisdiction of the State of Hawaii. These terms shall be governed by and construed in accordance with the laws of the State of Hawaii. Any dispute arising out of or relating to these terms, or access and use of this website shall be decided under the laws of and in the state courts in the State of Hawaii, and you hereby consent to and submit to the personal jurisdiction of such courts for the purpose of adjudicating such dispute.