Introduction

Tropical Landscapes Hawaii, LLC (“Tropical Landscapes Hawaii”) is pleased to give you access to its website (the “Site”), free of charge. Your use of the Site and all information, products, and services on this Site (collectively, the “Services”) are subject to the binding legal terms set forth below (“Terms”). You understand we may update these Terms from time to time without giving you any notice. By using this website, you agree to each of the terms set forth below. If you disagree with any part of these terms and conditions, do not use this website.

The Site contains links to other websites. Your use of such other websites is subject to the Terms of Use, if any, contained within each such website. If there is any conflict between the Terms set forth below and any terms or notices set forth on any other website, then the terms of such other website will control your use of that website. Please review the Terms of Use for each website so that you understand all of the terms that will apply.

Limitations of Liability

The information on this website is provided free of charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

While it is our goal to ensure that the information on this website is correct and up-to-date, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on this website is kept updated.

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose, and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect, or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue, or anticipated savings.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Privacy

Any information that we may collect from you during your use of the Site is subject to our Privacy Policy. You can access our Privacy Policy at Privacy Policy.

Use of This Website

You may use the Services on the Site for your personal use. You may view, download for caching purposes only, and make a single copy of the individual screens you see when you use the Site, but only for your personal use, and not for further distribution or transfer to others. You may not – and agree to not – modify, reformat, reproduce, duplicate, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, sell, resell, or otherwise exploit our website or material or information obtained from our website for any commercial purpose, except as set forth in this Agreement, without our written consent. Additionally, you agree to not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system. You must not use our website for any purposes related to marketing without our express written consent. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You must not use our website in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

Registration

If you decide to become a registered user of this site, you will be asked to give us some information about yourself. During the registration process, you agree to give us true, accurate, and complete information about yourself, and to promptly update this information when it changes. If you do not update it, we may suspend or terminate your use of the site as explained below. Any personal information that you provide to us is subject to the terms of our Privacy Policy.

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Tropical Landscapes Hawaii, LLC. You understand that you have no rights to the services or any other Tropical Landscapes Hawaii property except as indicated in this Agreement.

Intellectual Property Rights

Unless otherwise stated, we or our licensees own the intellectual property rights in the website and material on the website. Subject to the license below, all our intellectual property rights are reserved.

All product trademarks and copyrights remain the property of their respective owners.

Restricted Access

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

Protecting Children

Tropical Landscapes Hawaii, LLC strives to create a safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.

Disclosure of Your Identity

From time to time, we may receive requests to disclose the identities of our users. We only will disclose the identities of our users or other personally identifiable information in accordance with the terms of our Privacy Policy. See Privacy Policy.

Indemnity

You understand that you are personally responsible for your behavior while on the Site, and agree to indemnify and hold Tropical Landscapes Hawaii, LLC and its affiliates and their officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur in connection with a third-party claim or otherwise, in relation to your use of or access to the Site, or your violation of either these Terms or the rights of any third party.

Disclaimer of Warranties

You understand that your use of the services (including any downloads and any loss of data or other damage to your computer system you experience from using this Site) is at your sole risk. You understand that the services and all information, products, and other content, including third-party information, products, and content, included in or accessible from the Site, are provided on an “as is” and “where available” basis, and are subject to change at any time without notice to you. You understand that no warranty of any kind, whether oral or written, can modify the terms of the disclaimer set forth in this document.

To the maximum extent permitted by law, Tropical Landscapes Hawaii, LLC disclaims all representation, warranties, and conditions of any kind, be they express, implied, statutory, or otherwise, including but not limited to the warranties of merchantability and fitness for a particular purpose, title, and non-infringement of proprietary rights, as to the services and all information, products, and other content, including third-party information, products, and content, included in or accessible from the Site.

Disclaimer

To the maximum extent permitted by applicable law, in no event will Tropical Landscapes Hawaii, LLC or its affiliates be liable to you or any third party making claims through you, for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance, or non-performance of the site or the services, even if Tropical Landscapes Hawaii, LLC has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise.

Access Restrictions; Termination; Variation of Terms

We can terminate your access to the Site or the Services at any time.

We may also revise these Terms at any time, and your continued use of the Services after any change we make will mean that you agreed with the changes. If you do not agree to any change, do not use this site in any manner for any purpose. Please check this page regularly to ensure you are familiar with the current version.

Website Maintenance

In order to ensure that you have the latest information, product availability, and dealer listings, Tropical Landscapes Hawaii, LLC will update our website occasionally. However, there may be other delays and service interruptions from time to time. We apologize for any inconvenience this may cause you. Please check back, as we intend to have any website issues resolved very quickly.

Copyrights and Trademarks

All content on the Site is owned by Tropical Landscapes Hawaii, LLC and/or its licensees and protected by applicable law, with all rights reserved. Tropical Landscapes Hawaii, LLC will terminate your access to, or use of, the Site and/or the services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.

Entire Agreement

These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Jurisdiction

If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Hawaii, without regard to any choice of law provisions.

Contact Information

The full name of our company is Tropical Landscapes Hawaii, LLC. You can contact us by phone at (808) 799-3272 or email: [email protected].

Updated as of June 28, 2024