KaimukiHawaii.com Membership Agreement Terms and Conditions - Kaimuki

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KaimukiHawaii.com Membership Agreement Terms and Conditions
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The KAIMUKIHAWAII.COM Member Agreement is a legal document that details your rights and obligations as a KAIMUKIHAWAII.COM member. You cannot become a KAIMUKIHAWAII.COM Member until you have accepted the terms of the Member Agreement. The Member Agreement provides very important information about your KAIMUKIHAWAII.COM membership, so you should take the time to read and understand it. The Internet and online world is changing rapidly and as technology and KAIMUKIHAWAII.COM's business continue to evolve, these policies may have to be updated or revised. By joining KAIMUKIHAWAII.COM and accepting the Member Agreement you agree that KAIMUKIHAWAII.COM may change the terms of this Member Agreement. If you don't agree to the changes proposed by KAIMUKIHAWAII.COM, or to any of the terms in this Member Agreement, your only remedy is to not to renew your KAIMUKIHAWAII.COM membership.

1) MEMBERSHIP BASICS - This Agreement is your entire agreement with KAIMUKIHAWAII.COM and governs your use of the KAIMUKIHAWAII.COM online service. To be a KAIMUKIHAWAII.COM member, you must be at least 18 years old. If you are not yet eighteen years old, you may still use KAIMUKIHAWAII.COM, but only if the account/membership was created and registered by your parent or guardian.

2) CONTENT USAGE RULES - Members have the ability to download images generated by KAIMUKIHAWAII.COM. Members agree not to use these images for any commercial purpose, without prior written approval from KAIMUKIHAWAII.COM. Members may not publish such images on any website, in any magazine or other media, without prior written approval from KAIMUKIHAWAII.COM. Images are intended solely for member's personal use, and may not be rebroadcast in any form.

3) BUSINESS, JOB, PUBLIC DIRECTORY LISTINGS RULES - KAIMUKIHAWAII.COM drives to maintain a family friendly Web site. We reserve the right to reject any business, job or public listing.The KAIMUKIHAWAII.COM site administrator must approve of any business, job, or public listing. Approval of a listing is at the sole discretion of the site administrator. Listings deemed inappropriate, for any reason, will not be listed. Approval of an ad does not constitute an endorsement by either the site administrator or KAIMUKIHAWAII.COM.

4) DIRECTORY LISTINGS AND PROFILE CONTENT - KAIMUKIHAWAII.COM reserves the right to correct grammar and spelling errors, edit text and any elements of graphics, photos, designs, or other artwork furnished to KAIMUKIHAWAII.COM for inclusion in KAIMUKIHAWAII.COM Web pages. KAIMUKIHAWAII.COM also reserves the right to delete directory listings and profiles at anytime without cause.

5) DUES AND FEES - KAIMUKIHAWAII.COM does not have membership fees or dues and at this time, BUT KAIMUKIHAWAII.COM reserves the right to charge membership dues and fees anytime in the future. At that time, you will be notified of the dues and fees rates schedule and have the option to terminate your membership if you do not agree with the dues/fees.

6). TRADEMARKS & COPYRIGHTS: You represent to KAIMUKIHAWAII.COM and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to KAIMUKIHAWAII.COM for inclusion in Web pages or approved (via Email) to be used on the Web sites are owned by the member, or that the member has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend KAIMUKIHAWAII.COM and its and its affiliates, affiliated subsidiaries, employees, contractors, officers, directors, and content providers from any claim or suit arising from the use of such elements furnished or approved by the member.

7) WARRANTY - MEMBER EXPRESSLY AGREES THAT THE USE OF KAIMUKIHAWAII.COM, KAIMUKIHAWAII.COM SITE IS AT MEMBER'S SOLE RISK. THE KAIMUKIHAWAII.COM SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. KAIMUKIHAWAII.COM PROVIDES THE KAIMUKIHAWAII.COM SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH KAIMUKIHAWAII.COM IS THE CANCELLATION OF YOUR ACCOUNT. IN NO CASE SHALL KAIMUKIHAWAII.COM AND ITS AFFILIATES, AFFILIATED SUBSIDIARIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND CONTENT PROVIDERS BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF KAIMUKIHAWAII.COM, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH KAIMUKIHAWAII.COM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KAIMUKIHAWAII.COM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. KAIMUKIHAWAII.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH KAIMUKIHAWAII.COM AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8) INDEMNIFICATION - Upon a request by KAIMUKIHAWAII.COM, you agree to defend, indemnify and hold harmless KAIMUKIHAWAII.COM and its affiliates, affiliated subsidiaries, employees, contractors, officers, directors, and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Member Agreement for which you are responsible or from the use of KAIMUKIHAWAII.COM or the Internet, or in connection with your transmission of any Content on KAIMUKIHAWAII.COM. KAIMUKIHAWAII.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a Member. In that event, the member shall have no further obligation to provide indemnification for KAIMUKIHAWAII.COM in that matter.

9) TERMINATION AND CANCELLATION - Either you or KAIMUKIHAWAII.COM may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with KAIMUKIHAWAII.COM. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or KAIMUKIHAWAII.COM's enforcement or application of this Agreement; (2) any policy or practice of KAIMUKIHAWAII.COM, or KAIMUKIHAWAII.COM's enforcement or application of these policies; (3) the content available through KAIMUKIHAWAII.COM or the Internet or any change in content provided through KAIMUKIHAWAII.COM; (4) your ability to access and/or use KAIMUKIHAWAII.COM; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your membership by delivering notice to KAIMUKIHAWAII.COM's by sending your cancellation request to info@KAIMUKIHAWAII.COM.com. Please be sure to include both your full name and the email address you used to sign up. Cancellation will take effect within 72 hours of receipt of your request.

In the event that your account is terminated or canceled, no refund, including any membership fees, will be credited to you or can be converted to cash or other form of reimbursement. Active KAIMUKIHAWAII.COM Members may not allow former Members or other agents whose memberships have been terminated to use their accounts.

10) LAW and LEGAL LAW AND JURISDICTION - The Member Agreement represents your entire agreement with KAIMUKIHAWAII.COM. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of Hawaii, excluding its conflicts-of-law rules, govern this Agreement and your membership. As noted above, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with KAIMUKIHAWAII.COM or relating in any way to your membership or your use of KAIMUKIHAWAII.COM resides in the courts of Hawaii and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Hawaii in connection with any such dispute including any claim involving KAIMUKIHAWAII.COM or its affiliates, subsidiaries, employees, contractors, officers, directors, and content providers.

11) EXPORT LAW - You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to KAIMUKIHAWAII.COM any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.
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