Hawaii Home + Remodeling Online is an on-line information and communication service provided by PacificBasin Communications, Inc. (“PBC”), a corporation with its headquarters at 1000 Bishop Street, Honolulu, Hawaii. This Internet Web Site Agreement (the "Agreement") is between you and PBC. Use of the Hawaii Home + Remodeling Online Internet Web site (the "PBC Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement:
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS PBC WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this PBC Web Site and should use your browser’s “back” button to exit the PBC Web Site.
PBC reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the PBC Web Site.
The PBC Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the PBC Web Site are only for your personal, non-commercial use. Many of the materials contained on the PBC Web Site are protected by copyright, and are owned or controlled by PBC or the party credited as the provider of the Content. You agree you will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the PBC Web Site. You may download and make one (1) copy of the Content and other downloadable items displayed on this PBC Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from PBC or the copyright holder identified in the individual Content's copyright notice.
Certain public documents are made available on the PBC Web Site. Although PBC attempts to reflect those public documents accurately on the PBC Web Site, PBC is not responsible for any errors or omissions that may occur in its reporting of those public documents. If the information is critical to you, you should check with the original government source of those documents to confirm their accuracy.
You acknowledge that the PBC Web Site may include certain trademarks and service marks owned by PBC, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks, You further agree that you will not alter or remove any trademark, copyright, or other notice from any copes of the Content.
We may change, suspend or discontinue any aspect of the PBC Web Site at any time, including the availability of any PBC Web Site feature, database, or Content. PBC may also impose limits on certain features and services or restrict your access to parts or all of the PBC Web Site without notice or liability. We reserve the right to make changes, corrections, and improvements to the PBC Web Site, and to the products and programs described in the Site, at any time without notice.
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the PBC Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the PBC Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
You hereby agree to indemnify, defend and hold PBC, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You agree you will cooperate as fully as reasonably required in the defense of any claim. PBC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PBC.
The PBC Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the PBC Web Site. Links to and from PBC Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by PBC or any of its subsidiaries or affiliates of any third party resources, or their contents.
The PBC Web Site may contain inaccuracies or typographical errors or omissions. We regret any such errors, but will not be bound by any such errors. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the PBC Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the PBC Web Site.
PBC Web Site’s forums, bulletin board and chat rooms are provided to give users an interesting and stimulating forum in which they can express their opinions and share their ideas. We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these forums (message boards/bulletin boards/chat rooms). Please use your best judgment and be respectful of other individuals using these forums. Do not use vulgar, abusive or hateful language. You may not use the Service's bulletin boards for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.
Given the nature of the PBC Web Site and the volume of messages and postings, PBC cannot and does not monitor all of the material posted or transmitted by users and third party information providers. While you agree that the PBC will not be liable for such third party content, we reserve the right to delete, move or edit any communications which we deem in our sole discretion to be violative of this agreement; harmful to individuals or communities; obscene; defamatory; in violation of PBC’s or any third party's rights; or otherwise unacceptable.
YOU EXPRESSLY AGREE THAT USE OF THE PBC WEB SITE IS AT YOUR OWN RISK. THE PBC WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PBC WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PBC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PBC WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE PBC WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PBC WEB SITE OR ANY LINKED SITE. FURTHER, PBC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PBC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PBC WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PBC WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PBC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE PBC WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER PBC, ITS SUBSIDIARY, OR AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE PBC WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. PBC, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER PBC, ITS SUBSIDIARIES OR AFFILIATES WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the PBC Web Site, you hereby grant to PBC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against PBC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You also agree to indemnify and hold PBC harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of those materials. You further grant PBC the right to use your name in connection with the reproduction or distribution of such material.
We do not accept unsolicited materials or ideas for use or publication in PBC’s magazines, books, the PBC Web Site, or other digital and electronic media (except in connection with forums, chat rooms, and bulletin boards on the PBC Web Site). PBC shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the PBC Web Site.
You acknowledge that transmission to and from this PBC Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to PBC, no confidential, fiduciary, contractually implied or other relationship is created between you and PBC other than pursuant to this Agreement.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF HAWAII.
We respect the rights of all copyright holders and in this regard, PBC has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PBC's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ? 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PacificBasin Communication’s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Attn: Randal Ikeda
1000 Bishop Street, Suite 405
Honolulu, HI 96813
Phone: (808) 537-9500
Fax: (808) 537-6455
For any questions or requests other than copyright issues, please contact email@example.com
This Agreement constitutes the entire agreement between PBC and you with respect to your use of the PBC Web Site. Any cause of action you may have with respect to your use of the PBC Web Site must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. PBC disclaims any and all responsibility for content contained in any third party materials provided through links from the PBC Internet site.