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.
We may monitor your use of this PBC Web Site, and may freely use and
disclose any information and materials received from you or collected
through your use of the PBC Web Site for any lawful reason or purpose.
PBC has a specific Privacy Policy that describes the information PBC
collects through your use of the PBC Web Site, and the limitations PBC
agrees to place on its use of such information. That Privacy Policy is
hereby incorporated as part of this Agreement.
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:
Copyright Agent
Attn: Randal Ikeda
1000 Bishop Street, Suite 405
Honolulu, HI 96813
Phone: (808) 537-9500
Fax: (808) 537-6455
Email: infringement@pacificbasin.net
For any questions or requests other than copyright issues, please contact info@pacificbasin.net
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.
