Conditions, and Notices for Use of Maui Island Currents Website - Agreement
Between User and Island Currents, Inc.
You, the user,
may use this Web site provided you accept, without modification, the terms,
conditions, and notices contained herein. Your use of this Web site constitutes
your agreement to all such terms, conditions, and notices.
and Non-commercial Use Limitation
Inc. provides this website for your personal and non-commercial use. You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from this Web site.
Unlawful or Prohibited Use
You warrant to
Island Currents, Inc., as a condition of your use of this Web site, that
you will not use this Web site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices.
Please note that
all Software and Graphics, including without limitation all HTML and other
code and controls contained in this Web site, is owned by Island Currents,
Inc. and/or its suppliers and is protected by copyright laws and international
treaty provisions. Any reproduction or redistribution of the Software
is expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR GRAPHICS TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT.
to Third Party Sites
This Web site
may contain hyperlinks to Web sites operated by parties other than Island
Currents, Inc. Such hyperlinks are provided for your reference only. Island
Currents, Inc. does not control such Web sites, and is not responsible
for their contents. Island Currents, Inc. inclusion of hyperlinks to such
Web sites does not imply any endorsement of the material on such Web sites
or any association with their operators.
Inc. and/or its affiliates may gather, process, and use (and allow others
to use) the information which you provide directly (e.g., name, physical
address, email address), as well as information regarding the manner in
which you use this Web site. From time to time, Island Currents, Inc.
may allow others to offer products and services to you. If you wish to
discontinue receiving such offers, you may notify Island Currents, Inc.
as set forth below under "Service Contact".
and Trademark Notices:
of this Web site are: Copyright © 1997 Island Currents, Inc. and/or its
suppliers, 552-B Piiholo Road, Makawao, Hawaii 96768, U.S.A. All rights
Maui Island Currents
and other names of Island Currents, Inc. products and/or services referenced
herein are trademarks or registered trademarks of Island Currents, Inc..
Other product and company names mentioned herein may be the trademarks
of their respective owners.
of These Terms and Conditions
Inc. reserves the right to change the terms, conditions, and notices under
which this Web site is offered.
the webmaster with any questions or problems regarding this Web site.
SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. ISLAND CURRENTS, INC. AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
ISLAND CURRENTS, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. ISLAND CURRENTS, INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL ISLAND CURRENTS, INC. AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH
THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ISLAND
CURRENTS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
is governed by the laws of the State of Hawaii, U.S.A. You hereby consent
to the exclusive jurisdiction and venue of courts in Maui County, Hawaii,
U.S.A. in all disputes arising out of or relating to the use of this Web
site. Use of this Web site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Island Currents, Inc. as a result of this agreement
or use of this Web site.
Island Currents, Inc. performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of Island Currents, Inc. right to comply with law enforcement
requests or requirements relating to your use of this Web site or information
provided to or gathered by Island Currents, Inc. with respect to such
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the user and Island
Currents, Inc. with respect to this Web site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Island Currents, Inc. with respect to
this Web site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally
generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data
that may be used herein are not intended to represent any real individual,
company, product or event.
Any rights not expressly granted herein are reserved.