Terms of Use

Terms, 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.

Personal and Non-commercial Use Limitation

Island Currents, 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.

No 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.

WITHOUT LIMITING 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.

Links 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.

Use of Information

Island Currents, 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".

Copyright and Trademark Notices:

All contents 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 reserved.

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.

Modification of These Terms and Conditions

Island Currents, Inc. reserves the right to change the terms, conditions, and notices under which this Web site is offered.

Service Contact

Contact the webmaster with any questions or problems regarding this Web site.

Liability Disclaimer

THE INFORMATION, 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.

General

This agreement 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 use.

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.