July 2009 | aloha-hawaii.com:

Terms and Conditions

Please read the following Terms and Conditions carefully before using this website. Your use of this website is expressly conditioned on your acceptance of these terms and conditions without any modifications. Your use of the website, aloha-hawaii.com constitutes your acceptance of all the terms and conditions set forth herein. If you do not agree with any part of the following terms and conditions, do not use this website.

Definitions

Any use herein of the terms "AFH", "Aloha from Hawaii", "Aloha-Hawaii.com", "Media-HI" or "website" refers to all publicly accessible webpages that are identified with and under the control of Aloha From Hawaii.

Terms "AFH," "us," "our," "we," and any variation thereof refer to the webistes Searh-Hawaii.com and Aloha-Hawaii.com and may include independent contractors who operate portions of these websites on our behalf.

Ownership Notice

Unless otherwise noted, this website and all of the materials contained herein, including the HTML code, source code, and any other code used to generate any portion of this website, are the copyrighted property of AFH and Media-HI, Inc. or of third parties who have licensed AFH to use their property. None of the content or data found on this website may be reproduced, distributed, sold, transferred, or modified without the express written permission of AFH provided, however, that users may reproduce a single copy of any webpage for their personal use. In addition, the trademarks, logos, and service marks displayed on this website (collectively the "Trademarks") are registered and common law trademarks of AFH and/or third party service providers. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of AFH and/or the appropriate third party service providers.

No Unlawful or Prohibited Use

As a condition of your use of this website, you agree that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. Actions that you agree not to take include, but are not limited to: (1) taking or attempting to take any action that grants you access to the website to an extent greater than authorized by AFH; (2) taking or attempting to take any action that results in an unauthorized modification, addition, or deletion to the website; (3) taking or attempting to take any action that violates the security of the website; (4) taking or attempting to take any action that would impose an unreasonable or excessively large load on the website's infrastructure; and (5) knowingly providing false or misleading information to AFH.

Personal and Non-Commercial Use Limitation

This website is strictly for your personal use. In the absence of AFH's express prior written consent, you may not modify, copy, transmit, distribute, display, publish, or reproduce this website or any part thereof for any purpose other than your own personal and non-commercial use.

Privacy Policy

Please review our Privacy Policy for a discussion of what personal information we collect, what we do with this information, and how we keep it safe.

Children

AFH believes that it is extremely important to protect children's personal information. As a result, no one under the age of 16 is allowed to use any features of this website that result in our actively collecting personal information. By using any such features, you represent that you are age 16 or older.

Links to Third Party Websites

This website contains hypertext links to other websites that are maintained by and under the control of third parties (the "Linked Websites"). AFH is not responsible for, and makes no representation or warranty regarding, the content or accuracy of any of the Linked Websites. The inclusion of a link does not mean that AFH endorses, has reviewed, or approves of the Linked Website or the individuals and/or organizations responsible for the Linked Website. These hypertext links are provided as a convenience only, and AFH is not responsible for any content that can be accessed through a hypertext link. If you access a Linked Website, you do so at your own risk. Any questions that you have about one of the Linked Websites should be directed to the individuals and/or organizations responsible for that website.

The Internet is a distributed network of millions of computers. Although we attempt to verify all links on a regular basis, there is a possibility that the particular server that you are attempting to link to is not currently operational. Please contact us using our online form to let us know about a broken hyperlink.

Bookmarking and Linking to Our Website

Individuals may, for personal, non-commercial use only, bookmark or point to any page within AFH's website.

Other users/websites MAY: (1) include a link to AFH's website by pointing to the website's home page at http://www.aloha-hawaii.com; and (2) link to AFH's major sub-category pages (e.g. Maui, Molokai, Kauai, etc.), provided that it is made clear that the information is being provided by AFH.

Other users/websites MAY NOT without AFH's express written consent: (1) point or link from a website directly to content within AFH's website other than by pointing or linking to http://www.aloha-hawaii.com or one of the major sub-category pages as provided above,; (2) copy, modify, or display AFH's name, logo, text, or graphic images in any way; or (3) redeliver any of the pages/text/images/content of AFH's website using "framing" technology.

Disclaimer of Warranty and Limitation of Liability

AFH makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, and accuracy of the information, products, services, related graphics, and all other content found on this website. All such information, products, services, related graphics, and all other content found on this website are provided "as is" without any kind of warranty. AFH hereby disclaims all warranties and conditions with regard to such information, products, services, related graphics, and all other content found on this website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

In no event shall AFH be liable for any direct, indirect, punitive, incidental, special, consequential, or any other type of damages arising out of or in any way related to the use or performance of AFH's website, the provision of or failure to provide services, or for any information, products, services, related graphics, and other materials obtained through AFH's website, or otherwise arising out of the use of AFH's website, whether based on contract, tort, negligence, strict liability, or otherwise, even if AFH has been advised of the possibility of such damages.

Please note that because some states/jurisdictions do not allow the disclaimer of certain warranties and/or the exclusion or limitation of liability for certain types of damages, some of the preceding disclaimer, exclusion, and limitation may not apply to you. In such event, please see the section below entitled "Restriction on Use Based on Location."

Amendments to These Terms and Conditions of Use

From time to time, it may be necessary for AFH to amend these Terms and Conditions of Use. You are responsible for regularly reviewing these Terms and Conditions of Use so that you will be aware of any changes. Please note that your continued use of this website means that you accept the amendments to these Terms and Conditions of Use.

Governing Law

This agreement and its performance are governed by the laws of the State of Hawaii and the United States of America without regard to any conflicts of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the City & County of Honolulu, State of Hawaii, United States of America, for all disputes and issues regarding your use of this website and your compliance with these Terms and Conditions of Use.

Restriction on Use Based on Location

Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use.

Accessing the Website in Countries Other Than the United States

AFH makes no claims regarding the legality of viewing or downloading the content of this website in any country other than the United States. Anyone who accesses this website in a country other than the United States does so at his or her own risk.

Violation of These Terms and Conditions of Use

If AFH determines that you have violated any provision of these Terms and Conditions of Use, AFH has the right, in its sole discretion, to pursue any and all of its legal remedies.

Indemnification

You agree to defend, indemnify, and hold harmless AFH, and its officers, directors, employees, and agents from and against any and all claims arising from your use of the website.

Severability

If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms and Conditions of Use will remain unaffected.

Headings

The headings in these Terms and Conditions of Use are included solely for convenience and will not limit or otherwise affect these Terms and Conditions of Use.

Entire Agreement

These Terms and Conditions of Use and any other policies and/or guidelines referred to herein constitute the entire agreement between you and AFH regarding this website, and supersede all other prior or concurrent oral or written letters, agreements, or understandings related to this website.

Contact Us

If you have any questions or comments, we can be contacted by using our online form, by telephone at 808-538-0330, or postal mail at P.O. Box 37463, Honolulu, Hawaii, USA 96837.

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