|
TERMS
OF SERVICE
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| Acceptance of Terms |
| Welcome to SITE DEVELOPER. The on-line resources, content, and all other material, information, products and services offered on or accessible through any page of the SITE DEVELOPER (hereinafter "SD") web site, including without limitation hyperlinks, programming, online forums, and personalized content (collectively, the "Services") provided by or through SD are made subject to binding legal terms set forth below ("Terms"). We may update these Terms from time to time without giving you notice. Unless we give notice, any new features or updated Services that we put on the Site will be subject to these Terms. In any case where additional Terms relating to any products or services offered or delivered through the SD Site conflict with these Terms, those additional Terms shall supercede these Terms to the extent of the conflict. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE. |
| Services Description |
|
SITE DEVELOPER provides users access to a collection of on-line resources, including various content sources and personalized content. The SD Site does not control the content posted on web sites to which it provides links and as such does not guarantee the accuracy, integrity or quality of such content. SD may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. SD makes no representations concerning any effort to review the content of sites listed in automated search results, other directories or any sites linked to the SD Site. SD shall not be held responsible for the accuracy, infringement or misappropriation of any intellectual property rights, legality, or decency of material contained in any external sites or linked to the SD Site or provided to the SD Site by third parties. You acknowledge and agree that SD is not held responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, advertising or other materials on or available from such sites or resources. You acknowledge and agree that SD is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any such site or resource. You acknowledge and agree that the Services are provided "AS-IS" and that SD assumes no responsibility for the timeliness, deletion, undelivered, or failure to store any user communications or personal customized settings. In order to use
the Services, you need Internet access. You also need equipment to access
the Services, including computer, modem and other devices. You agree
to pay for Internet access and the equipment needed, and SD is not responsible
for any of these costs. |
| Registration |
| When you sign up
to use SD, you will be asked to give us some information about yourself.
During the registration process you agree to provide information about
yourself that is true, accurate, current and complete as prompted by the
Services registration form and to update this information when it changes.
If you do not update your information, we reserve the right to suspend
or terminate your use of the Services (or portion thereof). Any personal
information that you provide to us is subject to the terms of our privacy
policy. |
| Parental Controls |
| Certain material
available on the Internet is not appropriate for minors. To prevent or
limit your children's access to such materials, a number of parental computer
and/or Internet management tools (such as computer software or filtering
services) are commercially available. |
| Member Account, Password and Security |
| When providing a
password and account designation for certain services, you are solely
responsible for maintaining the confidentiality of your password and account.
You agree to keep this information confidential. You are completely responsible
for activities regarding your account and password. You agree to notify
SD immediately if you notice unauthorized use of your password or account
or any other breach of security. You understand that we are not responsible
in any way, and will not be liable to you or to any third person, if you
do not comply with the terms of this paragraph. |
| Membership Conduct |
|
You understand that all publicly posted or privately transmitted items, including information, text, data, software, music, sounds, music, photographs, graphics, video, messages, or other materials ("Content"), are the sole responsibility of person or organization from which such Content originated. You, and not SD, are entirely responsible for all Content that you upload, post, email, copy or print via these Service. You agree to not use this Service to: a. Upload, copy, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. |
| Indemnity |
| You understand that
you are personally responsible for your behavior while on the Site, and
agree to indemnify and hold SITE DEVELOPER, subsidiaries, affiliates,
and their officers, directors, employees, and agents harmless from and
against any loss, damage, liability, cost or expense of any kind (including
attorneys' fees) that we may incur in connection with a third party claim
or otherwise, in relation to your use of the Services or access to the
Site, or your violation of either these Terms or the rights of any third
party. |
| No Resale of Service |
| You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to
the Service. |
| Disclaimer of Warranties |
|
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
|
| Limitations
of Liability |
| YOU EXPRESSLY UNDERSTAND
AND AGREE THAT SITE DEVELOPER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF SITE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. |
| Exclusions And Limitations |
| SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF "DISCLAIMER OF WARRANTIES"
AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU. |
| Violations of Terms and Conditions |
|
Should you violate these Terms and Conditions or any other rights of SD, SDreserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the SD Site web pages. If SD should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
SITE DEVELOPER Attn: Legal PO Box 700 Waimanalo, HI 96795 webmaster@sitedeveloper.ws |