Terms & Conditions for Ka Wa Mamua

Please read the following Terms and Conditions of Use 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 this website 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, you should not use this website.

Definitions

Any use herein of the terms “KA WA MAMUA’s website” or just “website” refers to all publicly accessible webpages that are identified with and under the control of KA WA MAMUA.

Terms “KA WA MAMUA”, “us”, “our”, “we” and any variation thereof refer to the Ka Wa Mamua and may include independent contractors who operate portions of the KA WA MAMUA website on KA WA MAMUA’s 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 KA WA MAMUA or of third parties who have licensed KA WA MAMUA to use their property. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred or modified without the express written permission of KA WA MAMUA with the exception 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 KA WA MAMUA 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 KA WA MAMUA 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 KA WA MAMUA; (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 KA WA MAMUA.

Personal and Non-Commercial Use Limitation

This website is strictly for your personal and non-commercial use. In the absence of KA WA MAMUA’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.

Diacritical Markings

This site does not include diacritical markings for Hawaiian words because not all computers are able to reproduce these markings or true fonts in normal text.

Content We Host

You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabelled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.

Our content is for general informational purposes only: Although we host a great deal of information that pertains to client’s experience, this content is presented for general informational purposes only.

Content Available through the Services

Provided as-is: You acknowledge that Ka Wa Mamua does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Ka Wa Mamua liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

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”). KA WA MAMUA 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 KA WA MAMUA 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 KA WA MAMUA 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 e-mail us at insert email id 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 KA WA MAMUA’s website.

Other users/websites MAY: (1) include a link to KA WA MAMUA’s website by pointing to the website’s home page at Ka Wa Mamua; and (2) link to KA WA MAMUA’s major subcategory pages, provided that it is made clear that the information is being provided by KA WA MAMUA.

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

Disclaimer of Warranty and Limitation of Liability

KA WA MAMUA 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. KA WA MAMUA 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 KA WA MAMUA 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 KA WA MAMUA’s website, the provision of or failure to provide services, or for any information, products, services, related graphics, and other materials obtained through KA WA MAMUA’s website, or otherwise arising out of the use of KA WA MAMUA’s website, whether based on contract, tort, negligence, strict liability, or otherwise, even if KA WA MAMUA 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 KA WA MAMUA 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

KA WA MAMUA 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 KA WA MAMUA determines that you have violated any provision of these Terms and Conditions of Use, KA WA MAMUA 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 KA WA MAMUA, 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 KA WA MAMUA regarding this website, and supersede all other prior or concurrent oral or written letters, agreements, or understandings related to this website.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that material available on our site infringes upon your copyright(s), please notify us at include email id here. Upon receipt of a valid and complete notice, we will remove the infringing material.