Compliments of:
MililaniMauka.net
| Site Disclaimer |
 |
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE NEIGHBORHOOD SITE, OR ANY OTHER ASPECT OF THE MililaniMauka.net service.
1. Acceptance of Terms
MililaniMauka.net, in conjunction with a Sponsor or Sponsors, provides a collection of online resources, including an interactive neighborhood website (which includes classified ads,
community news, local real estate information and much more), (collectively referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by
MililaniMauka.net from time to time. You can review the most current version of the Terms at: http://www.MililaniMauka.net. By using the Service in any way, you are agreeing to comply with
these Terms and any updates hereto. In addition, when using particular MililaniMauka.net services, you agree to abide by any applicable posted guidelines for all such services, which may
change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with MililaniMauka.net
in any way, your only recourse is to immediately discontinue use of the Service.
2. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service.
While MililaniMauka.net does pre-screen resident-submitted Content before placing it on the site, neither MililaniMauka.net nor the Sponsor(s) takes on any obligation or duty with respect to
this Content. Neither MililaniMauka.net nor the Sponsor(s) controls the Content, nor are they responsible for Content made available through the Service. User acknowledges that by using the
Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the components of the Service and Content available
through the Service may contain links to other websites, which are completely independent of MililaniMa-uka.net. MililaniMauka.net and its Sponsor(s) make no representation or warranty as
to the accuracy, completeness or authenticity of the information contained in any such site. Linking to any other websites as part of the Service is done at your own risk. You agree that you
must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MililaniMauka.net or its Sponsor(s) be
liable in any way -for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You
acknowledge that MililaniMauka.net and its Sponsor(s) shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service,
for violating the letter or spirit of the Terms, the applicable guidelines or for any other reason.
3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify
MililaniMauka.net's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), MililaniMaukanet@yahoo.com
Copyright Agent
MililaniMauka.net
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you
are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
MililaniMauka.net's Agent will take the appropriate steps once it has received this information.
4. Privacy Policy and Information Disclosure
MililaniMauka.net has established a Privacy Policy to explain to users how its information is collected and used, click here to view our Privacy Policy. Your use of the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that MililaniMauka.net may, in its sole discretion, preserve or disclose your Content, as well as
your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal
safety of MililaniMauka.net, its users or the general public.
MililaniMauka.net, or people who post on the neighborhood site, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any
control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
4. Conduct
By way of example, and not as a limitation, you agree that MililaniMauka.net may remove Content or terminate your account, without notice, if MililaniMauka.net believes, in its sole
discretion, that you, have posted, emailed or otherwise made available Content:
* that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
* that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* that impersonates any person or entity, including, but not limited to, a MililaniMauka.net employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
* that includes personal or identifying information about another person without that person's explicit consent.
* that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
* that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships.
* that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
* that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the MILILANIMAUKA.NET site which are not designated for such purposes; or (2) emailed to
MILILANIMAUKA.NET users who have requested not to be contacted about other services, products or commercial interests.
* that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or
regulated by law
* that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
* that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
* that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for commercial or unlawful purposes;
* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service -- an exception is made for internet search engines (e.g. Google)
and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; or
* attempt to gain unauthorized access to MililaniMauka.net's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs
the functionality of, the Service or the MililaniMauka.net website.
5. Use of Service by Minors
MililaniMauka.net and its Sponsors are concerned about the safety and privacy of all of its users, particularly children. To that end, parents of children under the age of 13 who wish to allow
their children to access the Service must authorize that access. When you provide access to the Service to your child, you certify that you are at least 13 years old and that you are the legal
guardian of the child/children and that you give your child permission to access all of the Service. Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for you child.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to MililaniMauka.net email addresses or through MililaniMauka.net computer systems is expressly prohibited by these
Terms. Any unauthorized use of MililaniMauka.net computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and
Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. Limitations on Service
You acknowledge that MililaniMauka.net may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the
maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You
agree that MililaniMauka.net has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MililaniMauka.net
reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MililaniMauka.net shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
8. Termination of Service
You agree that MililaniMauka.net, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your
access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if
MililaniMauka.net believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that MililaniMauka.net shall not be liable to you or any third-party for any
termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
9. Interaction with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including requests for real estate or financial advice from a Sponsor, payment and delivery of goods
or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that
MililaniMauka.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or
between users and any third party, you understand and agree that MililaniMauka.net is under no obligation to become involved. In the event that you have a dispute with one or more other
users, you hereby release MililaniMauka.net its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
10. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the
collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not
to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any aspect of the Service.
Although MililaniMauka.net does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and
warrant that you have the right to grant, to MililaniMauka.net an irrevocable, perpetual, non-exclusive, fully paid, unrestricted, worldwide license to use, copy, perform, display, and distribute
said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. The foregoing
grants shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any
relevant jurisdiction.
11. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MililaniMauka.net AND THE SPONSOR EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT.
MililaniMauka.net AND THE SPONSOR MAKES NO WARRANTY THAT
(A) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE,
(D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR
(E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MililaniMauka.net AND THE SPONSOR MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO
YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SPONSOR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF SERVICE.
12. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall MililaniMauka.net, its customer or its affiliates be liable to you for any damages of any kind (including, but not
limited to, compensatory damages, lost profits, lost data or any form of special, incidental, indirect, consequential or punitive damages whether based on breach of contract or warranty, tort,
product liability or otherwise) that result from the use of, or the inability to use, this Service or the Content. You specifically acknowledge and agree that MililaniMauka.net is not liable for any
defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the MililaniMauka.net Service, or with any of MililaniMauka.net's terms and conditions, your sole and exclusive
remedy is to discontinue using the Service.
13. Indemnification
You agree to indemnify, defend and hold harmless MililaniMauka.net and the Sponsor from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees)
asserted by any third party due to or arising from or in connection with: (a) the Content you upload, submit, post, or transmit through the Service; (b) your use of the Service; (c) your
connection to the Service; (d) your violation of the Terms of Service, or (e) your violation of the rights of another. MililaniMauka.net and the Sponsor reserve the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
14. Changed Terms
MililaniMauka.net reserves the right at its discretion to change or modify these Terms and Conditions or to impose new conditions at any time. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be given by any lawful means including, without limitation, posting of such changes on this page.
15. Sponsor Trademarks
Among other things, the Sponsor's logo and name are trademarks of the Sponsor. You agree that you will not, without prior written permission, display or use in any manner these trademarks.
16. Miscellaneous
The Terms of Service constitute the entire agreement between you and the Sponsor and govern your use of the Service, superceding any prior agreements between you and the Sponsor.
This agreement shall be governed by and construed in accordance with the laws of the State of Hawaii without giving effect to any principles of conflicts of law. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of
any remaining provisions.
The failure of the Sponsor to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is
found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms
of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to
the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and
have no legal or contractual effect or significance.
17. Violations of Terms of Use
Please report any violations of the Terms of Service to MililaniMauka.net at the following address: MililaniMaukanet@yahoo.com
18. Feedback
Please provide any feedback regarding this Terms of Use to MililaniMauka.net at MililaniMaukanet@yahoo.com
1. Acceptance of Terms
MililaniMauka.net, in conjunction with a Sponsor or Sponsors, provides a collection of online resources, including an interactive neighborhood website (which includes classified ads,
community news, local real estate information and much more), (collectively referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by
MililaniMauka.net from time to time. You can review the most current version of the Terms at: http://www.MililaniMauka.net. By using the Service in any way, you are agreeing to comply with
these Terms and any updates hereto. In addition, when using particular MililaniMauka.net services, you agree to abide by any applicable posted guidelines for all such services, which may
change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with MililaniMauka.net
in any way, your only recourse is to immediately discontinue use of the Service.
2. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service.
While MililaniMauka.net does pre-screen resident-submitted Content before placing it on the site, neither MililaniMauka.net nor the Sponsor(s) takes on any obligation or duty with respect to
this Content. Neither MililaniMauka.net nor the Sponsor(s) controls the Content, nor are they responsible for Content made available through the Service. User acknowledges that by using the
Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the components of the Service and Content available
through the Service may contain links to other websites, which are completely independent of MililaniMa-uka.net. MililaniMauka.net and its Sponsor(s) make no representation or warranty as
to the accuracy, completeness or authenticity of the information contained in any such site. Linking to any other websites as part of the Service is done at your own risk. You agree that you
must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MililaniMauka.net or its Sponsor(s) be
liable in any way -for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You
acknowledge that MililaniMauka.net and its Sponsor(s) shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service,
for violating the letter or spirit of the Terms, the applicable guidelines or for any other reason.
3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify
MililaniMauka.net's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), MililaniMaukanet@yahoo.com
Copyright Agent
MililaniMauka.net
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you
are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
MililaniMauka.net's Agent will take the appropriate steps once it has received this information.
4. Privacy Policy and Information Disclosure
MililaniMauka.net has established a Privacy Policy to explain to users how its information is collected and used, click here to view our Privacy Policy. Your use of the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that MililaniMauka.net may, in its sole discretion, preserve or disclose your Content, as well as
your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal
safety of MililaniMauka.net, its users or the general public.
MililaniMauka.net, or people who post on the neighborhood site, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any
control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
4. Conduct
By way of example, and not as a limitation, you agree that MililaniMauka.net may remove Content or terminate your account, without notice, if MililaniMauka.net believes, in its sole
discretion, that you, have posted, emailed or otherwise made available Content:
* that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
* that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* that impersonates any person or entity, including, but not limited to, a MililaniMauka.net employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
* that includes personal or identifying information about another person without that person's explicit consent.
* that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
* that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships.
* that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
* that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the MILILANIMAUKA.NET site which are not designated for such purposes; or (2) emailed to
MILILANIMAUKA.NET users who have requested not to be contacted about other services, products or commercial interests.
* that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or
regulated by law
* that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
* that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
* that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for commercial or unlawful purposes;
* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service -- an exception is made for internet search engines (e.g. Google)
and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; or
* attempt to gain unauthorized access to MililaniMauka.net's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs
the functionality of, the Service or the MililaniMauka.net website.
5. Use of Service by Minors
MililaniMauka.net and its Sponsors are concerned about the safety and privacy of all of its users, particularly children. To that end, parents of children under the age of 13 who wish to allow
their children to access the Service must authorize that access. When you provide access to the Service to your child, you certify that you are at least 13 years old and that you are the legal
guardian of the child/children and that you give your child permission to access all of the Service. Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for you child.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to MililaniMauka.net email addresses or through MililaniMauka.net computer systems is expressly prohibited by these
Terms. Any unauthorized use of MililaniMauka.net computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and
Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. Limitations on Service
You acknowledge that MililaniMauka.net may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the
maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You
agree that MililaniMauka.net has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MililaniMauka.net
reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MililaniMauka.net shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
8. Termination of Service
You agree that MililaniMauka.net, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your
access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if
MililaniMauka.net believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that MililaniMauka.net shall not be liable to you or any third-party for any
termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
9. Interaction with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including requests for real estate or financial advice from a Sponsor, payment and delivery of goods
or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that
MililaniMauka.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or
between users and any third party, you understand and agree that MililaniMauka.net is under no obligation to become involved. In the event that you have a dispute with one or more other
users, you hereby release MililaniMauka.net its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
10. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the
collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not
to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any aspect of the Service.
Although MililaniMauka.net does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and
warrant that you have the right to grant, to MililaniMauka.net an irrevocable, perpetual, non-exclusive, fully paid, unrestricted, worldwide license to use, copy, perform, display, and distribute
said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. The foregoing
grants shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any
relevant jurisdiction.
11. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MililaniMauka.net AND THE SPONSOR EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT.
MililaniMauka.net AND THE SPONSOR MAKES NO WARRANTY THAT
(A) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE,
(D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR
(E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MililaniMauka.net AND THE SPONSOR MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO
YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SPONSOR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF SERVICE.
12. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall MililaniMauka.net, its customer or its affiliates be liable to you for any damages of any kind (including, but not
limited to, compensatory damages, lost profits, lost data or any form of special, incidental, indirect, consequential or punitive damages whether based on breach of contract or warranty, tort,
product liability or otherwise) that result from the use of, or the inability to use, this Service or the Content. You specifically acknowledge and agree that MililaniMauka.net is not liable for any
defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the MililaniMauka.net Service, or with any of MililaniMauka.net's terms and conditions, your sole and exclusive
remedy is to discontinue using the Service.
13. Indemnification
You agree to indemnify, defend and hold harmless MililaniMauka.net and the Sponsor from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees)
asserted by any third party due to or arising from or in connection with: (a) the Content you upload, submit, post, or transmit through the Service; (b) your use of the Service; (c) your
connection to the Service; (d) your violation of the Terms of Service, or (e) your violation of the rights of another. MililaniMauka.net and the Sponsor reserve the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
14. Changed Terms
MililaniMauka.net reserves the right at its discretion to change or modify these Terms and Conditions or to impose new conditions at any time. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be given by any lawful means including, without limitation, posting of such changes on this page.
15. Sponsor Trademarks
Among other things, the Sponsor's logo and name are trademarks of the Sponsor. You agree that you will not, without prior written permission, display or use in any manner these trademarks.
16. Miscellaneous
The Terms of Service constitute the entire agreement between you and the Sponsor and govern your use of the Service, superceding any prior agreements between you and the Sponsor.
This agreement shall be governed by and construed in accordance with the laws of the State of Hawaii without giving effect to any principles of conflicts of law. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of
any remaining provisions.
The failure of the Sponsor to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is
found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms
of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to
the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and
have no legal or contractual effect or significance.
17. Violations of Terms of Use
Please report any violations of the Terms of Service to MililaniMauka.net at the following address: MililaniMaukanet@yahoo.com
18. Feedback
Please provide any feedback regarding this Terms of Use to MililaniMauka.net at MililaniMaukanet@yahoo.com
for current & future residents of Mililani Mauka
