(Effective as of February 2017)
- Acceptance of Terms
- Additional Terms
- Changes to the Terms
- Use of Account
- Fees and Payment
- Links To Other Web Sites
- Ownership of Content
- Limitations on Use of Content
- Confidential Information
- Limitation of Liability & Indemnification
- Grounds for Termination
- No Right to Service Upon Termination
- International Use
- No Resale Right
- Force Majeure
- Governing Law
- Savings Clause
Please read these Terms carefully.
These Terms apply to all visitors, users and others who access or use the Site or Services. By accessing or using the Site or Services you agree to be bound by these Terms. If you do not wish to be bound by these terms, please exit the Site. Your sole remedy for dissatisfaction with this Site or Services available on this Site, or these terms is to cease using the Site and/or those particular Services.
A Service may have additional terms in addition to these Terms. In the event a Service's specific terms conflict with these Terms, the Service's specific terms control.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time with or without notice. You acknowledge and agree that it is your responsibility to periodically review these Terms. Your continued use of the Service after such modifications will constitute acknowledgement and acceptance of the modified Terms.
All information used to create your account must be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
You are solely responsible for maintaining the confidentiality of your username and password. You are responsible for all activities, charges, and liabilities associated with your account.
You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of any fees associated with such access).
Fees. If you choose to purchase one or more of the Services provided on our Site, you agree to pay all fees associated with the Services.
Payments for Services may be processed either by the City or by a third-party Provider.
If the City processes payment, you agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number.
If a third party provider processes payment, terms will be specified for that particular Service.
Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may, at our option, suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Use of the Services is without warranties of any kind. The City disclaim representations or warranties, express or implied, nor assume any responsibility in the use of the Service or its contents for its accuracy, completeness, currency, its use for any general or particular purpose, or any results to be intended to be achieved by its use, nor that such items or use of such items would not violate or infringe upon rights of others.
The City, its agencies, officers, or employees, are not liable for the inability to access and/or use the Site or Services. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Site are provided "AS IS."
The City, its agencies, officers, or employees, are not liable for any and all damages, including viruses, damage to hardware, software or computer systems or networks, for using, viewing, distributing or copying of materials from the Service made available to the public, including indirect, special, incidental, or consequential damages, even if advised of the possibility of such damages.
The City is not responsible for compensation, reimbursement, or cost related to communication with its users.
The City is not responsible for timeliness, deletion, misdirected communication, or failure to store any user communications or personalization settings of any form.
Any reference in Site or Service to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the City.
ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Our Service may contain links to third-party web sites or services ("3P Services") that are not owned or controlled by the City and County of Honolulu.
The City and County of Honolulu has no control over, and assumes no responsibility for the content, privacy policies, or practices of any 3P Services. You further acknowledge and agree that the City shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any 3P Services. YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY THE CITY.
We strongly advise you to read the terms and conditions and privacy policies of any 3P Services that you visit.
By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of the City or its third-party content providers.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the City or its third-party content providers. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of the City or its third-party content providers.
Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys' fees that may arise from your use or misuse of this Site or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We reserve the right to terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site and/or Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site and Services, and reporting you to the proper authorities, if necessary.
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Site will immediately cease. All other Terms, as well as your liability for any unpaid fees, shall survive any termination. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
All notices shall be sent to point of contact listed in the “Contact Us” section of the website or mobile application. You agree to allow us to submit notices to you either through the email address or via text to the cell phone number provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under of these Terms.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
This Site (excluding any Third Party websites) is controlled by us from our offices in the State of Hawaii, United States of America and the statutes and laws of the State of Hawaii, United States of America shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the First Circuit Court of the State of Hawaii or the U.S. District Court for the District of Hawaii with respect to such matters controlled by that court.
These Terms shall be governed and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and Service, and supersede and replace any prior agreements we might have between us regarding the Site and Service.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.