Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Hawai`i News Daily (hereinafter referred to as “HawaiiNewsDaily.com”), acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 17 years old.
- Disclaimer of Warranties. The Website is provided “as is”. HawaiiNewsDaily.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HawaiiNewsDaily.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will HawaiiNewsDaily.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HawaiiNewsDaily.com under this agreement during the twelve (12) month period prior to the cause of action. HawaiiNewsDaily.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless HawaiiNewsDaily.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between HawaiiNewsDaily.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HawaiiNewsDaily.com, or by the posting by HawaiiNewsDaily.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Hawaii, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hawaii. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.