Welcome and thank you for visiting our website and reviewing our Terms and Conditions of Use. Kona Coast Shopping Center (hereafter "KCSC") makes our site, including all information, data, software, photographs, graphs, videos, typefaces, music, sounds, documents, catalogs, communications, files, text, graphics, computer aided designs, HTML code, source code, and any other code used to generate any portion of our website, and other material (collectively "Materials") available for your use subject to these Terms and Conditions of Use.
II. Acceptance of Terms and Conditions of Use
If you breach any of the Terms and Conditions of Use, your authorization to use our site automatically terminates, and any of the Materials downloaded or printed from our site must be immediately destroyed.
III. Contact Information
If you have questions about these Terms and Conditions of Use or your acceptance of them, please contact:
Colliers Monroe Friedlander
Phone: (808) 521-2611
IV. Privacy and Protection of Personal Information
V. Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Materials on our site are for your personal and non-commercial use. In the absence of KCSC's express prior written consent, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials obtained from our site.
VI. Ownership of Materials by KCSC
You acknowledge that our site contains Materials protected by copyright, trademark, trade secret, or other proprietary rights, and that these rights are valid and protected by KCSC in all forms, media, and technologies existing now or hereinafter developed. All Materials capable of copyright protection are copyrighted under the U.S. copyright laws, and KCSC owns a copyright in the selection, coordination, arrangement, and enhancement of such Materials. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Materials, in whole or in part. If no specific restrictions are displayed, you may make a single copy of select portions of the Materials, provided that the copies are made only for your personal use and that you maintain any notices contained in the Materials, such as copyright notices, trademark legends, or other proprietary rights notices. Except as permitted in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Materials protected by copyright, or other proprietary rights, without obtaining express advance written permission of KCSC or the owner of the copyright or other proprietary right.
Unless otherwise stated, graphics, logos, service marks, and trade names on our website are owned and protected by KCSC under federal trademark law or common law and may not be used in connection with any product or service that is not KCSC's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages, dilutes, or discredits KCSC. Any graphics, logos, service marks, or trade names not owned by KCSC that appear on our site are the property of their respective owners.
Nothing contained on our site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Materials without the written permission of KCSC.
VII. Notice and Procedure for Making Claims of Copyright Infringement
The following provisions are made pursuant to Title 17, United States Code, Section 512(c)(2).
KCSC respects the intellectual property of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on our site, please provide KCSC's Copyright Agent (provided below) a Notice containing the following elements:
Colliers Monroe Friedlander
KCSC's Copyright Agent should be contacted only if you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on our site. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE ANSWERED. Such inquires should be directed to the contact person provided above under Section III.
If a third party has wrongfully filed a copyright infringement Notice with KCSC against you, and your access to the allegedly infringing material has been disabled, you have the right to provide our Copyright Agent with a Counter Notification. A Counter Notification must include the following elements:
You agree to use our website only for lawful purposes. Unacceptable uses of our site include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements, other content, or Materials that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software, other content, or Material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software, other content, or Material in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting, or attempting to gain unauthorized access to other accounts on our site or any other computer network; (vii) disseminating or transmitting viruses, worms, trojan horses, time bombs, cancelbots, or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by KCSC to be in conflict with the spirit or intent of our site.
IX. Links to Other Websites
X. Disclaimer of Warranties, Limitation of Liability, and Indemnification
OUR SITE IS PROVIDED BY KCSC ON AN "AS IS" AND "AS AVAILABLE" BASIS. KCSC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KCSC OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE OR IN A CONTRACT FOR THE PURCHASE OF KCSC PRODUCTS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KCSC DISCLAIMS ALL WARRANTIES RELATED TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT OR MATERIALS ON IT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KCSC DOES NOT WARRANT THAT OUR SITE, ITS SERVERS, MATERIALS, OR E-MAIL SENT FROM KCSC ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. WARRANTIES FOR PRODUCTS PURCHASED FROM KCSC ARE COVERED UNDER SEPARATE CONTRACT AND ARE AVAILABLE TO THE CUSTOMER AT THE TIME OF PURCHASE.
B. Limitation of Liability
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL KCSC, ITS OFFICERS, DIRECTORS, PARTNERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, OR SUPPLIERS 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 PROFITS, WHETHER OR NOT KCSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE OUR SITE OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH OUR SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM OUR SITE.
OUR SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. KCSC MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT OUR SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE TO ANY VISITOR. THE MATERIALS OR SERVICES AT OUR SITE MAY BE OUT OF DATE, AND KCSC MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH OUR 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, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. KCSC ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS, WORM, OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM OUR SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH OUR SITE. KCSC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, some of the limitations and exclusions set forth above may not apply to you.
YOU AGREE TO INDEMNIFY AND HOLD KCSC, AND ITS OFFICERS, DIRECTORS, PARTNERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, AND SUPPLIERS, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS AND CONDITIONS OF USE OF OUR SITE.
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions of Use, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.
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 or any interpretation thereof.
These Terms and Conditions of Use are effective until terminated by either party. You may terminate these Terms and Conditions of Use at any time by discontinuing use of our website and destroying all Materials obtained from our site and all copies thereof, whether made under these Terms and Conditions of Use or otherwise. YOUR ACCESS TO OUR WEBSITE MAY BE TERMINATED IMMEDIATELY WITHOUT NOTICE FROM KCSC IF IN OUR SOLE DISCRETION YOU FAIL TO COMPLY WITH ANY TERM, CONDITION, OR PROVISION OF THESE TERMS AND CONDITIONS OF USE, OR IF KCSC BELIEVES, IN ITS SOLE DISCRETION, THAT YOUR USE IS IN VIOLATION OF ANY APPLICABLE LAW, INHIBITS OR RESTRICTS THE ABILITY OF OTHER USERS TO USE OR ENJOY OUR SITE, OR OTHERWISE CONSTITUTES AN UNACCEPTABLE USE OF OUR SITE. Upon termination, you must cease use of our website and destroy all Materials obtained from our site and all copies thereof, whether made under these Terms and Conditions of Use or otherwise.
Your right to use our site is NOT transferable.
XV. Applicable Law
XVI. International Users
KCSC reserves the right to monitor all network traffic to our site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to our site in any fashion. Anyone using our site expressly consents to such monitoring by using our site.
DATE LAST MODIFIED: MAY 20, 2003
©2003 All rights reserved. Kona Coast Shopping Center.