TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. YOUR CONTINUED USE OF THIS SITE MEANS THAT YOU ACCEPT ALL AMENDMENTS TO THESE TERMS OF USE.
Welcome to GreenFleet Hawaii, provided by GreenFleet Hawaii, LLC. These Terms of Use (the “Terms”) and any amendments thereto (the "Terms") govern your use of this website and its related domains on which this document appears (collectively, the “Site”). The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site.
PRIVACY POLICY
Please see our Privacy Policy for detailed information about our privacy practices.
LIMITATIONS ON LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
ALTHOUGH GREENFLEET HAWAII STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, GREENFLEET HAWAII DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, GREENFLEET HAWAII DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
GREENFLEET HAWAII DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT TRANSMISSIONS OF INFORMATION TO OR THROUGH THIS SITE WILL BE SECURE OR WILL NOT BE INTERCEPTED BY A THIRD PARTY.
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL GREENFLEET HAWAII OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT OR SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF GREENFLEET HAWAII OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GREENFLEET HAWAII’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GREENFLEET HAWAII FOR ANY PRODUCTS OR SERVICES SUPPLIED BY GREENFLEET HAWAII THROUGH YOUR USE OF THE SITE.
GreenFleet Hawaii will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The terms of this section shall survive any termination of the Terms.
COPYRIGHT & TRADEMARKS
All Site materials, including, without limitation, the GreenFleet Hawaii logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © 2009 GreenFleet Hawaii, LLC. ALL RIGHTS RESERVED. GreenFleet Hawaii owns and retains other proprietary rights in all products and services available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of GreenFleet Hawaii or the respective copyright owner. Permission is granted to display, copy, and download the materials on this Site for your personal, noncommercial, and informational use only; provided that you may not, without the permission of GreenFleet Hawaii or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (b) the collection and use of any product or service listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, or otherwise in or under any patent, trademark, copyright, or proprietary right of GreenFleet Hawaii or any third party.
USER CONDUCT
In using this Site, you agree:
* Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
* Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
* Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
* Not to use, frame, or utilize framing techniques to enclose any GreenFleet Hawaii trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without GreenFleet Hawaii’s express written consent;
* Not to use meta tags or any other "hidden text" utilizing a GreenFleet Hawaii name, trademark, product name, or service name without GreenFleet Hawaii’s express written consent;
* Not to deeplink to this Site without GreenFleet Hawaii’s express written consent;
* Not to create or use a false identity on this Site;
* Not to collect or store personal data about others;
* Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and
* Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually explicit, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material on the Site unless the copyright is owned by you or by GreenFleet Hawaii.
In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
INDEMNIFICATAION
You agree to indemnify and hold harmless GreenFleet Hawaii, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
The terms of this section shall survive any termination of the Terms.
CHANGES TO THE SITE
GreenFleet Hawaii may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products or services available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that GreenFleet Hawaii shall not be liable therefor.
LINKS TO THIRD PARTY WEBSITES
This Site contains hypertext links to other websites that are maintained by and under the control of third parties (the “Linked Websites”). GreenFleet Hawaii 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 GreenFleet Hawaii 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 GreenFleet Hawaii 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. If you find a broken hyperlink, please let us know using the form located at http://www.greenfleethawaii.com/contact.html.
TERMINATION
Notwithstanding any of these Terms, GreenFleet Hawaii reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that GreenFleet Hawaii shall not be liable for any termination of your use of or access to the Site.
GENERAL
The Terms constitute the entire agreement between GreenFleet Hawaii and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statute of limitations to the contrary. Any failure by GreenFleet Hawaii to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and GreenFleet Hawaii, and you do not have any authority to create any obligation or make any representation on GreenFleet Hawaii' behalf. You may not assign this agreement, by operation of law or otherwise, without GreenFleet Hawaii' written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and GreenFleet Hawaii and their respective successors and assigns.
These Terms and their 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 the Site and your compliance with these Terms.
The terms of this section shall survive any termination of the Terms.
Contact Us
If you have any questions or comments, please contact us through the form located at http://www.greenfleethawaii.com/contact.html.
Mahalo!