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Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 4/23/2008
This Terms of Use Agreement sets forth the standards of use of the Kealakekua Hale
Online Service. By using the Kealakekua Hale / kealakekuahale.com website you (the
“User”) agree to these terms and conditions. If you do not agree to the terms and
conditions of this agreement, you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or update the terms and conditions
of this agreement without prior notice. Modifications shall become effective immediately
upon being posted at Kealakekua Hale / kealakekuahale.com website. Your continued
use of the Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in this paragraph,
this Agreement may not be amended.
1. Description of Service
Kealakekua Hale is providing Users with website access and vacation home rental.
User must provide (1) all equipment necessary for their own Internet connection,
including computer and modem and (2) provide for User’s access to the Internet,
and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Kealakekua Hale on an “as is” and on an “as available” basis.
To the fullest extent permitted by applicable law, Kealakekua Hale makes no representations
or warranties of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy, reliability, or otherwise.
Kealakekua Hale shall have no liability for any interruptions in the use of this
Website. Kealakekua Hale disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion
of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Kealakekua Hale SHALL NOT be liable for any damages whatsoever, and in particular
Kealakekua Hale shall not be liable for any special, indirect, consequential, or
incidental damages, or damages for lost profits, loss of revenue, or loss of use,
arising out of or related to this web site or the information contained in it, whether
such damages arise in contract, negligence, tort, under statute, in equity, at law,
or otherwise, even if Kealakekua Hale has been advised of the possibility of such
damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS
IS INAPPLICABLE.
4. Indemnification
User agrees to indemnify and hold Kealakekua Hale, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out of User’s
use of the Service, the violation of this Agreement, or infringement by User, or
other user of the Service using Member’s computer, of any intellectual property
or any other right of any person or entity.
5. Modifications and Interruption to Service
Kealakekua Hale reserves the right to modify or discontinue the Service with or
without notice to the User. Kealakekua Hale shall not be liable to Member or any
third party should Kealakekua Hale exercise its right to modify or discontinue the
Service. User acknowledges and accepts that Kealakekua Hale does not guarantee continuous,
uninterrupted or secure access to our website and operation of our website may be
interfered with or adversely affected by numerous factors or circumstances outside
of our control.
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