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Terms
of Use – Island of Hawaii MSR Web site
LEGAL NOTICE AND TERMS
OF USE
Welcome to the Web site of the Island of Hawaii MSRI Partnership (“MSRIP”) sponsored
by Hawaii Electric Light Company, Inc. (HELCO). Your use of this Web site constitutes
your agreement to be bound by this legal notice and terms of use, MSRIP’s privacy
policy and other applicable terms of use.
Proprietary Rights
The photographs used in this Web site are the property of HELCO, MSRIP or others
that have allowed their use for inclusion on this Web site only.
Usage Restrictions
MSRIP created and maintains this Web site as a public information service. MSRIP
authorizes you to copy and display the content of this Web site for your personal,
noncommercial, informational use only. You may not distribute, publish, transmit,
modify, create derivative works from, or in any way exploit any of the content,
in whole or in part, for any purpose. Except as expressly authorized in this paragraph,
you are not being granted a license under any copyright, trademark, service mark,
patent or other intellectual property or proprietary right in the content. Under
no circumstances will you obtain any rights in the products, services, processes
or technology described in the content. The current owners retain all rights.
Information Provided by You
Any information communicated to MSRIP through this site is the exclusive property
of MSRIP. MSRIP and its members are entitled to use any information submitted
for any legal purpose consistent with the terms of the MSRIP privacy policy without
restriction or compensation to the person sending the submission. You acknowledge
the originality of any submission communicated to MSRIP and accept responsibility
for its accuracy, appropriateness and legality.
User Conduct
You understand that by using this Web site, you may be exposed to content that
you may consider offensive, indecent or objectionable. Under no circumstances
will MSRIP or its members be liable in any way for any content, including, but
not limited to, any errors or omissions in any content, or for any loss or damage
of any kind incurred as a result of the use of any content posted, emailed, transmitted
or otherwise made available via this Web site. You agree to not use this Web site
to:
| a. |
Upload, post, email, transmit
or otherwise make available any content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise objectionable |
| b. |
Harm minors in any way |
| c. |
Impersonate any person
or entity, including, but not limited to, MSRIP or its members, a forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation with
a person or entity |
| d. |
Forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content transmitted
through this Web site |
| e. |
Upload, post, email, transmit
or otherwise make available any content that you do not have a right to make available
under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements) |
| f. |
Upload, post, email, transmit
or otherwise make available any content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party |
| g. |
Upload, post, email, transmit
or otherwise make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other
form of solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose |
| h. |
Upload, post, email, transmit
or otherwise make available any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications equipment |
| i. |
Disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than other users of this Web site
are able to type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges |
| j. |
Interfere with or disrupt
this Web site or servers or networks connected to this Web site, or disobey any
requirements, procedures, policies or regulations of networks connected to this
Web site |
| k. |
Intentionally or unintentionally
violate any applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law |
| l. |
"Stalk" or otherwise harass
another |
| m. |
Collect or store personal
data about other users |
You acknowledge that MSRIP
does not pre-screen content, but that MSRIP shall have the right (but not the
obligation) in their sole discretion to refuse or move any content that is available
via this Web site. Without limiting the foregoing, MSRIP shall have the right
to remove any content that violates this legal notice and terms of use or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any content, including any reliance on the accuracy, completeness,
or usefulness of such content. In this regard, you acknowledge that you many not
rely on any content created by or submitted to HELCO or MSRIP residing on this
Web site.
You acknowledge and agree that HELCO and MSRIP may preserve content and may also
disclose content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce this legal notice and terms of use; (c) respond to claims
that any content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of MSRIP or its members, other users or the public.
You understand that the technical processing and transmission of the content of
this Web site may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
Dealings with Advertisers or Information Providers
Your correspondence or business dealings with advertisers or providers of information
found on or through this Web site, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser or information
provider. You agree that MSRIP and its members shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers or information providers
on or through this Web site.
Links to Other Sites
Some of the sites listed as links in this site are not under the control of MSRIP
and so we make no representations whatsoever concerning the content of those sites.
MSRIP is not responsible for the content of any Web sites linked to our site or
for the terms of use or privacy practices employed by those other sites. References
in this Web site to names, marks, products or services of third parties or hypertext
links to third-party Web sites or information do not constitute or imply MSRIP
endorsement, sponsorship or recommendation of the third party or its products
and services.
Disclaimer of Warranties
Although we believe the content of this Web site to be accurate, complete and
current, we make no warranty as to the accuracy, completeness or currency of the
content. The content of this site may contain technical inaccuracies or typographical
errors. It is your responsibility to verify any information before relying on
it; we are not responsible for any reliance you may place on the content. MSRIP
may make changes to the content and the products, services and programs described
in the content at any time without notice.
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
| a. |
YOUR USE OF THIS WEB SITE
IS AT YOUR SOLE RISK. |
| b. |
THE CONTENT OF THIS WEB
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MSRIP EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY,
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE OR
ABSENCE OF VIRUSES. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM
THE USE OF OUR WEB SITE.
HELCO and MSRIP MAKE NO WARRANTY THAT (i) THE CONTENT OF THIS WEB SITE WILL MEET
YOUR REQUIREMENTS, (ii) THE USE OF THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THIS WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THIS WEB SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSRIP OR ITS MEMBERS THROUGH OR
FROM THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS LEGAL
NOTICE. |
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MSRIP AND ITS MEMBERS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF MSRIP OR ITS MEMBERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THIS WEB SITE OR ITS CONTENTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THIS WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THIS WEB
SITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEB SITE.
Modification
MSRIP may supplement these terms at any time. You may want to visit this Web site
periodically to determine the current terms to which you are bound.
Indemnity
You agree to indemnify and hold harmless MSRIP, its members, and MSRIP’s and its
members’ respective parents, subsidiaries, affiliates, partners, officers, agents,
co-branders and assigns harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of content you
submit, post, transmit or make available through this Web site, your use of or
connection to this Web site, your violation of this legal notice and terms of
use, or your violation of any rights of another.
General Information
These terms are governed and interpreted according to the laws of the State of
Hawaii, United States of America, notwithstanding any principles of conflicts
of law. You, and MSRIP agree to submit to the personal and exclusive jurisdiction
of the courts located within the State of Hawaii with respect to any suit or claim
relating to this Web site. The failure of MSRIP to exercise or enforce any right
or provision of this legal notice and terms of use shall not constitute a waiver
of such right or provision. If any part of these terms is unenforceable, that
part will be deemed severable and will not affect the validity and enforceability
of remaining provisions. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of this
Web site or its content must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Note
The Island of Hawaii MSR Web site is provided as a public service. The Web site
is dynamic and will change over time without notice, being updated as time and
resources permit. Any errors, problems, questions, or suggestions should be forwarded
to pmoore@hei.com.
Terms
and Conditions and Privacy Policy
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