Terms of Use
Fyndhawaii is a Service that provides travel and entertainment bargains via short messages, Twitter and other electronic means. When you (collectively, you, users, businesses) use our service, you acknowledge automatically that you have read and understood the Fyndhawaii service Terms of Use. Fyndhawaii reserves the right, at our sole discretion, to modify, add, or delete portions of these Terms of Use at any time without notice. Changes to these Terms of Use will be posted on this page. Continued use of the Service after any such changes constitutes acceptance of the new or modified Terms of Use. If you don't agree with the Terms of Service, don't use the service.
PAY ATTENTION. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AS WELL AS EXCLUSIONS AND DISPUTE RESOLUTION.
Registration Data; Account Security
a) If you wish to use Fyndhawaii, you agree to- provide accurate, current and complete information for any registration forms on the Service ("Registration Data");
- keep your password and user name a secret;
- update as needed the Registration Data, and any other information you provide to Fyndhawaii, to keep it accurate, current and complete;
- accept full responsibility for all users and uses of your account and for any actions that take place using your account.
FOR BUSINESSES POSTING CONTENT ON FYNDHAWAII
Any use of the site constitutes an acknowledgement that all text, messages, images, postings or other items ("Content") are your sole responsibility of the person or business entity posting such Content originated. Business users acknowledge that FyndHawaii does not control Content going onto the site and Fyndhawaii cannot guarantee or warranty that Content posted on the site is accurate, complete and authentic. Business users agree to evaluate, and bear all risks associated with, the use of any Content and that under no circumstances will Fyndhawaii be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service. Business users agree to post only content they have created or have the authority to post without violating copyright laws. Business users acknowledge that Fyndhawaii does not pre-screen or approve Content and that Fyndhawaii reserves to right to remove Content for any reason at any time. Fyndhawaii has no responsibility to backup or store business users' Content. Business users retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. Business users may not post Content that is indecent, libelous, violates copyright laws. Other content limitations on Fyndhawaii include prohibitions of unsolicited or unauthorized advertising, solicitations, promotional materials, private information (SSNs, credit card numbers, etc), material that contains software viruses. Use of an account on Fyndhawaii on false pretenses, under a fake name, or under a real account without prior authorization is strictly prohibited.
Access to the Service
Fyndhawaii grants all users a limited, revocable, nonexclusive license to access and use the Service and the Content. Users are not allowed to undertake any collection, aggregation, copying, duplication, display or derivative use of the Service. Any use of data mining, robots, spiders, or similar data gathering and extraction tools for any commercial purpose is forbidden. General purpose Internet search engines and non-commercial public archives may gather information from Fyndhawaii for the sole purpose of displaying hyperlinks to Fyndhawaii Content. Fyndhawaii may grant exceptions to these prohibitions but any request for exception must be sent via email and will be reviewed by Fyndhawaii.
Proprietary Rights
Fyndhawaii is protected by copyright laws and international conventions as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Reproduction, redistribution or modification of FyndHawaii Content (or creation of derivative works) for anything other than personal use is forbidden without the express written consent of Fyndhawaii.
Trademarks
Fyndhawaii's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion to users.
Fyndhawaii Mobile Services
Fyndawaii will provide some content via mobile phones and wireless devices free of charge. However, regular rates and fees will still apply and Fyndhawaii accepts no responsibility for fees incurred while using Fyndhawaii Services on a mobile device.
Copyright Complaints
Anyone who feels that Content posted on Fyndhawaii has violated your copyright or your intellectual property can notify Fyndhawaii at abuse@Fyndhawaii.com. In this notification, identify the infringing Content and provide contact information including a telephone number, address and email address. Fyndhawaii will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Privacy
All Fyndhawaii user data is considered private. Use of the Service constitutes consent to allow personal or professional / business data to be transferred to and/or processed in the United States.
Disclaimers
Fyndhawaii is not not responsible or liable in any manner for any Content posted on the Service, whether posted or caused by Users, by Fyndhawaii, by third parties or by any of the equipment or programming associated with or utilized in the Service. Fyndhawaii is not responsible for Content or user postings. Fyndhawaii is not responsible for the online or offline conduct of any User. Fyndhawaii's service may be unavailable due to maintenance or technical difficulties. Fyndhawaii assumes no responsibility for any problems, real or alleged, caused to Users equipment (computers, modems, mobile phones, etc) resulting from use of the Fyndhawaii Service.
THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND FYNDHAWAII DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FYNDHAWAII CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. FYNDHAWAII DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE OR ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FYNDHAWAII DOES NOT WARRANT THAT THE SERVICE OR THE SERVERS USED TO OPERATE THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER COMPONENTS THAT MAY DAMAGE A USER'S COMPUTER. USERS WHO DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SERVICE ENTIRELY AT THEIR OWN DISCRETION AND RISK. FYNDHAWAII BEARS NO RESPONSIBILITY FOR ANY DAMAGES THAT MAY RESULT.
Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCOUNT CANCELLATION
Fyndhawaii may cancel your account, terminate your access to the Service and delete any User Content that you have posted on Fyndhawaii for any reason and at any time in its sole discretion, without notice.
Governing Law; Venue and Jurisdiction
By using the Service, you agree that the laws of the State of Hawaii will govern these Terms of Use and any dispute of any sort that might arise between you and Fyndhawaii. YOU AND FYNDHAWAII AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Service be instituted more than one (1) year after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Content you post or Content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of these Terms of Use or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Other
These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Service, superseding any prior agreements between you and the Company relating to your use of the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Questions
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