Effective as of January 1, 2005
IMPORTANT -- ALL USERS PLEASE READ -- This website requires consideration from you as a condition of access to the site.
Accepting these Terms of Use - and the Privacy Policy - of this website are required before you have the right to visit, read or communicate with this website.
All persons who refuse to read and accept these Terms of Use and the Privacy Policy are not permitted to use, access or communicate by or through this site.
By viewing, visiting, using, or communicating with this website, you are agreeing to all the provisions of these Terms Of Use and the Privacy Policy of this website.
All persons under the age of 18 are denied permission to access to this website. If you are under 18 years of age, you are not authorized to visit, read, or interact with this website or its contents in any manner. This website also specifically denies access to any individual that is or may be covered by the child online privacy act (COPA) Of 1998.
This website reserves the right to deny access to any person or viewer for any reason. Under the terms of the Privacy Policy, which you must accept as a condition for viewing this website, this website is allowed to collect and store data and information about you. One use of such information is for the purpose of excluding certain users from this website and there are also other uses.
These Terms of Use may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to view this website, to keep themselves informed of any and all such changes.
PARTIES TO THESE "TERMS OF USE"
Visitors, viewers, users, prospective clients, clients, subscribers, members, affiliates, or customers, collectively referred to herein as "visitors," are all parties to these "Terms of Use", the "Privacy Policy" and this agreement. This website and its owners, designers and/or operators are parties to this agreement, and are hereinafter referred to as "website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors to this website have no right to use the information on this site in any commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. (This limitation is not applicable to the traditional spidering of such information by search engines nor their use of small phrases of text to identify websites in search engine results.) The original work contained in this website is copyright and all rights are reserved to the fullest extent possible by law. By viewing the contents of this website you agree to this condition of viewing the site and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, visitor has no rights whatsoever to use the content of, or portions hereof, including the databases, invisible pages, linked pages, underlying code, or other intellectual property that this site may contain for any reason for any use whatsoever. Visitor agrees to liquidated damages in the amount of U.S.$100,000 per day in addition to costs and actual damages for any breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by InjuryLawyerHawaii.com and Bill Lawson, Attorney at Law. Material contained on the website is generally proprietary and entitled to copyright protection. Visitors have no rights whatsoever in the site's content. Use of website content for any commercial reason whatsoever is unlawful, unless and until it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website (in a link exchange program or otherwise), no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 per day plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the non-original content of this website (such as news reports and reported legal opinions). Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site are at the user's own risk. This website makes no warranty that downloads are free of typographical or transcription or transfer errors, corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or downloads, and as a condition of the website to allow his lawful viewing, visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he/she causes damage, and this website is a co-obligor on such damages or is otherwise required to pay such damages, the visitor, as a condition of viewing this website, promises to reimburse the website for all damages paid as well as attorneys fees and all other costs and expenses incurred.
SUBMISSIONS
Visitor agrees as a condition of viewing this site, that any communication between visitor and this website is deemed a submission. All such submissions, including any portions thereof, graphics contained thereon, and any and all content of the submission, shall be and become the exclusive property of the website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the website, which visitor wishes to forever allow the website to use in any manner as it sees fit (subject only to the limitations of unwaivable law). This paragraph entitled "Submissions" is a mandatory and accepted condition of use of this website and a provision of its Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due visitor and visitor expressly warrants an understanding that the right to any and all notices of any type is waived as a condition for permission to view and/or interact with the website.
DISPUTES
As part of the consideration that the website requires for viewing, using or interacting with this website, visitor agrees to use binding arbitration for any claim, dispute, or controversy ("claim") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. Sacramento, Sacramento County, California. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the City and County of Honolulu, State of Hawaii.
CONTACT INFORMATION
lawson@hilaw.com
Bill Lawson
1188 Bishop St. Suite 2902
Honolulu, Hawaii 96813
COPYRIGHT AND LICENSE
This "Terms of Use" is copyright and may not be used without the express written permission of InjuryLawyerHawaii.com. All rights reserved.