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WEB SITE USER AGREEMENT - Terms of Use,

Intellectual Property Notices

AGREEMENT BETWEEN USER AND HARMONICA.COM LLC

This Web site is offered to you by Harmonica.com LLC -- Headquarters: Kapaa, Hawaii, USA Mailing address:Harmonica.com LLC, 7 Waterfront Plaza, 500 Ala Moana Blvd., Suite 400, Honolulu, Hawaii, 96813 USA PHONE: 1-800-292-4963 (referred to as the "Company") on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Web site. YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS COMPANY’S WEB SITE. YOU MAY NOT ACCESS OR USE THIS WEB SITE UNLESS YOU AGREE TO THEM. By using this Web site, you acknowledge that you have read the terms, conditions and notices in this Agreement and you agree to accept them. The Company reserves the right to change the terms, conditions and notices under which this Web site is offered at any time in its sole discretion.

PERSONAL AND NON-COMMERCIAL USE

This Web site is for your personal, non-commercial use. You may download and copy information on this Web site for your own personal use as long as you maintain all copyright and other notices contained in the content. You may not download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information, products or services obtained from this Web site.

UNLAWFUL AND PROHIBITED USE

You warrant to the Company that you will not use this Web site for any purpose that is unlawful or prohibited by the terms, conditions or notices in this Agreement and on this Web site.

PROHIBITED ACTIVITIES

If this Web site contains chat areas, forums, communities, bulletin board services, news groups, e-mail service or other message or communication facilities, you agree not use the Web site to:

* Post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable;

* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Web site;

* Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by the Company;

* Disrupt or interfere with the operation of the Web site or any servers or networks connected to the Web site service;

* Violate any applicable local, state, national or international law;

* Collect or store personal data about other users.

ACCESS RESTRICTION

The Company may, in its sole discretion, deny any user access to this Web site or any portion of the site without notice.

INDEMNITY

You agree to indemnify and hold the Company harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) which arise out of, are connected with or directly relate to your wrongful or unlawful use of this Web site or any breach of any representation or warranty made by you in this Agreement.

USE OF INFORMATION

The Company may monitor your use of this Web site. It may use and disclose any information and material received from you, or collected through your use of the site, for any lawful reason or purpose.

USE OF MESSAGES

By posting messages or engaging in other communication to the Company Web site, you grant to the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against the Company for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.

LINKS TO OTHER WEB SITES

This Web site may contain links to Web sites operated by parties other than the Company. The links are provided for your convenience only. The Company does not control the Web sites and is not responsible for the content on such Web sites. By offering links, the Company is not implying that it endorses anything contained on such Web sites or has any association with the operators of the Web sites.

LIABILITY DISCLAIMER

Information or advice received from this Web site should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. THE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS WEB SITE. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING SENTENCE, THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE. THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

RELATIONSHIP

You acknowledge and agree that communications and transmission to and from the Company Web site are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and the Company other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or use of this Web site.

GENERAL

This Agreement is governed by the laws of the United States and of the State of Hawaii. You consent to the exclusive jurisdiction and venue of courts in Kauai County, Anahola, HI U.S.A. in all disputes arising out of, or relating to, use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this Web site and this Agreement, including this paragraph.

In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.

This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site. It supersedes all prior oral or written understandings and agreements relating to use of this Web site. Company’s waiver of any provision of this Agreement shall not be deemed to waive it for the future.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of this Web site are Copyright 2005 - 2011 Harmonica.com LLC and/or its suppliers. All rights reserved. Other product and company names mentioned on this Web site may be the trademarks of their respective owners.


 

 

INTELLECTUAL PROPERTY NOTICES

Harmonica.com LLC (referred to as the "Company") respects intellectual property rights. Please read the following notices, which are part of our User Agreement and to which you agree.

COPYRIGHT

All content on this site, such as text, graphics, logos, icons, images, audio or video clips, software, site design and the selection and assembly of them, are the sole property of the Company or its content providers. Such property is protected by U.S. and international copyright laws. All rights not expressly granted in the User Agreement are reserved. Except as otherwise required by applicable law, any download, copy, reproduction, modification, distribution, publication, transmission, transfer, sale, license, display, performance or adaptation of the content is strictly prohibited. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

TRADEMARKS

All trademarks, service marks, and trade names (referred to as the "marks") on this Web site are proprietary to the Company or other respective owners that have granted the Company the right and license to use such marks. These marks may not be used in connection with any product or service other than the Company’s products or services. The marks may not be used in any manner that is likely to cause confusion among customers or potential customers of the Company. The marks may not be used in any manner that disparages or discredits the Company. The marks may not be used in any manner not expressly authorized by the Company.

 

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