Disclaimer

I, and my estate, collectively referred to below as we/us/our, specifically disclaim any warranty, express or implied, including
any warranty of merchantability or fitness for a particular purpose. In no event shall we be liable for any consequential, indirect, special or incidental damages, even if we have been advised by user of the possibility of such potential loss or damage. User agrees to hold us harmless from and against any and all claims, losses, liabilities and expenses.

Further, you agree that we will not be liable for any claim or demand of any nature or kind asserted against us by you or any third party, arising out of your access of, or use of our services or use of the information received from our services; you agree to indemnify and hold us harmless from claims by yourself or of third parties arising out of your use of our services or use of the information received from our services.

The use of our website may cause damage to the user because of the presence of, but not limited to, computer viruses, Trojan Horses, spyware, adware, software and hardware incompatibility or defects, and other factors associated with use of our site. Users of our site assume all risk associated with the use of our site, including any damages that might result from your usage.

We reserve the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and incorporated into this agreement. Your continued use of any part of this site will be deemed to constitute your acceptance of any and all such additional terms. All additional terms are hereby incorporated into this agreement by this reference. The terms and conditions of this agreement may be deleted or altered in part or in whole without any prior warning or notice.

This site is not intended for use in the operation of nuclear facilities, aircraft navigation or communications systems, or air
traffic control environments in which case the failure of this site could lead to death, personal injury, or severe physical or environmental damage.

You further agree that we are not responsible, and shall have no liability to you or anyone else, for any material posted by us
or others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely
with you.

Any, none, or all email (including your email address) sent to us may be posted for viewing at our sole discretion. If you do not wish to have your email posted on this site, or if you do not want your email address shown, you must make this plainly known by including the following text as the first sentence in any submission: “***** DO NOT PUBLISH THIS EMAIL. IT IS INTENDED FOR YOUR EYES ONLY. DO NOT PUBLISH THIS EMAIL *****” and or “***** DO NOT DISPLAY MY EMAIL ADDRESS. ******”

The opinions that we express on this site are ours alone. They do not necessarily reflect those of our employer and should not
be construed to be so.

Any opinions from correspondents are theirs alone and do not necessarily reflect those of this site. As noted above, we are
not responsible, and shall have no liability to you or anyone else, for any material posted by us or others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you.

We make no representations about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of technical and any other information on this site. Information gathered from any sources or any information provided by users are not reviewed, controlled, examined or verified by us in any way before they appear anywhere on or through this site.

We hereby disclaim all warranties and conditions with regard to this information. We are also not responsible for any loss of any information of any kind posted on or through the web site or network.

The statements on this site that do not directly relate to historical facts constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are subject to numerous risks and uncertainties, many of which are outside our control. As such, no assurance can be given that the actual events and results will not be materially different than the anticipated results described in the forward-looking statements. Factors could cause actual results to differ materially from such forward-looking statements. We disclaim any intention or obligation to revise any forward-looking statements, whether as a result of new information, future event, or otherwise.

Although we do not have any obligation to monitor reader comments posted to this site, we reserve the right at all times
to review them and to remove any information or materials at our sole discretion for any reason, or no reason at all, and to
disclose any information necessary to satisfy the law, regulation, or government request.

This site may contain hypertext links to other World Wide Web sites which are completely independent of this site. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such hypertext link, and any hypertext link to another person or entity shall not in any manner be construed as endorsement by us of such person’s or entity’s World Wide Web site, products or services. Your linking to any other off-site pages or other sites is at your own risk.

This service is not targeted to users in a particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere, nor to constitute any contacts with any jurisdiction outside of the State of Hawaii.

This agreement is entered-into and performed in the State of Hawaii, United States of America, and is governed by and shall be construed in all respects under the laws of Hawaii, exclusive of its choice of law or conflict of laws provisions. In any claim or
action directly or indirectly arising under this agreement or related to the service, each party irrevocably submits to the exclusive personal jurisdiction of the Hawaii State Circuit or District Court sitting in Honolulu, Hawaii, or if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the District of Hawaii, and whichever of those courts has jurisdiction, each party waives any jurisdictional, venue, or inconvenient forum objections to such court.

Access to this web site (or portions thereof) or the use of information, materials, products, or services provided through
this web site (or portions thereof), is not intended, and is prohibited, where such access or use violates applicable laws or
regulations.

This web site is a non-business personal site. As such, it is not intended for children, minors, or furry farm animals.

No failure, delay in exercising or enforcing any right or remedy hereunder by us shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent deemed to be omitted, and the balance of the agreement shall remain enforceable.

Digital Millennium Copyright Act Compliance. We have complied with all the requirements in Section 512(c) and 512(i) of Title
17 of the United States Code to qualify for a limitation on liability for copyright infringement, including without limitation (i) having no actual knowledge that any material or an activity using the material on this Website is infringing; (ii) having no awareness of facts or circumstances from which infringing activity is apparent; (iii) upon obtaining knowledge or awareness that material or an activity using the material our Website is infringing, acting expeditiously to remove or disable access to any infringing material, and (iv) upon receiving notification of claimed infringement, responding expeditiously to remove or disable access to material that is claimed to be infringing or to be the subject of infringing activity.

These terms of use contain the entire understanding between you and us with respect to this web site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.

By clicking on any link, viewing any content of this site, or sending any email to us/this site, the user acknowledges and
agrees to be bound by all of the above. Your mileage may vary. Have a nice day.

[Home]

© 1999, 2000, 2001, 2002, 2003, 2004 Daniel K. Seto, updated: September 21, 2001; July 16, 2001; February 20, 2002; May 30, 2002; November 14, 2003; July 21, 2004; September 30, 2004; June 29, 2005; October 24,2005.

Advertisements