Terms of Use | GEAR UP

Last modified: May 1, 2008

The following are terms of a legal agreement between you and GEAR UP Hawaii. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Web site.

GEAR UP Hawaii may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. GEAR UP Hawaii may also make improvements or changes in the services, or programs described in this site at any time without notice.

General

This Web site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without GEAR UP Hawaii's prior written consent, except that GEAR UP Hawaii grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice. You may not mirror any of the content from this site on another Web site or in any other media.

Certain disclaimers

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. GEAR UP Hawaii assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.   GEAR UP Hawaii provides no assurances that any reported problems will be resolved by GEAR UP Hawaii, even if GEAR UP Hawaii elects to provide information with the goal of addressing a problem.

Business relationships

This Web site may provide links or references to non-GEAR UP Hawaii Web sites and resources. GEAR UP Hawaii makes no representations, warranties, or other commitments whatsoever about any non-GEAR UP Hawaii Web sites or third-party resources that may be referenced, accessible from, or linked to any GEAR UP Hawaii site. A link to a non-GEAR UP Hawaii Web site does not mean that GEAR UP Hawaii endorses the content or use of such Web site or its owner. In addition, GEAR UP Hawaii is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the GEAR UP Hawaii site. Accordingly, you acknowledge and agree that GEAR UP Hawaii is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-GEAR UP Hawaii Web site, even one that may contain the GEAR UP Hawaii-logo, please understand that it is independent from GEAR UP Hawaii, and that GEAR UP Hawaii does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this site

All links to this Web site must be approved in writing by GEAR UP Hawaii, except that GEAR UP Hawaii consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with GEAR UP Hawaii; (c) imply that GEAR UP Hawaii approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about GEAR UP Hawaii or otherwise damage the goodwill associated with the GEAR UP Hawaii name. As a further condition to being permitted to link to this site, you agree that GEAR UP Hawaii may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any GEAR UP Hawaii references.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. GEAR UP Hawaii EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, GEAR UP Hawaii MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL GEAR UP Hawaii BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF GEAR UP Hawaii IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use.