WEBSITE TERMS OF USE
If you do not agree to the Terms of Use,
discontinue using the site immediately!
By
using this site, you signify your Assent and Agreement to these
Terms of Use. If you do not agree to these Terms of Use, do not use the
site.
Restrictions on Use of Materials
Materials
in this website are Copyrighted and all rights are
reserved. Text, graphics, databases, HTML code, and other intellectual
property are protected by US and International Copyright Laws, and may
not be copied, reprinted, published, reengineered, translated, hosted,
or otherwise distributed by any means without explicit permission. All
of the trademarks on this site are trademarks of mkpea.com or of other
owners used with their permission.
Database Ownership, License, and Use
mkpea.com
warrants, and you accept, that mkpea.com is the owner of
the copyright of the Databases of Links to articles and resources
available from time to time through http://www.mkpea.com. mkpea.com and
its contributors reserve all rights and no intellectual property rights
are conferred by this agreement.
mkpea.com
grants you a non-exclusive, non-transferable license to
use database(s) accessible to you subject to these Terms and
Conditions. The database(s) may be used only for viewing information or
for extracting information to the extent described below.
You
agree to use information obtained from mkpea.com's databases
only for your own private use or the internal purposes of your home or
business, provided that is not the selling or broking of information,
and in no event cause or permit to be published, printed, downloaded,
transmitted, distributed, reengineered, or reproduced in any form any
part of the databases (whether directly or in condensed, selective or
tabulated form) whether for resale, republishing, redistribution,
viewing, or otherwise.
Nevertheless,
you may on an occasional limited basis download or
print out individual pages of information that have been individually
selected, to meet a specific, identifiable need for information which
is for your personal use only, or is for use in your business only
internally, on a confidential basis. You may make such limited number
of duplicates of any output, both in machine-readable or hard copy
form, as may be reasonable for these purposes only. Nothing herein
shall authorize you to create any database, directory or hard copy
publication of or from the databases, whether for internal or external
distribution or use.
Liability
The
materials in this site are provided "as is" and without
warranties of any kind either express or implied. mkpea.com disclaims
all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose. mkpea.com does not warrant that the functions contained in the
materials will be uninterrupted or error-free, that defects will be
corrected, or that this site or the server that makes it available are
free of viruses or other harmful components. mkpea.com does not warrant
or make any representations regarding the use or the results of the use
of the materials in this site in terms of their correctness, accuracy,
reliability, or otherwise. You (and not mkpea.com assume the entire
cost of all necessary servicing, repair or correction. Applicable law
may not allow the exclusion of implied warranties, so the above
exclusion may not apply to you.
Under
no circumstances, including, but not limited to, negligence,
shall mkpea.com be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials in this
site, even if mkpea.com or a mkpea.com authorized representative has
been advised of the possibility of such damages. Applicable law may not
allow the limitation or exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. In no event shall mkpea.com's total liability to you for
all damages, losses, and causes of action (whether in contract, tort,
including but not limited to, negligence or otherwise) exceed the
amount paid by you, if any, for accessing this site.
Facts
and information at this website are believed to be accurate at
the time they were placed on the website. Changes may be made at any
time without prior notice. All data provided on this website is to be
used for information purposes only. The information contained on this
website and pages within, is not intended to provide specific legal,
financial or tax advice, or any other advice, whatsoever, for any
individual or company and should not be relied upon in that regard. The
services described on this website are only offered in jurisdictions
where they may be legally offered. Information provided in our website
is not all-inclusive, and is limited to information that is made
available to mkpea.com and such information should not be relied upon
as all-inclusive or accurate.
Links and Marks
The
owner of this site is not necessarily affiliated with sites that
may be linked to this site and is not responsible for their content.
The linked sites are for your convenience only and you access them at
your own risk. Links to other websites or references to products,
services or publications other than those of mkpea.com and its
subsidiaries and affiliates at this website, do not imply the
endorsement or approval of such websites, products, services or
publications by mkpea.com or its subsidiaries and affiliates.
Certain
names, graphics, logos, icons, designs, words, titles or
phrases at this website may constitute trade names, trademarks or
service marks of mkpea.com or of other entities. The display of
trademarks on this website does not imply that a license of any kind
has been granted. Any unauthorized downloading, re-transmission, or
other copying of modification of trademarks and/or the contents herein
may be a violation of federal common law trademark and/or copyright
laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and
Information
You
agree to treat as strictly private and confidential any
Subscriber Code, username, user ID, or password which you may have
received from mkpea.com, and all information to which you have access
through password-protected areas of mkpea.com's websites and will not
cause or permit any such information to be communicated, copied or
otherwise divulged to any other person whatsoever.
Other Legal Stuff
These
Terms of Use will apply to every access to
http://www.mkpea.com. mkpea.com reserves the right to issue revisions
to these Terms of Use by publishing a revised version of this document
on this site: that version will then apply to all use by you following
the date of publication. Each access of information from mkpea.com will
be a separate, discrete transaction based on the then prevailing terms.
This
Terms of Use and the license granted may not be assigned or
sublet by You without mkpea.com's written consent in advance.
These
Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the Hawaii, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction.
To
the extent you have in any manner violated or threatened to
violate mkpea.com and/or its affiliates' intellectual property rights,
mkpea.com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of
Hawaii, and you consent to exclusive jurisdiction and venue in such
courts.
Any
other disputes will be resolved as follows:
If
a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: City & County of Honolulu. Any costs and fees
other than attorney fees associated with the mediation will be shared
equally by each of us.
If
it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to binding
arbitration at the following location: City & County of Honolulu,
under the rules of the American Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
If
any provision of this agreement is void or unenforceable in whole
or in part, the remaining provisions of this Agreement shall not be
affected thereby.
Termination
These
Terms of Use agreement are effective until terminated by
either party. You may terminate this agreement at any time by
destroying all materials obtained from any and all http://www.mkpea.com
site(s) and all related documentation and all copies and installations
thereof, whether made under the terms of this agreement or otherwise.
This agreement will terminate immediately without notice at mkpea.com's
sole discretion, should you fail to comply with any term or provision
of this agreement. Upon termination, you must destroy all materials
obtained from this site and any and all other http://www.mkpea.com
site(s) and all copies thereof, whether made under the terms of this
agreement or otherwise.
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