Terms of Use

TERMS OF USE

BY USING THE WEB SITE, YOU AGREE TO THESE TERMS OF USE. YOU ARE NOT PERMITTED TO USE THE HAWAII SCHOOL GUIDE WEB SITE IF YOU DO NOT AGREE TO THE TERMS BELOW.

The Hawaii School Guide web site, www.hawaiischoolguide.com (referred to as the "Web Site"), is operated by New Distinction Corp. (referred to as the "Company"). As a condition to using the Web Site and content now or hereafter posted on the Web Site, you agree to the terms and conditions in these Terms of Use. You further acknowledge and agree that Company reserves the right to change its Terms of Use, and change or discontinue the Web Site, at any time, with or without prior notice to you. It is your responsibility to review the Terms of Use for changes each time you visit the Web Site. Company further reserves the right to suspend or terminate your access to the Web Site at any time, due to your failure to comply with these Terms of Use or for any other reason, in Company's sole discretion, and with or without prior notice to you.

Ownership. All ownership rights in and to the Web Site and its contents, including all copyright interests, belong to Company, and all rights not expressly granted in these Terms of Use are reserved. Any copying, distribution, modification, reproduction, display, or performance of the Web Site or any of its contents is prohibited unless you obtain Company's prior written consent.

Restrictions on Use. You are only authorized to use the Web Site for your own personal, non-commercial use. You agree to refrain from posting any information to the Web Site or otherwise using the Web Site in any manner that: (i) violates any applicable laws; (ii) infringes upon the title or copyright of any other work or the statutory, common law or other rights (including, without limitation, rights of privacy or publicity) of any person, firm, corporation, or business entity; or (iii) defames or is otherwise injurious to the reputation of any person, firm, corporation, or business entity. You represent and warrant that you will not post any false information to the Web Site. You will indemnify, defend and hold harmless Company, its officers, directors, employees, agents, and their respective successors and assigns, from any and all claims, losses, liabilities, judgments, fines, penalties, and reasonable attorneys' fees and expenses which may arise out of or relate to anything you post on the Web Site and/or your violation of these Terms of Use. You agree that Company has the right, in Company's sole discretion, to remove any posts or content from the Web Site at any time.

License. As a condition to your use of the Web Site, you grant to Company an irrevocable, perpetual, worldwide license to use, promote, distribute, display, reproduce, perform, and create derivate works from any information or materials you submit to the Web Site, in its entirety or any part thereof, in any manner Company deems appropriate in Company's sole discretion, and in any forms of media now known or hereafter created, without any obligation to notify you, obtain any further consent from you, or pay any fees or royalties to you. Company may sublicense or transfer these rights, in Company's sole discretion. Company reserves the right to remove or refuse to post any information that you submit to the Web Site, in Company's sole discretion.

DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE WEB SITE. COMPANY DOES NOT SCREEN OR WARRANT THE ACCURACY OF THE CONTENT THAT OUR USERS POST NOR ENDORSE OUR USERS' OPINIONS. YOUR RELIANCE ON ANY INFORMATION ON THE WEB SITE IS AT YOUR OWN RISK. YOU SHOULD INDEPENDENTLY EVALUATE AND VERIFY ANY INFORMATION OR OPINIONS ON THE WEBSITE BEFORE TAKINGA NY ACTION IN RELATION THERETO. COMPANY IS NOT MAKING ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE CONTENT OF THE WEB SITE, ANY INFORMATION POSTED ON THE WEB SITE, THE SECURITY OF THE WEB SITE, OR THE AVAILABILITY OF THE WEB SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY AND ALL CLAIMS, LOSSES, COSTS, EXPENSES, LIABILITIES, OR DAMAGES, INCLUDING WITHOUT LIMITATION, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, TREBLE DAMAGES, AND DAMAGES FOR LOSS OF PROFITS, USE OR DATA, ARISING OUT OF OR IN ANY WAY CONNECTED TO: (I) YOUR USE OF THE WEB SITE; (II) THE INFORMATION ON THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY INACCURACIES OR OMISSIONS THEREIN; (III) THE AVAILABILITY OR UNAVAILABILITY OF THE WEB SITE; (IV) THE UNAUTHORIZED ACCESS OR ALTERATION OF INFORMATION SUBMITTED TO THE WEB SITE; AND/OR (V) ANY DEFECTS OR VIRUSES AFFECTING THE WEB SITE OR TRANSMITTED THROUGH THE WEB SITE.

Links. The Web Site may contain links to third party web sites for your convenience, but Company does not endorse such web sites or warrant the accuracy or reliability of the information on such web sites. You should independently verify any information found on such third party web sites, and any reliance on information on such third party web sites shall be at your own risk.

Contact. To report any technical problems with the Web Site or to report any information on the Web Site which you believe to be infringing, injurious, false, offensive, obscene, or in violation of applicable laws, please contact: inquiry@hawaiischoolguide.com.

Entire Agreement. These Terms of Use embody our entire agreement and understanding with respect to the subject matter hereof. No waiver of any term or provision of these Terms of Use or of any default hereunder shall affect Company's right thereafter to enforce such term or provision or to exercise any right or remedy in the event of any other default, whether or not similar. If any provision of these Terms of Use is held invalid or not enforceable to its fullest extent, such provision shall be enforced to the extent permitted by law, and the validity of the remaining provisions of these Terms of Use shall not be affected.

Governing Law. These Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the State of Hawaii, without reference to its conflict of law provisions. It is agreed that in the event of any litigation related to these Terms of Use or the Web Site, the courts of the State of Hawaii and the United States District Court for the District of Hawaii will have exclusive jurisdiction over the parties and the subject matter of the litigation.