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TERMS OF USE
Last Updated 12/11/2010
IT IS YOUR RESPONSIBILITY TO READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
As used herein, the phrase "this Site" refers to Hawaiioceanjournal.com and other sites on the World Wide Web originating in the United States which are owned and/or operated by Hawaii Ocean Journal Publishing Co. By using this Site, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you have no right or license to access this Site and you should not do so.

Hawaii Ocean Journal Publishing Co. reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.

Hawaii Ocean Journal Publishing Co. may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature or content. Hawaii Ocean Journal Publishing Co. may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Hawaii Ocean Journal Publishing Co. or the party credited as the provider of the material. The entire contents of Hawaiioceanjournal.com are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the Site. No material from this Site or any Web site owned, operated, licensed, or controlled by Hawaii Ocean Journal Publishing Co. may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to Hawaii Ocean Journal Publishing Co. or the other designated owner of a posted mark. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this Site is governed by the terms and conditions of the sales transaction with the provider of the product. Hawaii Ocean Journal Publishing Co. MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Hawaii Ocean Journal Publishing Co. does not have any responsibility for the processing or delivery of products purchased from this Site.

LINKED SITES
Hawaiioceanjournal.com may contain links and pointers to Internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply Hawaii Ocean Journal Publishing Co.'s endorsement. Hawaii Ocean Journal Publishing Co. has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.

JURISDICTIONAL ISSUES
The Site is controlled and operated by Hawaii Ocean Journal Publishing Co. from its headquarters in Kapolei, Hawaii, United States of America. Hawaii Ocean Journal Publishing Co. makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Hawaii, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Kapolei, HI and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and Hawaii Ocean Journal Publishing Co.in connection with your access and use of this Site.

Hawaii Ocean Journal Publishing Co. may, in its sole discretion, terminate or suspend your access to all or part of this Site for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use this Site, and the restrictions imposed on you with respect to materials downloaded from this Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.

DISCLAIMER
Your access to and use of this Site is at your sole risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Hawaiioceanjournal.com AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. Hawaii Ocean Journal Publishing Co.DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. Hawaii Ocean Journal Publishing Co.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.

NO LIABILITY
To the fullest extent permitted by applicable law, Hawaii Ocean Journal Publishing Co.and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Hawaii Ocean Journal Publishing Co. or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

You hereby agree to indemnify, defend and hold harmless Hawaii Ocean Journal Publishing Co.and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Hawaii Ocean Journal Publishing Co. and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. Hawaii Ocean Journal Publishing Co. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Because you have acknowledged that, at its sole discretion and for any reason, Hawaii Ocean Journal Publishing Co. may edit, refuse to post or to delete any Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to Hawaii Ocean Journal Publishing Co. a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Content, you hereby agree that if you unsuccessfully prosecute a claim against Hawaii Ocean Journal Publishing Co.and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Content that you post, to terminate or suspend your access to all or part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse Hawaii Ocean Journal Publishing Co.and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).

REGISTRATION/SUBSCRIPTION
As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated.

a. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that Hawaii Ocean Journal Publishing Co., in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.

b. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Hawaii Ocean Journal Publishing Co.

c. You shall notify Hawaii Ocean Journal Publishing Co. at info@Hawaiioceanjournal.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

d. You may share your password and subscriber ID with others, but you are responsible for all usage or activity on your Hawaiioceanjournal.com account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Hawaii Ocean Journal Publishing Co. sole discretion, and Hawaii Ocean Journal Publishing Co. may refer you to appropriate law enforcement agencies.

SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. Hawaii Ocean Journal Publishing Co. MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from this Site is further subject to United States export controls.

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TERMS, CONDITIONS AND PRICING SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.