This site is owned and operated by Orange Soda Hawaii.

Comments

oshawaii.net allows you to post comments on the site, provided that you first register to do so with a valid e-mail address.

Orange Soda Hawaii may allow as much or as little opportunity for registration at will, with absolute discretion, and Orange Soda Hawaii may close particular comment threads or discontinue my general policy of allowing comments at any time. By registering to post comments, you warrant that you are at least 18 years old and that you are solely responsible for your account’s activity.

Orange Soda  reserves the right to delete your comments or revoke your registration for any reason whatsoever. This will almost always apply to comments that are either advertisements (SPAM), threatening, harassing or off-topic.

Orange Soda Hawaii does not own your comments and expressly disclaim any and all liability that may result from them. By commenting on this site, you agree that you retain all ownership rights in what you post here and that you will relieve Orange Soda  Hawaii and it’s agents, from any and all liability that may result from those postings. You further agree to grant Orange Soda Hawaii and its agents a worldwide, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to store, use, transmit, display, publish, reproduce, or otherwise distribute your comments without limitation, as well as to make such additional uses of them as may be needed.

Trackbacks

Third-party websites are permitted to send trackbacks to my posts, but the editor may, in his absolute discretion, disable this option for particular posts or discontinue the general policy of allowing trackbacks at any time.

Website administration reserves the right to delete trackbacks for any reason.

Intellectual Property

Unless otherwise noted, and subject to the provisions below, everything you see and hear on oshawaii.net, except advertisements, is either owned by or licensed to Orange Soda Hawaii or RJ Mendoza and is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights are reserved in and to this material that have not been expressly granted to third parties.

Notwithstanding the foregoing, the editor may occasionally post text, graphics, photos, audio, or video which are neither owned nor have a license to use if the editor believes in good faith that the use of such material constitutes fair use as defined by Section 107 of Title 17 of the United States Code, as amended. If you hold the copyright to any such work and believe that the use fails to qualify for protection under Section 107, you may request that it be removed it from our site by e-mailing the editor/publisher at rjmendoza@oshawaii.net

oshawaii.net is intended for your own personal use. If you download or print something from my site, you should retain any advertisements, copyright or related proprietary notices which the material contains. You may not reproduce, transmit, license, sell or otherwise exploit for any purpose any content that appears on this site without prior written consent—except, of course, to the extent you’re entitled to do so under Section 107 of Title 17.

Warranty

YOU AGREE THAT YOUR USE OF THIS WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,ORANGE SODA HAWAII AND EMLPOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, IN CONNECTION WITH OSHAWAII.NET AND YOUR USE THEREOF. ORANGE SODA HAWAII MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF MY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MY WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. ORANGE SODA HAWAII DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ORANGE SODA HAWAII WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL ORANGE SODA HAWAII EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, OR AGENTS OR I BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ORANGE SODA HAWAII SHALL NOT BE LIABLE FOR USER COMMENTS, FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Miscellaneous

These terms of use represent the entire agreement between you and Orange Soda Hawaii/RJ Mendoza and apply exclusively to oshawaii.net . They do not apply to advertisers, linked websites, or any other third party that is not owned or operated by Orange Soda Hawaii. They also do not apply to the Waiakea, Whatnot and Writing website. For information about a third party’s terms of use, please consult its individual website. By using our site you agree to relieve us from any and all liability that may result from your use of a third-party site.

You also agree to defend, indemnify, and hold harmless O/S Hawaii and employees, independent contractors, affiliates, and agents from and against any claims, actions, demands, expenses, liabilities, costs, debts, and damages (including legal and professional fees) asserted by any third party arising from your use of oshawaii.net, your alleged violation of any law, including laws governing intellectual property or privacy rights, or your violation of these terms of use.

You further agree that oshawaii.net  will be deemed as being solely based in Hawaii, regardless of where you are while using the site, and that it constitutes a “passive website” for purposes of personal jurisdiction statutes enacted by other states. You agree that the laws of the State of Hawaii will govern these terms of use irrespective of principles regarding conflicts of law, and that any dispute between you and me pertaining to this website will be resolved by a court of competent jurisdiction located in Hawaii. If any part of these terms of use is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Finally, you agree that any claim or cause of action related to your use of oshawaii.net must be filed within six months after the cause of action accrues, or else it will be permanently barred.

These terms of use may be revised from time to time. Please check this page periodically for updates. Your use of our site on any given date indicates your acceptance to the terms of use as of that date.

Disclosure Policy

This policy is valid from 27 December 2009 For questions about this blog, please contact Orange Soda Hawaii or RJ Mendoza (rjmendoza@oshawaii.net). This blog accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation. The compensation received will never influence the content, topics or posts made in this blog. All advertising is in the form of advertisements generated by a third party ad network. Those advertisements will be identified as paid advertisements. The owner(s) of this blog is not compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this blog are purely the blog owners. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider. This blog does contain content which might present a conflict of interest. This content will always be identified. We are employed by or consult with: (student- University of Hawaii Hilo). To get your own policy, go to http://www.disclosurepolicy.org

Legal Info

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  O/S Hawaii makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Orange Soda Hawaii does not warrant that:

l  this website will be constantly available, or available at all; or

l  the information on this website is one-hundred percent accurate, objective or misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. This website is solely for informational purposes only.

Limitations of liability

Orange Soda Hawaii, RJ Mendoza will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if O/S Hawaii has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit O/S Hawaii liability in respect of any:

l  death or personal injury caused by O/S Hawaii negligence;

l  fraud or fraudulent misrepresentation on the part of O/S Hawaii; or

l  matter which it would be illegal or unlawful for O/S Hawaii to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, O/S Hawaii has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against O/S Hawaii officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect O/S Hawaii officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as O/S Hawaii.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

This website disclaimer

This website disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com