Last Updated: NOVEMBER 15, 2015
By using the Website, you agree that you have read, understand, and are bound by these Terms and Conditions. RCD may, in its sole discretion, revise these Terms and Conditions from time to time by updating the Terms and Conditions, with the new terms taking effect on the date of posting. You should review the Terms and Conditions every time you use this Website as they are binding on you. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE. Please read the following information carefully:
As our Services are an evolving medium, the Terms of this Agreement may change from time to time. Please periodically review and become familiar with these terms.
Your continued use of the Services after the posting of changes to these Terms will signify your acceptance of these changes. We may immediately terminate any individual’s use of the Services and/or such user’s password(s) or account(s) in the event user violates the terms of this Agreement or engages in conduct that we, in our sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
Personal and Noncommercial Use
The Website is only for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to RCD that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
To use our services, including the submission of any content through our services, we require that you agree to these Terms of Service (“Terms”). Among other things, you understand and agree that:
- The personal information you have provided to us is accurate.
- You have the right to submit any content that you provide to us.
- You are solely responsible for any content that you submit to us.
- Your submissions do not contain material that is defamatory, infringes on anyone else’s intellectual property rights, or is in any way unlawful; or that we may find to be indecent, profane, obscene, or otherwise objectionable.
- We may review your submissions and remove any content without notice and for any reason in our sole discretion, including if it violates these rules, other parts of the Terms, or is otherwise objectionable.
- When you submit content or other material, you grant us, our affiliates, and our partners, the nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and distribute such content or other material in any way.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE WEBSITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Limitation of Liability
IN NO EVENT SHALL RCD OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RCD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RCD SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
You agree to defend, indemnify and hold RCD, its officers, directors, employees and agents, sponsors and supporting artists, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, related to or arising out of: the content, use of the Website or related sites, any assistance or services provided by us, any alleged unauthorized use of the Website, or your use of the Website in a manner that violates or is alleged to violate these Terms and Conditions. RCD will provide you with prompt notice of any such claim, suit or proceeding and reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Among the links that the Website may provide are links to certain services offered by third party providers, not by RCD. Services offered to you by the third party providers are subject to the terms and conditions posted on those parties’ respective websites. RCD is not responsible for any of the activities of any third party provider in offering online services or for any conduct by any user in connection with third party services.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. RCD reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the Website or any of its content or copy portions of the RCD Website to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within RCD must be displayed in full (including all trademarks and branding), without any accompanying frame, border, margin, design, branding, trademark or promotional materials not originally displayed on the page within the Website.
Copyrights and Copyright Information
Ronda Ching Day, the Services, and its licensors retain full copyright ownership, rights and protection in all material contained on the Website (including all digital images, software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Website without the prior consent of RCD or the copyright owner.
The Services contain copyrighted material, trademarks and other proprietary information, including but not limited to text, images, photos, software, video, graphics, music and sound, and applications. The entire content of the Services is protected by United States copyright, trademark, patent, trade secret and other laws. Unless otherwise noted, Ronda Ching Day (including HawaiiProperties.co) or affiliates own all content that is part of the Services.
Although the Services are freely accessible, by providing such access we do not intend to relinquish our respective rights, or any other party’s rights, to the materials appearing on the Services. The material on the Services is provided for private, non-commercial use only.
All content of the Website is Copyright Ronda Ching Day. All rights reserved.
By using or accessing RCD’s Website, including but not limited to the Community Listings, Blog Posts, News, Resources, Newsletters and Search Listings sections, You represent, warrant and agree that You will not engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Services:
- Restricting or inhibiting any other user from using and enjoying the Services;
- Impersonating any person or entity or posting personally identifying information of any other person
- Do or doing anything that could disable, overburden or impair the proper working of the Website;
- Using any robot, spider, scraper or other automated means to access the Website;
- Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
- Posting or transmitting any false, misleading or inaccurate information,
- Without our prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes including without limitation the solicitation of users of the Services to become users of other online or mobile services competitive with the Services);
- Representing or suggesting, directly or indirectly, our or our affiliates’ and sponsors’ endorsement of user content;
- Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Posting or transmitting materials in violation of another party’s copyright or intellectual property rights;
- Using the Services for any commercial or unlawful purposes, including “spamming” or
- Sending spam or any other unauthorized advertisements or solicitations through or using the Website;
- Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Services; or
- Harvesting, collecting or using addresses, phone numbers or email addresses or other contact information of users of the Website;
- Soliciting private information (including social security numbers, credit card numbers and passwords) from users of the Website;
- Using an iFrame or offer web search functionality on the Website;
- Intimidating or harassing any user;
- Doing anything that is illegal, infringing, fraudulent, malicious or could expose RCD or users of the Website to harm or liability; or
- Attempting, encouraging or facilitating any of the above.
YOU EXPRESSLY AGREE TO INDEMNIFY, (AT OUR REQUEST) DEFEND, AND HOLD US, AND OUR AFFILIATES AND SPONSORS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE PROVISIONS RELATING TO CONTENT SUBMITTED BY YOU, (B) YOUR VIOLATION OF ANY OF THESE TERMS OF SERVICE AND/OR THE CODE OF CONDUCT ABOVE, (C) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES OR ANY RELATED SERVICES; (D) YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED SERVICES; AND/OR (E) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT BY YOU.
By using the Services you are indicating that you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement please do not use the Services. If you are not yet the age of majority in the state in which you reside, a parent or guardian may agree to be bound by the terms of this Agreement on your behalf.
Third Party Advertising
We may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We reserve the right to edit, reclassify, revise, reject and/or cancel any advertisement at any time, in our sole discretion. Rates and specifications for any advertisement are subject to change.
When you submit an ad for publication on the Services, including but not limited to classified ads, you agree that the advertisement is licensed to us for publication on the Services.
You may submit any text, images, data, or other materials (“Content”) on the Services. In so doing, you acknowledge and agree that you grant to us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
- Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and/or translate such Content without notice, attribution or payment to you.
- Sublicense such Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without notice, attribution or payment to you. Further, by submitting Content on the Services, you acknowledge that you have the authority to grant such rights to us and use of the Content by us will not violate the rights of any third party. You further acknowledge that the burden of determining whether any Content posted or transmitted on the Services by you is protected by copyright or will otherwise violate the rights of any third party rests solely with you. We, and our licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on our behalf.
Contests, Sweepstakes, and Promotions
If you subscribe to mobile alerts, you certify that you are over 18 years of age, are the account holder or have the account holder’s permission, and agree to receive ongoing SMS messages from us. The number of messages, which are delivered per week, are based on subscription preferences. Service is available on select carriers. In addition to any entry, submission, donation or other fee of which you are notified, your carrier’s message and data rates may apply. No purchase is necessary. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. SMS messages are provided on an as is basis. Data obtained from you in connection with SMS service may include your cell phone number, carrier’s name, and date, time and content of message. Such information may be used by us to contact you and to provide services which you request. SMS messages will be delivered to the phone number the consumer provides for opt-in. You can cancel your alert subscription at any time by replying STOP to any text alert. For more information reply HELP to any text alert.
If you have elected to receive push notifications or alerts through any of our mobile applications, you can cancel the push notifications or alerts by accessing the push notification setting of your mobile device and/or through the settings of the applicable mobile application.
Use of Secure Area and Password
Children under the age of 18 are not authorized to post messages or participate in “Forums” (as defined below) on the Site. By creating a user account, you represent that you are 18 years of age or older and, if you are under the age of majority in the state in which you reside, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, use the Services, and fulfill the obligations set forth in these Terms of Service.
You acknowledge and agree that we have the right, but not the responsibility, to monitor the Services and related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Services properly, to protect itself, its sponsors and our customers, and to comply with legal obligations or governmental requests, or to respond to any circumstance that we deem to be an emergency. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement, in our sole determination.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN, IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY US. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND ANY RELATED SERVICES.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER US, NOR THEIR AFFILIATES, EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THEM IS TO STOP USING THE SITE AND/OR SUCH SERVICES.
We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Services, you acknowledge and agree to this disclaimer of any such liability. If you do not agree, you should not access or use the Services.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Although we attempt to ensure the integrity of the Services, a possibility exists that the Services could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Services. We make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please contact us at email@example.com so that it can be corrected. Please include the URL of the website or the name of the mobile application or other service in your email.
In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, user or member of the Services, or other user not under contract with us. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than our authorized employee spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
By using or accessing the RCD Website, including but not limited to the Community Listings, Blog Posts, News, Resources, Newsletters and Search Listings sections, you represent, warrant and agree that you will not Post:
- content that violates the law or anyone’s rights, including intellectual property (“IP”) rights or other proprietary rights (such as rights of publicity and privacy);
- any addresses, phone numbers or email addresses or other contact information or private information of any third party;
- false, misleading or fraudulent information;
- any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
- alcohol-related or other mature content on the Website; or
- content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that RCD may consider offensive.
“User Content” means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the Website, including but not limited to the Consultant Listing, Nonprofit Event Planner, Scholarship Seekers and NetCommunity sections. “Post” means to upload, post, transmit, share, store, link to or otherwise make available on or through the Website.
Right to Remove Content or Block Access
Reporting Objectionable Material
If you consider any material appearing on the Services to be objectionable and would like to report it, please contact us at firstname.lastname@example.org
Please include in your e-mail the URL of the website or the name of the mobile application.
Ronda Ching Day, and its affiliates own all rights to their logos and trademarks used in connection with the Services. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Services without the prior written consent of the owner of the mark.
Hawaii Homes International LLC, its parents, subsidiaries, or affiliates own all rights to their logos and trademarks used in connection with the Services. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Services without the prior written consent of the owner of the mark.
Third Party Content
RCD may provide content of third parties (“Third Party Content”) as a service to those interested in this information. RCD generally does not monitor, approve or have any control over any Third Party Content. RCD does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. RCD is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
Corporate Identification and Trademarks
All trademarks, service marks and trade names of RCD and its partners and licensors used herein (including without limitation: RCD, the RCD and HawaiiProperties.co logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of RCD or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without RCD’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.
RCD may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail if you are donor to, or advisor regarding, a fund administered by RCD.
You may give notice to RCD at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
Ronda Ching Day
1188 Bishop Street #2103
Honolulu, HI 96813
Attention: Legal Notice
Notice Regarding Copyright Agent
RCD does not condone copyright infringement on its Website, and will remove allegedly infringing content if properly notified of the infringement. RCD reserves the right also to terminate a User’s account, if the User is an infringer. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RCD‘s designated agent for notice of claims of copyright infringement on this Website is Copyright Agent Ronda Ching Day, who can be reached as follows:
Copyright Agent, Ronda Ching Day
c/o 1188 Bishop Street #2103
Honolulu, HI 96813
Telephone number: (808)-387-1474;
email address: support at
Please include in your email the URL of the website or the name of the mobile application or other service which you believe to contain infringing content.
Notice Regarding Independent Professional Advice
Certain information available through the Website may relate to various laws. Such information should not be considered legal or financial advice. RCD is not acting as your lawyer or financial advisor.
You agree that RCD may terminate your use of the Website if RCD reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of RCD or any third party, or for any reason with or without notice to you. You agree that RCD may modify or discontinue the Website, with or without notice to you. You agree that RCD will not be liable to you or any third party as a result of such modification or discontinuation.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
We may at any time change the Services, including eliminating or discontinuing any content or feature of the Services, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, postings or notifications on the Services, by electronic mail, by conventional mail, or by another other means chosen in our sole discretion. Your use of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
You expressly agree that exclusive jurisdiction for any dispute with RCD, or in any way relating to your use of the Website (“Legal Action”), resides in the courts of City & County of Honolulu in the State of Hawaii. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of City & County of Honolulu in the State of Hawaii in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the District of Hawaii.
These Terms and Conditions are governed by the internal substantive laws of the State of Hawaii, without regard to conflict of law principles.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.