Terms & Conditions
HAWAII POLICY PORTAL © WEB SITE AND PRODUCTS TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. BY USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.
Hawaii Policy Portal provides small businesses and organizations with (i) a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online email campaigns (the “Online Testimony Product”).
The following are the terms and conditions for access to this web site and use of the Products. By clicking the ‘I accept’ button on the sign-up page, by logging in to your Policy Ninja account or by accessing the Hawaii Policy Portalservices via any API interface, you accept these terms and conditions.
1. Copyright and Trademark Information
Copyright © Policy Ninja. All rights reserved.
This web site, and the information which it contains, is the property of Hawaii Policy Portal and/or its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
2. Representations and Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:
* The Products may only be used for lawful purposes.
* The Online Testimony Product will be paid in full.
* You will comply with the restrictions on content of web pages and activities using the Products as set forth or referenced in this Agreement.
3. Products and Support
4. Fees and Payment
4.1 Payment. Payment for Products will be made by a valid credit card accepted by Hawaii Policy Portal. Checks will be accepted for prepayments of at least six (12) months. Fees are payable in U.S. dollars.
5. Email, Permission Practices, Image Hosting & Prohibited Content
5.1 Prohibited Content. Hawaii Policy Portal prohibits the use of the Products or web site by any person or entity that:
* Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
* Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
* Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).
* Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
* Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
* Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick”, “build your wealth” and “financial independence” offerings.
* Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
* Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
* Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
5.6 Right to Disable Access. Hawaii Policy Portal, at its own discretion, may immediately disable your access to the Products without refund if Hawaii Policy Portal believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
6. Restrictions and Responsibilities
6.1 No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products (“Software”); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.
Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by Hawaii Policy Portal in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.
6.2 Permitted Use of the Products. The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that Hawaii Policy Portal perform such work at its standard professional services rates. Hawaii Policy Portal can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
6.3 Compliance with Laws; Monitoring. You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations thereunder and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although Hawaii Policy Portal has no obligation to monitor the content provided by you or your use of the Products, Hawaii Policy Portal may do so and may block access, remove any such content or prohibit any use of the Products that Hawaii Policy Portal believes may be (or is alleged to be) in violation of the foregoing.
6.4 Indemnification. You hereby agree to defend, indemnify and hold harmless Hawaii Policy Portal and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that Hawaii Policy Portal has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
6.5 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Hawaii Policy Portal. Hawaii Policy Portal may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. Hawaii Policy Portal will not provide your contact information to companies you have not authorized for that purpose unless required by law. Hawaii Policy Portal will never sell or rent your contact lists to anyone without your permission and acknowledges your ownership right in your contact lists. In the event Hawaii Policy Portal amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
You may terminate this Agreement at any time by calling Hawaii Policy Portal support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND HAWAII POLICY PORTAL IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
Hawaii Policy Portal may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Hawaii Policy Portal shall have no liability to you or any third party because of such termination or action.
Hawaii Policy Portal may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last online campaign. Hawaii Policy Portal will provide upon request the list of unsubscribe requests from your account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
8. Warranty Disclaimer; Remedies
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. HAWAII POLICY PORTAL DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED “AS IS” AND HAWAII POLICY PORTAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for Hawaii Policy Portal to use commercially reasonable efforts to adjust or repair the Products.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, HAWAII POLICY PORTAL OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “HAWAII POLICY PORTAL”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF HAWAII POLICY PORTAL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, HAWAII POLICY PORTAL IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF HAWAII POLICY PORTAL TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY HAWAII POLICY PORTAL TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
10. Links to Third-Party Web Sites
This web site may contain links to non-Hawaii Policy Portal web sites. These links are provided to you as a convenience, and Policy Ninja is not responsible for the content of any linked web site. Any non- Hawaii Policy Portal web site accessed from this web site is independent from Hawaii Policy Portal, and Hawaii Policy Portal has no control over the content of that web site. In addition, a link to any non- Hawaii Policy Portalweb site does not imply that Policy Ninja endorses or accepts any responsibility for the content or use of such web site.
11. No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Hawaii Policy Portal of that third party or of any product or service provided by a third party.
12. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. Hawaii Policy Portal will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by email or by phone, or through a Third Party Service, if any, through which you access the Products. Hawaii Policy Portal has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. Hawaii Policy Portal shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
13.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
13.2 Hawaii Policy Portal and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
13.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Hawaii Policy Portal in any respect whatsoever.
13.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
13.5 The Agreement shall be governed by the laws of the of Hawaii, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Hawaii.
13.6 Hawaii Policy Portal reserves the right to deny the use of the services of Hawaii Policy Portal if it is determined by Hawaii Policy Portal staff that the potential client does not adhere to the guidelines and principles set forth in the Earth Charter, available at earthcharter.org.
If you have any questions about the rights and restrictions above, please contact Hawaii Policy Portal by email at email@example.com
Copyright © Hawaii Policy Portal All Rights Reserved.