All materials contained on this Website, including text, images, logos and/or other material (collectively, “Content”), and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by or licensed to BPE.
You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereinafter developed, any Content for commercial profit or gain. Nothing in these Terms or on the Website shall be construed as conferring any intellectual property or other proprietary rights to you.
You agree not to copy, reproduce, republish, transmit, modify or distribute any of the Content, unless approved by BPE in a separate agreement. You further agree that all rights in the Content are valid and protected in all forms of media and technology now existing or hereinafter developed.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material on the Website infringes on your copyright rights, you or your authorized agent may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to 55 Merchant Street, 17th Floor, Honolulu Hawaii 96813. We suggest that you consult a legal advisor prior to filing a notice or counter-notice.
This Website may include links to other Internet sites that we do not monitor, operate or control. We are not responsible for the content of any such sites, make no representations regarding any such sites, cannot guarantee their practices regarding data privacy, and do not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such sites. These Terms do not apply to third-party websites and you acknowledge and agree that your linking to other sites, your use of other sites, and your use of any information, material, products and services offered by such sites, are at your sole risk.
We make every effort to ensure that information regarding the legal rights contained on our Website is accurate and up to date. However, laws and legal procedures are subject to frequent change and differing interpretations. We cannot ensure the information on this Website is current, nor be responsible for any use to which it is put. Do not rely solely on this information without consulting an attorney or the appropriate agency about your rights in your particular situation.
We make no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this Website and expressly disclaim liability for errors and omissions in the contents of this Website. We do not represent that the content will be error-free, timely, free of viruses or other harmful elements, or that defects will be corrected. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this Website or its hyperlinks to other Internet resources.
Neither BPE or its suppliers, licensors or contractors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even in BPE or its suppliers, licensors or contractors have been advised of the possibility of these damages), as applicable under the law, arising out of or relating to your access or use or your inability to access or use this Website.
You agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, our Website or (b) any violation of these Terms by you.
These Terms are effective until terminated. We may, at anytime and for any reason, terminate your access to or use of our Website. If we terminate your access to our Website, you will not have the right to bring claims against us with respect to such termination. We shall not be liable for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Terms (including our right to cooperate with any legal process relating to your use of the Website).
These Terms are governed by and shall be construed in accordance with the laws of the State of Hawaii, U.S.A., without regard to its principles of conflicts of law.
We do not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to these Terms shall be settled or resolved by binding arbitration before a single arbitrator or Dispute Prevention & Resolution, pursuant to its commercial rules of mediation and arbitration in Honolulu, Hawaii. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the county of Honolulu in the State of Hawaii. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude us from seeking any injunctive relief in U.S. state or federal courts for protection of rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in the county of Honolulu in the State of Hawaii, and waive any jurisdictional, venue or inconvenient forum objections to such courts.