USER AGREEMENT
PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your use of this website is expressly conditioned on your acceptance of the following terms and conditions. By using this website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this website.
1. OWNERSHIP. This website, and each of its modules, together with the arrangement and compilation of the content found on this website, is the copyrighted property of Taste Worldwide, Inc. and/or its various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the 'Trademarks') are registered and common law Trademarks of Taste Worldwide, Inc., its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks (images, text and video) without the written permission of Taste Worldwide, Inc., or such other party that may own the Trademarks. The tracking software on this website is used for the purposes of identifying users to provide better product.
2. USE OF WEBSITE. Taste Worldwide, Inc. grants you a limited, non-transferable license to use this website in accordance with the terms and conditions of this User Agreement. You may only use this website to make legitimate purchases and shall not use this website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases or any reservation in anticipation of demand. This website and the content provided on this website, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Taste Worldwide, Inc., and/or its third party providers and distributors, except that you may download, display and print the materials presented on this website for your personal, non-commercial use only. You may not use any 'robot,' 'spider' or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the webpages, data or content found on this website, in any case without the prior written permission of Taste Worldwide, Inc. You agree that you will not transmit or otherwise transfer any webpages, data or content found on this website to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website. You agree that you will not take any action that imposes a burden or load on our infrastructure that Taste Worldwide, Inc. deems in its sole discretion to be unreasonable or disproportionate to the benefits Taste Worldwide, Inc. obtains from your use of the website. Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this website.
3. AGE AND RESPONSIBILITY. If you use this website, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your login information.
4. PRIVACY. You have read the TasteHawaiiOnline.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Taste Worldwide, Inc. and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the TasteHawaiiOnline.com Privacy Policy.
5. REVIEW OF TRANSMISSIONS. Taste Worldwide, Inc. may, from time to time monitor and review any information transmitted or received through this website and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Taste Worldwide, Inc. deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this website constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this website, you grant Taste Worldwide, Inc. and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Taste Worldwide, Inc. takes no responsibility and assumes no liability for any content posted or submitted by you.
6. EXCLUSION OF WARRANTY. TASTE WORLDWIDE, INC. AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. TASTE WORLDWIDE, INC. AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER TASTE WORLDWIDE, INC. NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM TASTE WORLDWIDE, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. TASTE WORLDWIDE, INC. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL TASTE WORLDWIDE, INC. OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEDSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY TASTE WORLDWIDE, INC. OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, Taste Worldwide, Inc. or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this website or its content, the liability of Taste Worldwide, Inc. and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this website, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Taste Worldwide, Inc. and without any liability whatsoever, Taste Worldwide, Inc. at anytime and without notice may terminate or restrict your access to any component of this website. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
8. INDEMNIFICATION. You shall defend and indemnify Taste Worldwide, Inc. and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this website.
9. PROMOTIONS. Taste Worldwide, Inc. frequently sponsors promotions to give consumers opportunities to gain great travel and travel-related benefits. Entrants who register for such promotions agree to take all reasonable steps to work out, in an amicable fashion, any business differences that may arise. In the event that the dispute cannot be worked out consensually, then the parties shall submit such disputes to arbitration before a single arbitrator to be chosen by Taste Worldwide, Inc. and subject to the rules of the American Arbitration Association.
10. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly 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 17 U.S.C 512 for details. Notices and counter-notices with respect to the website should be sent to Taste Worldwide, Inc., 369-B Third Street, Suite 531, San Rafael, CA 94901. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
11. LINKS. This website contains links to other websites which are provided solely as a convenience to you and not as an endorsement by Taste Worldwide, Inc., its third party providers or distributors of the contents of such other websites. None of Taste Worldwide, Inc. or any third party provider or distributor shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
12. RELATIONSHIP. The relationship between Taste Worldwide, Inc. and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
13. GOVERNING LAW. This User Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Marin County, California, United States of America, in all questions and controversies arising out of your use of this website and this User Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this website must be brought within two (2) years from the date on which such claim or action arose or accrued.
14. ATTORNEY'S FEES. If Taste Worldwide, Inc. or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
15. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Taste Worldwide, Inc. as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Taste Worldwide, Inc. shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, Your partners, or Your agents, as well as recover from You any and all costs and expenses sustained or incurred by Taste Worldwide, Inc. in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
16. TERMINATION. Taste Worldwide, Inc. may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this website or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Taste Worldwide, Inc. and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Taste Worldwide, Inc. and its third party providers or distributors, as applicable.
17. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
18. MODIFICATION. Taste Worldwide, Inc. may at any time modify these terms and conditions and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.
19. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this website, and you agree to abide by such other terms and conditions.
20. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
21. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
22. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.