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Aloha Chapter User Policy
AFP HAWAII WEB SITE
TERMS
OF USE and NOTICES
AGREEMENT
BETWEEN USER AND AFP HAWAII
Your
use of a particular AFP HAWAII Web Site included within the AFP
HAWAII Web Sites may also be subject to additional terms
outlined elsewhere in this agreement.
Additionally, the AFP HAWAII Web Sites may themselves
contain additional terms that govern particular features or
offers (for example, sweepstakes or special offers).
In the event that any of the terms, conditions, and
notices contained herein conflict with the Additional Terms or
other terms and guidelines contained within any particular AFP
HAWAII Web Site, then these terms shall control.
Click
on the links included below for specific terms and conditions,
which govern these additional AFP Hawaii web sites and/or
services:
- PRIVACY AND PROTECTION OF
PERSONAL INFORMATION
- MEMBER ACCOUNT, PASSWORD,
AND SECURITY
- MODIFICATION OF THESE
TERMS OF USE
- PERSONAL AND
NON-COMMERCIAL USE LIMITATION
- LINKS OR ADVERTISING OF
THIRD PARTY SITES
- NO UNLAWFUL OR PROHIBITED
USE
- USE OF SERVICES
- LIABILITY DISCLAIMER
- STORAGE SPACE AND OTHER
LIMITATIONS
- SERVICE CONTACT:
webmaster@AFPHawaii.com
- TERMINATION/ACCESS
RESTRICTION
- LANGUAGE
- GENERAL
- COPYRIGHT AND TRADEMARK
NOTICES
- CLAIMS OF COPYRIGHT
INFRINGEMENT
- STATISTICS
- NO PROFESSIONAL ADVICE
- SHOPPING
- SPECIFIC
RESTRICTIONS ON USE OF ASSOCIATED PRESS MATERIAL
- AUCTIONS:
ELIGIBILITY;
AUTHORIZED USE
- FEES; PAYMENT
- USING PARTNER SERVICES
- UNSUBSCRIBE
1.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
For
disclosures relating to the collection and use of your
information, the
AFP – Aloha Chapter websites follow the guidelines as dictated
by the Privacy Statement on our national AFP website at http://www.afpnet.org .
2.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If
a particular AFP HAWAII Site/Service requires you to use a
password, you must be registered and approved by the AFP
permission process by providing us with current, complete, and
accurate information. You will then be given a password and user
name. If provided,
you are entirely responsible for maintaining the confidentiality
of your password and account.
Furthermore,
you are entirely responsible for any and all activities that
occur under your account. You agree to notify AFP Hawaii
immediately of any unauthorized use of your account or any other
breach of security. AFP Hawaii will not be liable for any loss
that you may incur as a result of someone else using your
password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by AFP
Hawaii or another party due to someone else using your account
or password. You may not use anyone else's account at any time
without the permission of the account holder, but all users must
be registered with the AFP office.
3.
MODIFICATION OF THESE TERMS OF USE
AFP
Hawaii reserves the right to change the terms, conditions, and
notices under which the AFP HAWAII Sites/Services are offered,
including but not limited to the charges associated with the use
of the AFP HAWAII Sites/Services. You are responsible for
regularly reviewing these terms and conditions and additional
terms posted on particular websites. Your continued use of the
AFP HAWAII Sites/Services constitutes your agreement to all such
terms, conditions, and notices.
4.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless
otherwise specified, the AFP HAWAII Sites/Services are for you
and your organization’s informational use. You may not modify,
copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained
from the AFP HAWAII Sites/Services.
5.
LINKS OR ADVERTISING OF THIRD PARTY SITES
The
AFP HAWAII Sites/Services may contain links to third party Web
sites ("Linked Sites"). The Linked Sites are not under
the control of AFP Hawaii and AFP Hawaii is not responsible for
the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates
to a Linked Site. AFP Hawaii is not responsible for webcasting
or any other form of transmission received from any Linked Site
nor is AFP Hawaii responsible if the Linked Site is not working
appropriately. AFP Hawaii is providing these links to you only
as a convenience, and the inclusion of any link does not imply
endorsement by AFP Hawaii of the site or any association with
its operators. You are responsible for viewing and abiding by
the privacy statements and terms of use posted at the Linked
Sites.
Any
dealings with third parties (including advertisers) included
within the AFP HAWAII Sites/Services or participation in
promotions, including the delivery of and the payment for goods
and services, and any other terms, conditions, warranties or
representations associated with such dealings or promotions, are
solely between you and the advertiser or other third party. AFP
Hawaii shall not be responsible or liable for any part of any
such dealings or promotions.
AFP
Hawaii will accept any request for web-advertising space from
the online inquiry form. The
Board of Directors of AFP will vote as a Board whether to accept
the request on a first come first serve basis.
The AFP Board of Directors reserved the right to change
web-advertising space as needed.
The following guidelines are as follows:
1).
Ads and links will not be sold to organizations that conflict
with the AFP Standard of Ethics.
2).
Discussion and acceptance of Ads/links are approved by 50% of
the AFP BOD.
3).
Complaints are to be submitted to any member of the Executive
AFP Board of Directors.
4).
Managers and hosts are not authorized AFP Hawaii spokespersons,
and their views do not necessarily reflect those of AFP Hawaii.
6.
NO UNLAWFUL OR PROHIBITED USE
As
a condition of your use of the AFP HAWAII Sites/Services, you
will not use the AFP HAWAII Sites/Services for any purpose that
is unlawful or prohibited by these terms, conditions, and
notices. You may not use the AFP HAWAII Sites/Services in any
manner which could damage, disable, overburden, or impair any
AFP HAWAII Site/Services (or the networks connected to any AFP
HAWAII Site/Services) or interfere with any other party's use
and enjoyment of any AFP HAWAII Site/Services. You may not
attempt to gain unauthorized access to any AFP HAWAII
Site/Service, other accounts, computer systems or networks
connected to any AFP HAWAII Site/Service, through hacking,
password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means
not intentionally made available through the AFP HAWAII
Sites/Services.
7.
USE OF SERVICES
The
AFP HAWAII Sites/Services may contain e-mail services, bulletin
board services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed to
enable you to communicate with others (collectively,
"Communication Services"). You agree to use the
Communication Services only to post, send and receive messages
and material that are proper and, when applicable,
related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a
Communication Service, you will not:
·
Use the Communication Service in connection with
surveys, contests, pyramid schemes, chain letters, junk email,
spamming or any duplicative or unsolicited messages (commercial
or otherwise) that are not approved by AFP Hawaii.
·
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
·
Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
·
Upload files that contain software or other
material protected by intellectual property laws (or by rights
of privacy or publicity) unless you own or control the rights
thereto or have received all necessary consents to do the same.
·
Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer or property of another.
·
Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication
Service specifically allows such messages.
·
Download any file posted by another user of a
Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
·
Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of
the origin or source of software or other material contained in
a file that is uploaded.
·
Restrict or inhibit any other user from using and
enjoying the Communication Services.
·
Violate any code of conduct or other guidelines
that may be applicable for any particular Communication Service.
·
Harvest or otherwise collect information about
others, including e-mail addresses.
·
Violate any applicable laws or regulations.
·
Create a false identity for the purpose of
misleading others.
·
Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity any directory
of users of an AFP HAWAII Site/Service(s) or other user or usage
information or any portion thereof.
AFP
Hawaii has no obligation to monitor the Communication Services.
However, AFP Hawaii reserves the right to review materials
posted to a Communication Service and to remove any materials in
its sole discretion. AFP Hawaii reserves the right to terminate
your access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever.
AFP
Hawaii reserves the right at all times to disclose any
information as AFP Hawaii deems necessary to satisfy any
applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in AFP Hawaii's sole
discretion.
Always
use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. AFP Hawaii does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, AFP Hawaii specifically disclaims any liability with
regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Materials
uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination, you are
responsible for adhering to such limitations if you download the
materials.
MATERIALS
PROVIDED TO AFP HAWAII OR POSTED AT ANY AFP HAWAII WEB SITE
AFP
Hawaii does not claim ownership of the materials you provide to
AFP Hawaii (including feedback and suggestions) or post, upload,
input or submit to any AFP HAWAII Site/Service or its associated
services for review by the general public (each a
"Submission" and collectively
"Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are
granting AFP Hawaii, its affiliated companies and necessary
sublicenses permission to use your submission in connection with
the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection
with your Submission.
No
compensation will be paid with respect to the use of your
Submission, as provided herein. AFP Hawaii is under no
obligation to post or use any Submission you may provide and AFP
Hawaii may remove any Submission at any time in its sole
discretion.
By
posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in
this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
8.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE AFP HAWAII SITES/SERVICES
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY MADE TO THE AFP HAWAII SITES/SERVICES AND TO THE
INFORMATION THEREIN. AFP HAWAII AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AFP HAWAII
SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE AFP HAWAII
SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
AFP HAWAII CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE AFP HAWAII
SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. AFP HAWAII AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT AFP HAWAII SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR
NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
AN AFP HAWAII SITE/SERVICE. YOU SPECIFICALLY AGREE THAT AFP
HAWAII IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF
ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE
THAT AFP HAWAII IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING
AND/OR INCLUDED IN AN AFP HAWAII SITE/SERVICE BY ANY THIRD
PARTY.
IN NO EVENT SHALL AFP HAWAII AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE AFP HAWAII SITES/SERVICES, WITH THE DELAY OR
INABILITY TO USE THE AFP HAWAII SITES/SERVICES OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE AFP HAWAII SITES/SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF THE AFP HAWAII
SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF AFP HAWAII OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AFP HAWAII
SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AFP HAWAII
SITES/SERVICES.
9.
STORAGE SPACE AND OTHER LIMITATIONS
The
amount of storage space per user is limited for each AFP HAWAII
Site/Service which provides such storage, please visit the
applicable FAQ pertaining to that service for more information.
Some messages may not be processed due to space constraints or
may be postponed in deliver or outbound message limitations. You
agree that AFP Hawaii is not responsible or liable for the
deletion or failure to receive messages, store messages, or
other information.
10.
SERVICE CONTACT:
Webmaster@AFPHawaii.com
11.
TERMINATION/ACCESS RESTRICTION
AFP
Hawaii reserves the right, in its sole discretion, to terminate
your access to any or all AFP HAWAII Sites/Services and the
related services or any portion thereof at any time, without
notice.
AFP
Hawaii may also terminate or suspend your access to AFP HAWAII
Site/Service(s) for inactivity, which is defined as failing to
log into a particular service for an extended period of time, as
determined by AFP Hawaii. Upon termination of the AFP HAWAII
Site/Service, your right to use the AFP HAWAII Site/Service
immediately ceases. AFP Hawaii shall have no obligation to
maintain any content or to forward any unread or unsent messages
to you or any third party, but will to the best of it’s
ability, maintain and forward content as requested.
12.
LANGUAGE
It
is the express will of the parties that this agreement and all
related documents have been drawn up in English.
13.
GENERAL
The
laws of the State of Hawaii, U.S.A, govern this agreement. You
hereby irrevocably consent to the exclusive jurisdiction and
venue of courts in Honolulu, Hawaii U.S.A. in all disputes
arising out of or relating to the use of the AFP HAWAII
Sites/Services. Use of the AFP HAWAII Sites/Services is
unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between
you and AFP Hawaii as a result of this agreement or use of the
AFP HAWAII Sites/Services. You agree to indemnify and hold AFP
Hawaii, its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any third party due to
or arising out of your use of or conduct on the AFP HAWAII
Sites/Services.
AFP
Hawaii reserves the right to disclose any personal information
about you or your use of the AFP HAWAII Sites/Services,
including its contents, without your prior permission if AFP
Hawaii has a good faith belief that such action is necessary to:
(1)
conform to legal requirements or comply with legal
process;
(2)
protect and defend the rights or property of AFP
Hawaii or its affiliated companies;
(3)
enforce the terms or use; or
(4)
act to protect the interests of its members or
others.
AFP
Hawaii's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement
is in derogation of AFP Hawaii's right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the AFP HAWAII Sites/Services or
information provided to or gathered by AFP Hawaii with respect
to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in
effect.
Unless
otherwise specified herein, this agreement constitutes the
entire agreement between the user and AFP Hawaii with respect to
the AFP HAWAII Sites/Services and it supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between the user and AFP Hawaii
with respect to the AFP HAWAII Sites/Services. A printed version
of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
14.
COPYRIGHT AND TRADEMARK NOTICES:
AFP
Hawaii and/or its national AFP Office own all contents of the
AFP HAWAII Web Sites. All rights reserved. The names of actual
companies and products mentioned herein may be the trademarks of
their respective owners. The
example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred. Any rights not expressly granted herein are reserved.
15.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant
to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement be sent to:
webmaster@afphawaii.org
.
**SPECIAL
NOTE *** ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY
FOR NOTIFYING AFP Hawaii THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER
INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF
EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT
RECEIVE A RESPONSE THROUGH THIS PROCESS.
For other inquiries contact webmaster@afphawaii.org
.
Written notification must be submitted to the following Designated Agent.
Full
Address of Designated Agent to which notification should be
sent:
AFP – Aloha Chapter
c/o Chapter President
To
be effective, the Notification must include the following:
1.
A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
2.
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;
3.
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;
4.
Information reasonably sufficient to permit the
service provider to contact the Complaining Party, such as an
address, telephone number, and if available, an electronic mail
address at which the complaining party may be contacted;
5.
A statement that the Complaining Party has 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;
6.
A statement that the information in the
notification is accurate, and under penalty of perjury, that the
Complaining Party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Upon
receipt of the written Notification containing the information
as outlined in 1 through 6 above:
1.
AFP Hawaii shall remove or disable access to the
material that is alleged to be infringing;
2.
AFP Hawaii shall in it’s best effort forward the
written notification to such alleged infringer.
3.
AFP Hawaii shall take reasonable steps to promptly
notify the alleged infringer that it has removed or disabled
access to the material.
Counter
Notification:
To be effective, a Counter Notification must be a written
communication provided to the AFP Hawaii’s Designated Agent
that includes substantially the following:
1.
A physical or electronic signature of the
Subscriber;
2.
Identification of the material that has been
removed or to which access has been disabled and the location at
which the material appeared before it was removed or access to
it was disabled;
3.
A statement under penalty of perjury that the
Subscriber has a good faith belief that the material was removed
or disabled as a result of mistake or misidentification of the
material to be removed or disabled;
4.
The Subscriber's name, address, and telephone
number, and a statement that the Subscriber consents to the
jurisdiction of Federal District Court for the judicial district
in which the address is located, or if the Subscriber's address
is outside of the United States, for any judicial district in
which the Service Provider may be found, and that the Subscriber
will accept service of process from the person who provided
notification or an agent of such person
Upon
receipt of a Counter Notification containing the information as
outlined in 1 through 4 above:
1.
AFP Hawaii shall promptly provide the Complaining
Party with a copy of the Counter Notification;
2.
AFP Hawaii shall inform the Complaining Party that
it will replace the removed material or cease disabling access
to it within ten (10) business days;
3.
AFP Hawaii shall replace the removed material or
cease disabling access to the material within ten (10) to
fourteen (14) business days following receipt of the Counter
Notification, provided AFP Hawaii’s Designated Agent has not
received notice from the Complaining Party that an action has
been filed seeking a court order to restrain the alleged
infringer from engaging in infringing activity relating to the
material on AFP Hawaii’s website or related services.
16.
STATISTICS
Periodically statistics or survey results may be provided by AFP
Hawaii or it’s project partners to help facilitate issues
related to fundraising in Hawaii. The accuracy of the statistics
as obtained is assumed to be correct, but is not guaranteed. No
inferences should be drawn regarding the likelihood of an event
occurring or not occurring at a particular location based on the
statistics or published.
17.
NO PROFESSIONAL ADVICE
The information appearing in email alerts is intended solely as
general guidance on fundraising, and does not constitute legal,
tax, accounting or other professional advice. State law in part
guides contracts, closing procedures and disclosures. Individual
situations and state laws vary and users are encouraged to
obtain appropriate advice from qualified professionals in the
applicable jurisdictions.
18.
SHOPPING
AFP
HAWAII may provide the merchants' links to you and various links
throughout AFP HAWAII; however, each individual merchant
participating at AFP HAWAII is responsible for setting and
explaining their individual shipping, return, security and other
policies applicable to shopping in their stores and purchasing
their products. AFP HAWAII does not guarantee, warrant or
endorse any product or service sold by a merchant in AFP HAWAII
Shopping, nor do we have any liability or responsibility for the
quality or performance of any product or service sold to you by
any merchant. The purchase of any product or service from a
merchant at AFP HAWAII Shopping is a transaction solely between
you and that merchant, and any question or dispute you may have
regarding any such product or service should be addressed
directly to the responsible merchant. AFP HAWAII has no
responsibility or liability for any merchant or your
relationship with such merchant.
You
are responsible for paying the entire amount due on your
purchase, including any applicable taxes, shipping and other
charges assessed by the merchant. With respect to applicable
taxes, the merchant will advise you subsequently of the exact
amount of tax due on your purchase. AFP HAWAII has no
responsibility whatsoever for any miscalculation or omission by
a merchant of applicable taxes on any sale.
You
represent and warrant that you are at least 18 years of age if
required on a linked site and that you possess the legal right
to use AFP HAWAII or it’s partner links in accordance with the
stated terms and usage policies. You hereby agree to supervise
usage by, and be responsible for the actions of, any minors who
use your computer and/or registration account to access AFP
HAWAII.
19.
SPECIFIC RESTRICTIONS ON USE OF ASSOCIATED PRESS MATERIAL
Associated Press text, photo, graphic, audio and/or video
material shall not be published, broadcast, rewritten for
broadcast or publication or redistributed directly or indirectly
in any medium. Neither these AP materials nor any portion
thereof may be stored in a computer except for personal and
non-commercial use. AP will not be held liable for any delays,
inaccuracies, errors or omissions therefrom, or in the
transmission or delivery of all or any part thereof or for any
damages arising from any of the foregoing.
20.
AUCTIONS: ELIGIBILITY;
AUTHORIZED USE
If you are buying or selling goods using the partner services,
you further warrant that you have legal authority to enter into
other binding agreements for the sale or purchase of goods. You
agree to be financially responsible for all of your use of the
partner services (as well as for use of your account by others,
including without limitation minors living with you). You agree
to supervise and be responsible for all usage of minors of the
partner services under your name or account. You also warrant
that all information supplied by you or members of your
household in using the partner services, including without
limitation your name, email address, street address, telephone
number, credit card number, and if you are selling goods, all
information about your listed goods, is true and accurate.
Failure to provide accurate information may subject you to civil
and criminal penalties.
21.
FEES; PAYMENT
AFP Hawaii reserves the right to charge listing fees for certain
listings, as well as transaction fees based on certain completed
transactions using the partner services. AFP Hawaii further
reserves the right to alter any and all fees from time to time,
without notice. You shall be completely responsible for all
charges, fees, duties, taxes, and assessments arising out of the
use of the partner services.
22.
USING PARTNER SERVICES
AFP Hawaii websites are offered solely as a forum for you to
utilize the AFP Hawaii Partner Services to buy and sell goods.
AFP Hawaii is not involved in any transaction between you and
any other party who uses this Site, and is not acting as your or
any other party's agent. AFP Hawaii cannot screen, censor or
otherwise control the listings or any transactions, including
whether a listing is accurately described, whether an item can
be legally purchased or sold in your jurisdiction, or whether a
transaction will be completed as described by the seller or the
buyer. Further, AFP Hawaii cannot control or warrant the
behavior of the users of the Services. As such, your use of AFP
HAWAII Auctions & Classifieds and its Services is at your
own risk, and AFP Hawaii disclaims any liability with regard to
use of the Services and any actions resulting from your or any
other party's participation in the Services.
You
hereby agree to release AFP Hawaii, its suppliers, service
partners, agents, employees, consultants, officers and directors
from all claims, demands and damages, whether actual or
consequential, of every kind, whether known or unknown,
disclosed or undisclosed, arising out of or relating to any and
all listings, transactions, or any other use of AFP HAWAII
Auctions & Classifieds and the Services. Further, because
AFP Hawaii is not involved in any transactions between you and
other users of the Services, AFP Hawaii cannot and will not be
involved in resolving any disputes relating to any completed or
uncompleted transaction for the purchase or sale of listed
goods.
You
warrant that you will abide by all such additional procedures
and guidelines, as modified from time to time, in connection
with your use of the Services. You further warrant that you will
comply with all applicable laws and regulations regarding use of
the Services. Without limitation, as a partner service, by
listing an item for sale, you represent and warrant that you
have the legal right to sell the item, that the item is not
counterfeit, and that it is a genuine and authentic item as
described by the seller; by making a bid or offer to purchase,
you warrant that you have the legal right to make the bid and
the resources to honor the bid.
It
is your responsibility to determine whether the purchase or sale
of any listed item is authorized by law, statute, or regulation.
Without limitation, the following items may not be sold or
offered for sale on the AFP HAWAII website: firearms,
explosives, and ammunition; alcoholic beverages; tobacco
products; food that is not packaged or does not comply with all
applicable laws for sale to consumers by commercial merchants;
pharmaceuticals and controlled substances; software; recordings
of music on CD or cassette or in digital format; movies; video
games; counterfeit, pirated or stolen goods; any goods that
infringe or otherwise violate another party's rights, including
copyright, patent, trademark, or rights of publicity or privacy;
goods that are, in AFP Hawaii's sole discretion, indecent,
obscene or pornographic; Nazi memorabilia; registered or
unregistered securities; goods which you do not have the legal
right to sell; goods which are misrepresented or which do not in
fact exist; goods which, if sold via the Services, would cause
AFP Hawaii to violate any law, statute or regulation.
AFP
Hawaii reserves the right to cancel any listing or bid at any
time for any reason, with or without cause, and reserves the
right to prohibit or restrict access to the Services to anyone
at any time, with or without cause.
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