OLELO|ONLINE TERMS AND CONDITIONS, USER AGREEMENT
(rev 2010-07-25, 2011-09-26, 2018-06-20)
This Agreement sets out the terms and conditions relating to the online content provided free of charge and content subject to payment (“Free and Paid-for Content”) that Olelo Online LLC (“the Siteowner”) will provide to you (“the User”).
By accessing oleloonline.com (“the Site”) the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business, the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorised to do so) the User should not use the Site.
If the User has any questions, he or she should contact the Siteowner, Olelo Online LLC, using the Contact Us form.
Services and Fees
The Siteowner shall provide both Free and Paid-for Content. This includes a subscription for Paid-for Content which is an available option. The Siteowner reserves the right to vary the Free and Paid-for Content and does not guarantee that the content provided free of charge (“Free Content”) will remain free of charge and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service.
The User shall agree to pay any subscription fees (“Fees”) at rates in effect when the charges are incurred. The User must provide the Siteowner with complete and accurate payment information. The User can pay online using a credit or debit card. By submitting credit or debit card details to the Siteowner, the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorised payment, the Siteowner reserves the right to suspend or terminate the User’s access to the Site and Paid-for Content. If no payment authorisation is received or payment authorisation is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any Paid-for Content and/or the Site. The Siteowner will try to process the User’s request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time. A contract with the User for any Paid-for Content will come into effect when the Username and Password are issued to the User. The User having paid the Fee for a subscription for the supply of Paid-for Content for a defined period the User will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the subscription for Paid-for Content. This does not affect the User’s statutory rights.
Registration, Passwords and Privacy
The User does not have to register to use the Site in order to access it and enjoy the content other than the Paid-for Content. If the User wishes to access the Paid-for Content, the User will be asked to provide the Siteowner with accurate, complete registration information, including contact details, and it is the User’s responsibility to update and maintain this information. The Siteowner is entitled to rely on this information to provide Paid-for Content. The User will also be requested to create a Password in a format specified by the Siteowner (“the Password”). The User shall neither disclose to, nor share, the Password with any other person or entity and shall ensure that the Password remains confidential at all times. In the event that the User knows or has a reasonable suspicion that a third party knows the User’s Password, the User shall notify the Siteowner immediately by contacting the Siteowner using the Contact Us form.
Using a standard Website Statistics Display for the Site, the Siteowner may periodically check the usage of any particular User to ensure that the aforementioned password confidentiality clause is being followed. If the Siteowner has reasonable grounds for believing that the User has misused or is misusing the Password, the Siteowner may require the User to change the Password or may suspend the User’s use of the access to the Site, including Paid-for Content, until such time as the Siteowner is satisfied that the security of the Site is no longer compromised by the User’s activities.
Limitations on Use of the Site
All content and services provided by the Siteowner belongs to the Siteowner (or is licensed to the Siteowner by licensors including WordPress, PayPal, Google, Stripe, and others). The Siteowner (or its licensors, including the aforementioned) own all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors or otherwise relating to the Site.
Limitation of Liability and Indemnity
The User expressly agrees that the use of, and browsing of, the Site is at the User’s own risk. Neither the Siteowner nor any other third-party involved in creating, producing, or delivering the Site, is liable for any direct, incidental, special, consequential, indirect, or punitive damages arising out of the User’s access to, or use of, or inability to use, the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages.
The User expressly agrees that the downloading of any material from the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing, or delivering the Site, is liable for any direct, incidental, special, consequential, indirect, or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check his or her local laws for any restrictions or limitations regarding the exclusion of implied warranties.
While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make his or her own decisions on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but does not make any commitment to update the information displayed on this Site. No third-party (other than the Siteowner) involved in the workings of the Site will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User’s use of the Site.
From time to time the Siteowner may make available to the User links from the site to third party sites. These sites are not thoroughly approved, checked, edited, vetted, or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
The User agrees to indemnify, keep indemnified, defend, and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. The Siteowner reserves the right, at his own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defence of such claim.
Consequences of Breach of these Terms
In the event that the Siteowner considers or determines, in complete discretion, that the User has breached, violated, or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services, they reserve the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content; and (c) take measures (including terminating, suspending, or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site.
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
Proper Law and Jurisdiction
This Agreement and all matters arising from it shall be governed by and construed according to the laws of the State of Hawaii (United States) and shall be subject to the exclusive jurisdiction of the courts of Hawaii.
This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that he or she has not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.