TERMS OF USE

This website (the “Site”) is owned and operated by Knaak Knaak Media & Marketing (“Knaak Knaak”) by arrangement with and licenses from our service provider, www.siteground.com (“SiteGround”). By using and accessing the Site and/or logging on to the Site you expressly acknowledge that you have read and understand these terms of use (“Terms of Use”) and agree to be bound by the Terms of Use. These Terms of Use form a legally binding agreement between Knaak Knaak (and SiteGround, as applicable) and you.

1. USE OF THE SITE

Knaak Knaak may modify or change the Terms of Use at any time by posting notice of such change on Site. Your continued use of Site after the effective date of such notice will constitute acknowledgment and acceptance of the revised Terms of Use.

Knaak Knaak may make certain information or services available via the Site only pursuant to additional guidelines, rules, or agreements applicable to such services, which may be posted from time to time.

You are entitled to view, copy, and print any documents that are made generally available on the Site but only for your own internal business purposes. Any sale, transmission, or redistribution of the Site or its content, and any copying, modification, or other use of the Site or its content for any purposes other than your own internal business purposes, are strictly prohibited.

You are prohibited from using the Site to gain unauthorized access, directly or indirectly, to Knaak Knaak’s computer systems or a third party’s computer systems. You shall not interfere with another user’s use or enjoyment of the Site.

Knaak Knaak reserves the right for itself and for SiteGround, in its sole discretion, to take action that either of them deems appropriate for violations of this Terms of Use, including but not limited to terminating your access to the Site, filing of criminal charges against you, or the initiating of a civil action against you.

To the extent required to do so by law, Knaak Knaak (and SiteGround, as applicable) will fully cooperate with any law enforcement authorities or court order requesting or directing either of them to disclose information regarding users of the Site.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

2. PRIVACY POLICY

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy on the Site.

3. PROPRIETARY RIGHTS

The Site contains proprietary information that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Knaak Knaak you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Knaak Knaak and SiteGround, being asked to remove material that allegedly violates someone’s copyright. Knaak Knaak respects others’ intellectual property rights and reserves the right to delete or disable any content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. When Knaak Knaak receives a report of allegedly infringing content on the site, it will comply in accordance with the Knaak Knaak Copyright Policy below.

4. TERMINATION

Knaak Knaak may terminate your access to or use of the Site and remove and discard any content within the Site, for any reason. Knaak Knaak may also discontinue providing the Site, or any part thereof, with or without notice. In addition, Knaak Knaak on its own or through SiteGround, may terminate your access to or use of the Site, and remove and discard any content within the Site, if your use of the Site, or if the content you provide through the Site, violates this Terms of Use or is determined by Knaak Knaak to be harmful or illegal or to a pose a threat to the safety and security of Knaak Knaak, SiteGround, and their respective personnel and/or technology infrastructure. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Knaak Knaak may immediately deactivate or delete all related information and files. Further, you agree that Knaak Knaak shall not be liable to you or any third-party for any termination of your access to the Site.

5. LINKS TO THIRD PARTY SITES

The Site may provide links to third party website(s) or resources. Such website(s) are publicly available and Knaak Knaak, by arrangement with SiteGround or otherwise, is providing access to such website(s) through the Site solely as a convenience to you. Because Knaak Knaak and SiteGround have no control over such sites and resources, you acknowledge and agree that neither of them is responsible for the availability of such external sites or resources. The fact that access to such website(s) is provided does not constitute any endorsement, authorization, or sponsorship of such website(s) or their sponsors by Knaak Knaak or SiteGround. Neither Knaak Knaak nor SiteGround endorses or is responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that neither Knaak Knaak nor SiteGround shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. You understand and agree that you will use or rely on such web sites solely at your own risk and that neither Knaak Knaak nor SiteGround grants to you any rights in respect of such website(s).

6. INDEMNITY

You agree to indemnify, release, and hold harmless each of Knaak Knaak, SiteGround, and each of their affiliates, employees, officers, agents, licensors, and service providers from and against any and all liabilities, expenses (including attorney’s fees), and damages arising out of claims resulting from your use of or inability to use the Site or the content appearing on the Site.

7. DISCLAIMER OF WARRANTIES

a. KNAAK KNAAK AND SITEGROUND STRIVE TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THIS SITE. HOWEVER, NEITHER KNAAK KNAAK NOR SITEGROUND MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THIS SITE. NEITHER KNAAK KNAAK NOR SITEGROUND ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KNAAK KNAAK AND SITEGROUND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

b. NEITHER KNAAK KNAAK NOR SITEGROUND MAKES ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KNAAK KNAAK OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

8. LIMITATION OF LIABILITY

a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER KNAAK KNAAK NOR SITEGROUND SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.

b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

9. NOTICE

Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on the Site.

10. GENERAL INFORMATION

a. The failure of Knaak Knaak or SiteGround to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Terms of Use, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this Terms of Use will continue in full force and effect.

b. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

c. THIS TERMS OF USE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT GIVING REGARD TO THE CHOICE OF LAW PROVISIONS OF THE STATE. IN THE EVENT THAT ANY PROVISION OF THIS TERMS OF USE OR ANY PART HEREOF IS FOUND INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS TERMS OF USE WILL BE BINDING ON THE PARTIES HERETO AND WILL BE CONSTRUED AS IF THE INVALID OR UNENFORCEABLE PROVISION OR PART THEREOF HAD BEEN DELETED.

d. Certain activities provided via the website may be licensed under U.S. Patents.