Changes to Terms
This Agreement may be updated by the Company from time to time, and may be amended to incorporate additional terms specific to certain additional ShipToHawaii products or services, which you choose to purchase or license. All such updates and changes are effective immediately upon notice thereof, which we may provide by any means, including, but not limited to, posting a revised version of this Agreement or other notice on this Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its contents, at any time without prior notice to you.
Access, Registration and Use
In this Agreement, "you" refers to an individual accessing this Site, regardless of any particular Company products or services purchased or licensed. To the extent applicable, "you" also includes the corporation or other legal entity (the "Customer"), if any, on whose behalf you are accessing this Site. Though registration is not required to access and use certain features and materials that we make available on the Site, you must register with Company as a subscriber or member in order to take advantage of the features and benefits of Company (as described below). You agree that all information that you provide to Company in connection with your access to and use of the Site (including, but not limited to, all information that you may provide in the ShipToHawaii subscriber/member registration process) is true, accurate and complete to the best of your knowledge, belief and ability, and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. We reserve the right to terminate this Agreement and to refuse, restrict or discontinue service or access to the Site, or any portion or features of this Site, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including but not limited to, termination of your use of the Site and your ShipToHawaii membership (as described below), in the event that any information provided by you in the basic registration or ShipToHawaii membership registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or any license, purchase order, Air Waybill, or other agreement that you have with us.
Before continuing to access and use the Site, you must obtain all required consents and approvals from Customer and from any clients or other third parties who may be affected by, or may need to consent to, your access to and use of the Site and any of the materials, products and services provided through the Site, whether such consents and approvals are required by law or otherwise.
ShipToHawaii takes commercially reasonable measures to secure and protect information transmitted to and from the Site, however we cannot and do not guarantee that any such communications or any electronic commerce conducted on or through the Site is or will be totally secure. You are responsible for maintaining the confidentiality of any login or ID (your "User ID") and any password that may be assigned to you by ShipToHawaii, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify us of any unauthorized use of your User ID or password or any other breach of Site security of which you become aware. We cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID and password.
ShipToHawaii respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the Site and to collect and provide the materials, products and services that are available through the Site. You understand and agree that Company owns or (where required, appropriate or applicable) has been licensed by third parties to use all right, title and interest in and to the Site and the products and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the "Content," but expressly excluding the content of individual Government or other informational documents that are accessed, used or obtained on or through the Site). You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you do not acquire any ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of ShipToHawaii and its licensors.
Use of Content
ShipToHawaii grants you a limited license to access and make personal use of this Site and the Content for legitimate purposes. Except as expressly provided for in this Agreement or in an applicable, validly executed license or service agreement between you or Customer and Company, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Content in any other manner or for any other purpose constitutes an infringement of ShipToHawaii's intellectual property and other proprietary rights. Other than as necessary and required to facilitate your personal use, you may not reproduce, perform, create derivative works from, republish, upload, post, retransmit, or redistribute in any way whatsoever any Content from this Site, or any other website owned or operated by ShipToHawaii, without the prior written permission of ShipToHawaii. Use of the Content or any portion thereof on any other website or other networked computer environment is expressly prohibited without prior written permission from ShipToHawaii. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content. Except as expressly authorized by ShipToHawaii in writing, you shall not in any event reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or the Site, or access to or use of the Content and the Site.
ShipToHawaii owns or where required, appropriate or applicable has been licensed by third parties to use all right, title and interest in and to the ShipToHawaii software (collectively, with the associated documentation and other materials, "Software"). The Software constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights recognized by, and the laws and international treaties of, the United States and other countries. If provided to or obtained by you or Customer, you may only use the Software pursuant to a subscription purchased from ShipToHawaii or its authorized sales representatives and for which you have paid the applicable license fees.
Compliance with Law
You access and use of this Site and the materials, products and services available on or through the Site at your own initiative and risk. In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. You expressly agree to comply with all applicable laws regarding the transmission of data or information out of the country in which you reside. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including but not limited to, certain encryption software. These assurances and commitments by you shall survive the termination of this Agreement.
For your convenience, certain hyperlinks may be provided on the Site which link to other websites that are not under the control of ShipToHawaii. ShipToHawaii does not sponsor or endorse such websites and is not responsible for the accuracy, content or any aspect thereof. ShipToHawaii disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves. We also disclaim all liability and make no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions thereof. You agree that you will not bring any lawsuit or claim against ShipToHawaii arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. Links do not imply that ShipToHawaii is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of ShipToHawaii or any of its affiliates.
Although ShipToHawaii strives to make this Site and the materials (such as ShipToHawaii documents), products and services provided through this Site helpful, reliable and current, you understand that your access to and use of the Site and all materials, products and services available through it and ShipToHawaii are at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Site and ShipToHawaii are (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you or Customer may desire to use them; and (ii) free of viruses and other destructive components. ALL MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND THROUGH SHIPTOHAWAII ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. SHIPTOHAWAII DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. SHIPTOHAWAII DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS (INCLUDING, BUT NOT LIMITED TO, SHIPTOHAWAII DOCUMENTS), PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND THROUGH SHIPTOHAWAII ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR CUSTOMER MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Content and Maintenance of ShipToHawaii Documents
SHIPTOHAWAII DOES NOT ASSUME ANY RESPONSIBILITY OR OTHER OBLIGATION WHATSOEVER FOR THE SELECTION, MAINTENANCE AND UPDATING OF SHIPTOHAWAII DOCUMENTS ACCESSIBLE, ACCESSED AND OBTAINED ON OR THROUGH THE SITE OR OTHER PRODUCTS AND SERVICES OF SHIPTOHAWAII, BY OR ON BEHALF OF YOU OR CUSTOMER. SHIPTOHAWAII SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, DAMAGE OR EXPENSE RELATING TO THE SELECTION, MAINTENANCE, UPDATING, RETENTION, AVAILABILITY, ACCESSIBILITY OR USE OF SHIPTOHAWAII DOCUMENTS BY YOU, CUSTOMER, OR ANY THIRD PARTY. YOU ARE RESPONSIBLE FOR CONFIRMING THAT ANY SHIPTOHAWAII DOCUMENT THAT YOU MAY ACCESS, SELECT, USE OR OTHERWISE OBTAIN FROM THE SITE OR SHIPTOHAWAII, IS APPLICABLE TO AND APPROPRIATE FOR THE SPECIFIC PRODUCT FOR WHICH YOU SEEK OR NEED A SHIPTOHAWAII DOCUMENT. YOU ACKNOWLEDGE THAT SHIPTOHAWAII DOES NOT PRODUCE THE INFORMATION CONTAINED IN SHIPTOHAWAII DOCUMENTS AND THAT SHIPTOHAWAII DOES NOT ASSUME ANY RESPONSIBILITY, LIABILITY OR OBLIGATION WHATSOEVER WITH RESPECT TO THE ACCURACY, USEFULNESS, COMPLETENESS OR CURRENCY OF INFORMATION CONTAINED IN ANY SHIPTOHAWAII DOCUMENT ACCESSED OR ACCESSIBLE ON OR THROUGH THE SITE OR THE PRODUCTS AND SERVICES OF SHIP TO AHWAII.
Limitation of Liability
NEITHER SHIPTOHAWAII, ITS SUBSIDIARIES, CONTRACTORS, SUPPLIERS, CO-BRANDERS AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS, PRINCIPALS, MEMBERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES AS LISTED ABOVE IN THIS SENTENCE, COLLECTIVELY REFERRED TO AS "SHIPTOHAWAII ASSOCIATES"), SHALL BE LIABLE TO YOU, CUSTOMER, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, NEGLIGENT USE OR NON-USE, OR YOUR RELIANCE ON OR FAILURE TO RELY ON THE SITE, THE CONTENT, AND THE MATERIALS (INCLUDING, BUT NOT LIMITED TO, SHIPTOHAWAII DOCUMENTS), PRODUCTS AND SERVICES ACCESSIBLE, ACCESSED OR USED ON OR THROUGH THE SITE OR SHIPTOHAWAII; (B) ANY DECISIONS MADE OR NOT MADE, OR ACTIONS TAKEN OR NOT TAKEN BY YOU, CUSTOMER, OR ANY THIRD PARTY WITH REGARD TO, IN RELIANCE ON, OR AS A RESULT OF, ACCESS AND USE OF THE SITE, THE CONTENT, AND THE MATERIALS (INCLUDING, BUT NOT LIMITED TO, SHIPTOHAWAII DOCUMENTS), PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND SHIPTOHAWAII; (C) SHIPTOHAWAII'S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT; (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH SHIPTOHAWAII. SHIPTOHAWAII ASSOCIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU, CUSTOMER, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE, NEGLIGENT USE OR NON-USE OF MATERIALS (INCLUDING, BUT NOT LIMITED TO, SHIPTOHAWAII DOCUMENTS), PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR SHIPTOHAWAII, THE USE, COPYING OR DISPLAY OF THIS SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF SHIPTOHAWAII), EVEN IF SHIPTOHAWAII WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE SHIPTOHAWAII ASSOCIATES SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE SHIPTOHAWAII ASSOCIATES ARE FOUND LIABLE TO YOU, CUSTOMER, OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE SHIPTOHAWAII ASSOCIATES' COLLECTIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.00.
You agree to indemnify, defend and hold all of the ShipToHawaii Associates harmless from and against all claims, demands, lawsuits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), made by any third party due to or arising out of content, data or information you submit, post to or transmit through the Site, your access to and use, negligent, use or non-use of the Content, the Site and other materials (such as ShipToHawaii documents), products and services available on or through the Site and ShipToHawaii, your violation of this Agreement or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.
International Users and Export Control Laws
The Site can be accessed from countries around the world. ShipToHawaii does not make any representation that the Site, or the services and products available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its services or products are illegal is prohibited. The export and re-export of software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Taliban controlled areas of Afghanistan, or any country to which the United States embargoes goods. In addition, such software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Questions Regarding Terms of Access