Pacific Gateway Center Online Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the
following terms and conditions and other applicable law.
If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included on this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Pacific Gateway Center.
The collective work includes works that are licensed to Pacific Gateway Center.
Copyright 2010, Pacific Gateway Center ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site
for the sole purpose of placing an order with Pacific Gateway Center or
purchasing Pacific Gateway Center products. You may display and, subject
to any expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with Pacific Gateway
Center or to purchase Pacific Gateway Center products. Any other use, including
but not limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by Pacific Gateway Center.
You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Pacific Gateway Center
used in the site are trademarks or registered trademarks of Pacific Gateway Center.
Warranty Disclaimer
This site and the materials and products on this site are provided
"as is" and without warranties of any kind, whether express or implied.
To the fullest extent permissible pursuant to applicable law,
Pacific Gateway Center disclaims all warranties, express
or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose and
non-infringement. Pacific Gateway Center does not represent
or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected,
or that this site or the server that makes the site available
are free of viruses or other harmful components.
Pacific Gateway Center does not make any warrantees
or representations regarding the use of the materials
in this site in terms of their correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise.
Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
Pacific Gateway Center shall not be liable for any special
or consequential damages that result from the use of,
or the inability to use, the materials on this site
or the performance of the products, even if Pacific
Gateway Center has been advised of the possibility
of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental
or consequential damages, so the above limitation
or exclusion may not apply to you.
Order Acceptance Policy
Your receipt of an electronic or other form of
order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation of
our offer to sell. Pacific Gateway Center reserves the
right at any time after receipt of your order to accept
or decline your order for any reason.
We may require additional verifications
or information before accepting any order.
Typographical Errors
In the event that a Pacific Gateway Center product is
mistakenly listed at an incorrect price, Pacific
Gateway Center reserves the right to refuse or
cancel any orders placed for product listed
at the incorrect price. Pacific Gateway Center
reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed
and your credit card charged. If your credit card
has already been charged for the purchase and your
order is cancelled, Pacific Gateway Center shall
issue a credit to your credit card account
in the amount of the incorrect price.
Term Termination
These terms and conditions are applicable to
you upon your accessing the site and/or
completing the registration or shopping process.
These terms and conditions, or any part of them,
may be terminated by Pacific Gateway Center without
notice at any time, for any reason. The provisions
relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous,
shall survive any termination.
Notice
Pacific Gateway Center may deliver notice to you
by means of e-mail, a general notice on the site,
or by other reliable method to the address
you have provided to Pacific Gateway Center.
Miscellaneous
Your use of this site shall be governed in all respects
by the laws of the state of Hawaii, U.S.A.,
without regard to choice of law provisions,
and not by the 1980 U.N. Convention on
contracts for the international sale of goods.
You agree that jurisdiction over and venue
in any legal proceeding directly or
indirectly arising out of or relating
to this site (including but not limited
to the purchase of Pacific Gateway Center products)
shall be in the state or federal courts located in Honolulu,
Hawaii. Any cause of action or claim you may have with respect
to the site (including but not limited to the purchase of
Pacific Gateway Center products) must be commenced within one
(1) year after the claim or cause of action arises.
Pacific Gateway Center's failure to insist upon or
enforce strict performance of any provision of
these terms and conditions shall not be construed
as a waiver of any provision or right. Neither
the course of conduct between the parties nor
trade practice shall act to modify any of these
terms and conditions. Pacific Gateway Center may
assign its rights and duties under this Agreement
to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site,
including via e-mail, chat, or by use of obscene
or abusive language, is strictly forbidden.
Impersonation of others, including a Pacific
Gateway Center or other licensed employee,
host, or representative, as well as other
members or visitors on the site is prohibited.
You may not upload to, distribute, or
otherwise publish through the site any
content which is libelous, defamatory,
obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or
otherwise objectionable which may constitute
or encourage a criminal offense, violate
the rights of any party or which may
otherwise give rise to liability or
violate any law. You may not upload
commercial content on the site or use
the site to solicit others to join or
become members of any other commercial
online service or other organization.
Participation Disclaimer
Pacific Gateway Center does not and cannot
review all communications and materials posted
to or created by users accessing the site, and
are not in any manner responsible for the content
of these communications and materials. You acknowledge
that by providing you with the ability to view and
distribute user-generated content on the site, Pacific
Gateway Center is merely acting as a passive conduit
for such distribution and is not undertaking any
obligation or liability relating to any contents
or activities on the site. However, Pacific
Gateway Center reserves the right to block
or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another
or (d) offensive or otherwise unacceptable to Pacific
Gateway Center in its sole discretion.
Indemnification
You agree to indemnify, defend,
and hold harmless Pacific Gateway
Center, its officers, directors,
employees, agents, licensors and suppliers
(collectively the "Service Providers")
from and against all losses, expenses,
damages and costs, including reasonable
attorneys' fees, resulting from any violation
of these terms and conditions or any activity
related to your account (including negligent or
wrongful conduct) by you or any other person
accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors,
Pacific Gateway Center may link to
sites operated by third parties.
However, even if the third party
is affiliated with Pacific Gateway
Center, Pacific Gateway Center has
no control over these linked sites,
all of which have separate privacy
and data collection practices,
independent of Pacific Gateway
Center. These linked sites are
only for your convenience and
therefore you access them at your
own risk. Nonetheless, Pacific
Gateway Center seeks to protect the
integrity of its web site and the links
placed upon it and therefore requests
any feedback on not only its own site,
but for sites it links to as well
(including if a specific link does not work).