Legal Disclosure And Terms Of Use

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

This website (this "Website") is a service offered by Manu Iwa O Ka Malanai and The American Pacific Foundation. This Terms of Use Agreement (the "Terms of Use" or "Agreement") describes the terms and conditions applicable to your access and use of this Website and Manu Iwa O Ka Malanai and The Pacific American Foundation services. Manu Iwa O Ka Malanai and The American Pacific Foundation may revise this Agreement at any time by posting the amended Terms of Use on this Website, and you agree that you will be bound by any changes to the Terms of Use. For your convenience, the date of last revision is included at the top of this page. Manu Iwa O Ka Malanai and The American Pacific Foundation may make changes in the services described on this Website at any time. You understand that Manu Iwa O Ka Malanai and The Pacific American Foundation may discontinue or restrict your use of this Website for any reason.

  

ABOUT THE INFORMATION ON THIS SITE.

The Content (as defined below) available on this Website is intended to be a general information resource and is provided solely on an "AS IS" and "AS AVAILABLE" basis. You are encouraged to confirm the information contained herein. You should not construe Manu Iwa O Ka Malanai and The Pacific American Foundation’s publication of the Content on this Website as a warranty or guarantee of the quality or availability of any goods or services.

 

ELIGIBILITY.

By using this Website, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of this Website does not violate any applicable law or regulation.

 

USE OF MATERIALS ON THIS SITE.

The content on this Website includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, tradenames, service marks, logos, information obtained from Manu Iwa O Ka Malanai and The Pacific Foundation licensors, and other materials (“Content”). Title to the Content on this Website remains with Manu Iwa O Ka Malanai and The American Pacific Foundation. Manu Iwa O Ka Malanai and The Pacific American Foundation invite you to view and use a single copy of the materials obtained from this Website for your personal, non-commercial use. Except as expressly permitted on this Website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from this Website. No graphics, photographs or other visual elements obtained through this Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or Manu Iwa O Ka Malanai and The Pacific American Foundation. You are not permitted to use the materials on this Website except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage this Website. You may not, without Manu Iwa O Ka Malanai and The Pacific American Foundation’s written permission, “mirror” any Content contained in this Website or any other server.

 

LINKS TO OTHER WEBSITES.

The Website may contain links to websites operated by other parties. Manu Iwa O Ka Malanai and The Pacific American Foundation provide these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not owned or operated by or under the control of Manu Iwa O Ka Malanai and The Pacific Manu Iwa O Ka Malanai and they are not responsible for the content available on the other sites. Such links do not imply Manu Iwa O Ka Malanai and The Pacific American Foundation’s endorsement of information or material on any other site and disclaims all liability with regard to your access to and use of such linked Websites.

 

LINKS TO THIRD PARTY SITES.

Manu Iwa O Ka Malanai and The Pacific American Foundation, in their sole discretion, may provide links to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by Manu Iwa O Ka Malanai and The Pacific American Foundation and are maintained by third parties over which Manu Iwa O Ka Malanai and The Pacific American Foundation exercise no control. Use of these sites is at your own risk. Accordingly, Manu Iwa O Ka Malanai and The Pacific American Foundation expressly disclaim any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites and Manu Iwa O Ka Malanai and The Pacific American Foundation disclaim all liability with regard to your access to and use of such linked websites. Moreover, these links do not imply an endorsement by Manu Iwa O Ka Malanai and The Pacific American Foundation with respect to any third party, any information or material on any other site, any candidate for political office identified in a third party site or any web site or the products or services provided by any third party.

 

TRADEMARKS.

Manu Iwa O Ka Malanai and The Pacific American Foundation are registered in the United States. Manu Iwa O Ka Malanai and The Pacific American Foundation and other trademarks may be registered in several other countries as well. Unauthorized use of any Nature Conservancy trademark, service mark or logo may be a violation of federal and state law.

 

​DISCLAIMERS AND LIMITATION OF LIABILITY.

ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MANU IWA O KA MALANAI AND THE PACIFIC AMERICAN FOUNDATION MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

 

MANU IWA O KA MALANAI AND THE PACIFIC AMERICAN FOUNDATION MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANU IWA O KA MALANAI AND THE PACIFIC AMERICAN FOUNDATION DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF THE NATURE CONSERVANCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNITY.

You agree to indemnify, defend and hold Manu Iwa O Ka Malanai and The Pacific American Foundation, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of this Website and/or breach of this Agreement.

 

COPYRIGHT.

The Website, including all text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code (including HTML, CSS, XML, and JavaScript), interactive features, UGC functionality, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the UGC functionality, unless otherwise indicated is protected by U.S. and international copyright laws and owned by Manu Iwa O Ka Malanai. Manu Iwa O Ka Malanai is  the sole owner of the copyright in the Content of this Website.

 

LOCATION.

The Website is operated by Manu Iwa O Ka Malanai from its offices in the United States and Manu Iwa O Ka Malanai makes no representation that the Content of this Website is available or appropriate for use in other locations. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

 

CHILDREN.

The Website is not directed toward children under 13 years of age nor does Manu Iwa O Ka Malanai knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to The Nature Conservancy.

 

PRIVACY POLICY.

By agreeing to these terms, you acknowledge that Manu Iwa O Ka Malanai may collect, use and disclose your information as described in our Privacy Policy.

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EMAIL.

Email submissions over the internet may not be secure. Please do not email The Nature Conservancy any personal or confidential information. Please refer to our Privacy Policy for information how Manu Iwa O Ka Malanai uses your information.

 

CHOICE OF LAW/FORUM.

All claims arising out of this Agreement or relating to this Website will be governed by the laws of Hawaii, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to this Website shall be brought exclusively in a state or federal court in Hawaii.

 

MISCELLANEOUS.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Manu Iwa O Ka Malanai and The Pacific American Foundation’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive Manu Iwa O Ka Malanai and The Pacific American’s right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and Manu Iwa O Ka Malanai and The Pacific American Foundation with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or this Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

 

VIOLATIONS AND ADDITIONAL POLICIES. 

Manu Iwa O Ka Malanai and The Pacific American reserve the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access from a particular Internet address.