Terms Of Use Agreement:
Welcome to the website operated by NaluUnderground.com. We maintain this website
as a service to our visitors. By using this website, you are agreeing to comply
with and be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you have no right from
NaluUnderground.com. to obtain information from or otherwise use this website. Failure
to use this website in accordance with the following terms of use may subject
you to severe civil and criminal penalties.
Introduction:
You agree to the terms and conditions outlined in this Terms of
Use Agreement ("Agreement") with respect to this website (the "Site"). This Agreement constitutes the entire
and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content and computer
programs provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at any time
by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to each use of the Site.
Copyright:
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to
the Site are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, except as
allowed under "Limited Right to Use" below, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting
by Five Stars Promotions of information or materials on the Site
does not constitute a waiver of any right in such information
and materials.
Copyright and Service Mark Information:
Copyright © NaluUnderground.com, all rights reserved. "NALU" and
associated logos are protected service marks of NaluUnderground.com in the
United States and other countries. The other logos and trademarks found within
our site belonging to our business partners are the property of their respective
owners, and are protected under copyright laws in the United States and
other countries.
Limited Right to Use:
The viewing, printing or downloading of any content, video, audio,
graphic, form or document from the Site grants you only a revocable,
nonexclusive license for use solely by you for personal, noncommercial
purposes limited to the use as is reasonably required to view
and listen to the content and navigate through the pages and
links generally available to the public using a standard Internet
browser and standard media player, and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, graphic, form or
document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other
than for your personal, noncommercial use (but not for resale
or redistribution).
Editing, Deleting and Modification:
We reserve the right in our sole discretion to change, edit or
delete any documents, information or other content appearing
on the Site.
Indemnification:
You agree to indemnify, defend and hold NaluUnderground.com. and their
respective directors, officers, shareholders, employees, agents,
attorneys, advertisers, publishers, and business partners (collectively,
"Our Affiliated Parties") harmless from any liability,
loss, claim or expense, including reasonable attorneys' fees, related
to your use of the Site or violation of this Agreement.
Nontransferable:
Your right to use the Site is not transferable. Any password or
right given to you to obtain information or documents from the
Site is not transferable.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY:
THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE
FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, FIVE STARS PROMOTIONS DISCLAIMS ALL WARRANTIES EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY COMPUTER
PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR
THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR
PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE
FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED
OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE
ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY
METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS,
ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST
INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED
IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS,
AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR OTHER CONTENT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE
ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT,
PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS
OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE
INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE,
AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN
FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Links to Other websites:
The Site may now, or hereafter from time to time, contain links
to third-party websites. We do not control, investigate, monitor
or check such websites, we are not responsible for the computer
programs available from, content in or opinions expressed at
such websites, and we do not investigate, monitor or check.
We provide such third-party links only as a convenience to visitors
of the Site, and the inclusion of a link does not imply approval
or endorsement of the linked site by us. If you decide to leave
the Site and access any third-party website, you do so at your
own risk.
Forward-Looking Statements:
The Site may now, or hereafter from time to time, contain certain
statements or information with respect to (i) the projection
of revenues, income, earnings per share, capital expenditures,
dividends, capital structure, or other financial items relating
to us; (ii) our plans, objectives and/or projections for future
operations, including those relating to our products or services;
(iii) our future economic performance; and (iv) other projections,
estimates or forward-looking statements relating to us. Such
forward-looking statements are based upon, or will be based upon,
our judgment with respect to future events and are subject to
a number of uncertainties and risks that could cause actual results
or circumstances to differ materially from those expressed in
the forward-looking statements.
Information and Press Releases:
The Site may contain interviews, discussions, press releases and
other information (collectively, "Information") about
us, our business and our services, including links to third-party
websites that contain such Information, which are being provided
as a convenience to visitors of the Site. While all Information
prepared by NaluUnderground.com was believed to be accurate as
of the date prepared, we disclaim any duty or obligation to update
any Information. Statements concerning companies other than NaluUnderground.com
that are contained in any such Information should not be relied
upon as being provided or endorsed by us. The opinions expressed
in any Information, including by employees and agents of NaluUnderground.com.,
are solely those of the author(s) and do not necessarily reflect
those of NaluUnderground.com. With respect to Information, contained
in links to third-party websites, please refer to "Links
to other Websites" above.
Visitors' Communications:
Except where expressly provided otherwise by us, all comments,
feedback, information, or materials that you submit through or
in association with the Site shall be considered non-confidential.
By submitting such comments, feedback, information, or materials
to us:
i. You represent and warrant that NaluUnderground.com use of your
submission does not and will not breach any agreement, violate
any law, or infringe any third party's rights;
ii. You represent and warrant that you have all rights to enter
into this agreement;
iii. NaluUnderground.com is free to use in any manner all or part
of the content of any such communications on an unrestricted basis
without the obligation to notify, identify or compensate you or
anyone else; and
iv. You grant NaluUnderground.com all necessary rights, including
a waiver of all privacy and moral rights, to use all comments,
feedback, information, or materials, in whole or in part, or as
a derivative work, without any duty by NaluUnderground.com. to
anyone whatsoever.
We do not accept unsolicited ideas, works, or other materials,
and you acknowledge that you are responsible for and bear all risk
as to the use or distribution of any such ideas, works, or materials.
Miscellaneous:
The Site can be accessed from different locations around the world
and may contain references to NaluUnderground.com. Services,
and programs that have not been announced where you are located. These references
do not imply that NaluUnderground.com. intends to announce such
products, services or programs where you are located. This Agreement shall
be treated as though it were executed and performed in Honolulu,
HI, and shall be governed by and construed in accordance with the laws of
the United States of America and of the State of Hawaii (without regard
to conflict of law principles). Any cause of action by you with respect to
the Site (and/or information, documents and other materials contained therein)
must be instituted within one (1) year after the cause of action arose or
be forever waived and barred. All actions shall be subject to the limitations
set forth under "Disclaimer" above. The language in
this Agreement shall be interpreted as to its fair meaning and
not strictly for or against you or us. You expressly submit to
the exclusive personal jurisdiction and venue of the Superior
Court of Honolulu and the United States District Court,
with respect to all matters relating to this
Agreement or your use of the Site, and consent to extra-territorial
service of process in connection therewith. Should any part of
this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to
enforce such provision.
Copyright © 2005, NaluUnderground.com. All rights reserved.
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