Oahu.com, managed by Left of The Dot Media Inc. (collectively “Oahu.com”), is committed to protecting the privacy of each of its users. We want you to feel free to express yourself within your web pages (within legal limitations) and we are committed to allowing you to feel secure in your own private environment, putting you in control of what you share.
What personal information does Oahu.com collect?
Oahu.com collects your name and e-mail address, and phone number when you first register on the site. We also ask for additional, optional information through our registration form, including but not limited or restricted to your address, fax number and demographic information.
Oahu.com uses a standard Internet technology called “cookies” to store and track visitor information/sessions. A cookie is a small text file that a server can automatically store on your computer and retrieve later. We instruct your browser to place a “cookie” into a file on your hard drive when you visit our site. Each time you return to the site, the cookie is re-sent to us so that we may track which of our services you use and what content you view (including advertisements). In addition, we collect the Internet Protocol address of each visitor to our site, which is a number that can be used to identify your internet service provider, among other things.
How does Oahu.com use the information it collects?
Oahu.com is committed to respecting your privacy. We may disclose information we have collected from you and/or content you have made available on our site in the following circumstances, and also may disclose such information and/or content to others when Oahu.com believes in good faith that the law requires it, or to protect the rights or property of Oahu.com or its visitors.
Upon request Oahu.com may disclose your contact information to customers of your website, government agencies, any trademark or copyright owner requiring to contact you in regards to transactions or content on your site.
Information submitted by you at the time of registration (including but not limited to your name and e-mail address) may be used but not limited to marketing and promotional purposes by Oahu.com.
This information may also be shared with other companies who offer a service to Oahu.com or co-branded or rebranded versions of our site, who offer services in conjunction with Oahu.com, or who are business partners of Oahu.com. Oahu.com will not otherwise identify you personally to other companies, or to any advertisers. Oahu.com provides demographic information in aggregate form to advertisers on our site, without identifying any user personally.
Oahu.com may disclose your website URL for tracking purposes to other sites that either have referred you to Oahu.com or for internal Oahu.com promotions.
We may use information provided by you when you participate in contests or surveys on our site to send information about Oahu.com to you, or to give information to advertisers in aggregate form.
You agree to allow us to contact you via mail, email and telephone for the purpose of activation, service or billing, even if you are on the Federal Do Not Call List. You agree not to report our email communications to you as SPAM to anyone to any governing body, ISP or service provider since you are able to opt in or opt out of any mailings you request and agree to receive.
By using our site and disclosing information to us you expressly consent to the uses described in this Privacy Statement.
How to get more information?
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. Oahu.com’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Oahu.com, and any such attempted assignment shall be void. Oahu.com shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of you. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between Oahu.com and you with respect to the subject matter hereof. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
Please read the following agreement (the “Terms”) carefully. They explain the policies and rules related to use of our site (the “site”). By accessing, using or downloading materials from the site or by completing the registration process and clicking on any “Build site”, “Subscribe”, “Sign Up” or “Join Now” buttons or text links with similar purpose, you are stating that you are at least 18 years old or a minor whose parent is allowing You to use our site, and that you agree with Oahu.com, Left of the Dot Media Inc. and Mezine.com Inc. (“us”, “we”, “our” or “Oahu.com”) to the following Terms. If you do not agree with the Terms then you should not use or access this site. “You” refers to you, the user, together with any company or other business entity you are representing.
You can easily begin using our site by filling out our one page membership form. In registering with us, you agree to provide accurate, current and complete information about yourself, and to update that information if it changes; if you don’t, we have the right to close your account and any web pages created under your account.
As part of the registration process, you will choose a password. It is your responsibility to keep this password confidential. You are responsible for all actions taken under your password. If you find out that your password or account is being used by someone without your consent, or you discover any other breach of security, you agree to notify us immediately at through either the email support feature in your website (log in at “Oahu.com” , go to “help & support”, “ask a question to support”, “other”) or through the email support/help feature on the Oahu.com home page (go to the “support” tab, “ask a question”).
2. Charges and Billing
Oahu.com reserves the right to charge fees for the Service or any portion thereof. Any applicable fees will be posted on the Oahu.com Web site. If you are required to pay a fee for all or any part of the Service for which you have chosen to register, you hereby authorize Oahu.com to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service and your Account. You hereby acknowledge that in most cases, Oahu.com will be charging your designated credit card in accordance with the payment schedule of the Service for which you have registered, but some charges may accumulate on your credit card account before they are charged to your credit card account. You further acknowledge that it is your responsibility to notify Oahu.com of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars unless otherwise specified.
All charges for your website will show on your credit card statement as Oahu.com, Left of the Dot Media, or WebsiteDynamics.
Oahu.com reserves the right to change any fees (which includes, but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Oahu.com does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Oahu.com posts such modification on the Oahu.com Web site. Oahu.com also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the Service. The answer to many common billing questions can by found by logging in to Member’s Account and going to the Help & Support page or by reading our Frequently Asked Questions. As set forth in Section 10 of this Agreement, you may cancel your Account at any time, but Oahu.com will not refund any remaining portion of your pre-paid fees when you cancel your Account.
You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to Oahu.com when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Oahu.com may incur in its efforts to collect any remaining balances due from you. This Section 2 shall in no way limit any other remedies available to Oahu.com. You also acknowledge and agree that you will be billed for and will pay any outstanding balances if you cancel your Account or your Account is terminated. You must notify Oahu.com of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Oahu.com within sixty (60) days, you waive any right to dispute such problems or discrepancies.
You understand that the phrase “Powered by Oahu.com” will be placed in the footer to each and every web page generated and transmitted by Oahu.com’s System but may be easily removed from your website through your website manager tools.
4. Reference to Your site
You agree to allow Oahu.com to announce our customer relationship with you in a press release or similar distribution. This includes allowing us to profile and link to your site in any communications.
You agree to allow Oahu.com to list your site in a Oahu.com directory without your permission unless otherwise agreed upon. It is your responsibility to contact Oahu.com to have your site unlisted through either the email support feature in your website (log in at “Oahu.com” , go to “help & support”, “ask at question to support”, “other”) or through the email support/help feature on the Oahu.com home page (go to the “support” tab, “ask a question”).
Upon request Oahu.com may disclose your contact information to customers of your website, government agencies, any trademark or copyright owner requiring to contact you in regards to transactions or content on your site.
While we do our utmost to safeguard your information, please remember that privacy over the Internet cannot be guaranteed, and keep this in mind when deciding what information to transmit or broadcast through Oahu.com’s site.
7. Member Conduct
In general, we do not screen or edit information transmitted or shared by members on our site, but we reserve the right (but have no duty) to monitor, to remove any objectionable information, and to remove any web pages from our system at any time, without notice, at our sole discretion.
To help ensure that everyone’s experience at Oahu.com is a positive one, we have certain rules for conduct, which you must agree to in using our site.
You agree to:
- Follow all of your local, provincial/state, national and international laws and regulations.
- Be responsible for all information, data, text, software, music, sound, photographs, images, graphics, video, messages or other material (“Content”) that occur under your account or password, including any Content transmitted or broadcast through your account.
- Comply with all applicable laws regarding the transmission of technical or other data exported from the country in which you reside.
- Provide direct contact information your customer can use to contact you regarding questions and issues regarding purchases from your site.
- Allows us to contact you via mail, email and telephone for the purpose of activation, service or billing, even if you are on the Federal Do Not Call List. You agree not to report our email communications to you as SPAM to anyone to any governing body, ISP or service provider since you are able to opt in or opt out of any mailings you request and agree to receive.
You also agree that you will not:
- Upload, post or transmit through your Oahu.com site any unlawful, harassing (including “stalking”), pornographic, abusive, threatening, harmful, obscene, libelous, tortuous, defamatory, vulgar, invasive of another’s privacy, hateful, excessively violent or racially, ethnically or otherwise objectionable content. Pornographic material includes genitalia and/or female breasts being displayed as well as sexual acts. Exceptions can be made with our prior consent. For example, we may consent to a site that teaches how to breast feed. If you feel that your site may be an exception, please send us an e-mail stating your case either through the email support feature in your website (log in at “Oahu.com” , go to “help & support”, “ask a question to support”, “other”) or through the email support/help feature on the Oahu.com home page (go to the “support” tab, “ask a question”).
- Copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that is unlawful, harassing, abusive, threatening, harmful, obscene, libelous, tortuous, or otherwise objectionable on your Oahu.com site.
- Host or transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
- Copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that infringes the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
- Interfere with or disrupt Oahu.com’s site, services, computer systems, servers or networks, or violate the regulations or policies of such networks.
- Transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs.
- Attempt to gain unauthorized access to Oahu.com’s site or services, others’ accounts, private web sites, or computer systems or networks connected to Oahu.com’s site, through password mining or otherwise.
- Engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.
frame the site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the site.
- Collect information about others without their consent.
- Provide false information on your registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication.
- Transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages.
- Copy audio content without the permission of all parties to the conversation.
- Sell access to or use of any services available on Oahu.com’s site.
- Interfere with anyone’s use or enjoyment of Oahu.com’s site.
- Harm minors in any way.
- Fail to respond to customer, copyright or trademark holders’ questions within 3 business days.
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons and creating “Crush” sites.
- Use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond our site.
8. Third Party Content
For your convenience, the Service, which includes the Oahu.com Web site, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites (“Third Party Content”). Such Third Party Content is not under the control of Oahu.com and Oahu.com is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Oahu.com is under no obligation, but does reserve the right to pre-screen Third Party Content available on the Service and does not assume any responsibility or liability for the content provided by others. Oahu.com is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by Oahu.com of such content or the affiliate or advertiser. You may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Oahu.com does reserve the right to remove content that, in Oahu.com’s judgment, does not meet its standards, but Oahu.com is not responsible for any failure or delay in removing such material.
Oahu.com is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Oahu.com (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9. End Users to Your site
Your relationship with your end users, “End Users” in this Agreement referring to any user who visits your site and uses the Oahu.com Service, is independent from Oahu.com. Oahu.com will be not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship.
Either you or Oahu.com may terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Oahu.com. You also agree that Oahu.com may close your account and prevent you from using our site for violating any of our Terms of Service, or for any other reason, at any time, at Oahu.com’s sole discretion, without prior notice to you. In most instances, however, Oahu.com will review a web site and if it is found to be in violation of any of our the Terms Of Service, you will be given a warning. If the web site continues to violate our rules, the site will be deleted.
11. Storage of Content
The storage space per web site is limited, so it is possible that some messages or other content you transmit may not be processed due to space constraints, or will not be stored for a long time. You agree that Oahu.com is not responsible or liable for deleting or failing to store any content. You agree to download your email on a regular basis and will not leave a copy of the email on the servers. You agree that Oahu.com can delete any email on the servers older than 45 days.
If you delete your website in part or in whole, accidentally or intentionally, and you ask Oahu.com to attempt to retrieve it from the archives, you agree that Oahu.com will charge a $50 fee to your credit card for this service. You agree that Oahu.com is not responsible or liable for any content that cannot be retrieved.
12. Maintenance and Updates
Oahu.com reserves the right to interrupt service no more than five (5) percent of the year for maintenance and updates to our site. This service interruption does not include power outages, service loss or any other reasons as listed in Section 22 Force Majeure.
You agree to indemnify and hold Oahu.com, rebranders, cobranders, and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to (i) your breach of this Agreement; (ii) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your site and/or to Oahu.com and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and (iv) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with Oahu.com or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Oahu.com and/or its suppliers, affiliates, partners, subsidiaries and employees.
14. Indemnification by Customer
You will defend, indemnify and hold Oahu.com harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against Oahu.com that arises directly or indirectly from you or your end-users, or the content of such end-user’s web site, contrary to the provisions of this Agreement, including claims based on representations, warranties, or misrepresentations made by you, provided that Oahu.com promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defense and all related settlement negotiations. You shall be relieved of its indemnification obligations under this Agreement to the extent it is actually prejudiced by Oahu.com’s failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.
Oahu.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You should periodically review these Terms for changes. Your continued use of the site and the services following the posting of any changes confirms your agreement with such changes. You agree that Oahu.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
16. Proprietary Rights to Content
You agree that Content presented through our site by Oahu.com, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by Oahu.com or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through Oahu.com’s site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other web site you operate such as in the meta-data of such web site. Except as expressly authorized by Oahu.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.
17. Your Grant of Limited License
By posting or submitting content to the site, you (a) grant to Oahu.com and its affiliates and licensees the royalty free, non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote the content in any form, anywhere and for any purpose; (b) warrant and represent that you own or otherwise control all of the rights to the content and that the public posting and use of your content by Oahu.com will not infringe or violate the rights of any third party; and (c) waive all moral rights that you have in the content and warrant and represent that all other authors and creators of the content have also waived their moral rights in and to the content.
18. User Forums
The site provides users with the opportunity to post and share messages. You should use caution as any disclosed personal information becomes public information. We may, but we are not obliged to, monitor or review any content including messages posted to the site. Oahu.com is not responsible for any content, opinions, or views expressed by its members or visitors on its web sites.
19. External Links
Oahu.com’s site may contain links to other sites. You agree that Oahu.com does not endorse any other sites and is not liable for any loss or damages related to the content, products or services available through those sites. Because Oahu.com has no control over such sites and resources, you acknowledge and agree that Oahu.com is not responsible for the availability of such external sites or resources, and does not endorse and is not 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 Oahu.com shall not 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.
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon any of the provisions of this Agreement.
22. Force Majeure
Oahu.com shall not be liable for the failure to perform any of its obligations under this Agreement, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, accidents, transmission difficulties, Internet outages, riots, insurrections, acts of God or orders of governmental agencies.
You will be fully responsible for maintaining the confidentiality of your passwords, and you will notify Oahu.com immediately if you believe that the security of your account has been compromised. Oahu.com DOES NOT REPRESENT OR IN ANY WAY WARRANT THAT ACCOUNT INFORMATION WILL REMAIN SECURE AND Oahu.com SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
24. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Oahu.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Oahu.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Oahu.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
25. Limitation of Liability
IN NO EVENT SHALL Oahu.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Oahu.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Oahu.com’s AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO Oahu.com UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither Oahu.com nor its suppliers is responsible for any of your data residing on the Service or Oahu.com’s suppliers’ hardware. You are responsible for backing-up your data and information that may reside on the Service or Oahu.com’s suppliers’ hardware, whether or not such information is produced through the use of the Service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
26. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in British Columbia and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
27. Dispute Resolution
Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Vancouver, British Columbia under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against Oahu.com must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, Oahu.com may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 16 (Proprietary Rights to Content) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the Province of British Columbia, Canada. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Vancouver, Canada and further agree that any such action or proceeding shall be brought in a court in Vancouver, British Columbia.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
28. Confidential Information
“Confidential Information” is any data or information, oral or written, treated as confidential that relates to either party’s (or, if either party is bound to protect the confidentiality of any third party’s information, such third party’s) past, present, or future research, development or business activities, including any unannounced products and services, any information relating to services, inventions, processes, plans, source code, object code, binary code, algorithms, ideas, know-how, financial information, customer data, revenue, transaction volume, forecasts, projections, and the financial terms of this Agreement. Notwithstanding the foregoing, Confidential Information shall not be deemed to include information if: (i) it was already known to the receiving party prior to the Effective Date of this Agreement as established by documentary evidence; (ii) it is in or has entered the public domain through no breach of this Agreement or other wrongful act of the receiving party; (iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (iv) it has been approved for release by written authorization of the owner of the Confidential Information; (v) it has been independently developed by a party without access to the Confidential Information of the other party; or (vi) it is required to be disclosed pursuant to final binding order of a governmental agency or court of competent jurisdiction, provided that the owner of the Confidential Information has been given reasonable notice of the pendency of such an order and the opportunity to contest it.
29. Relationship to Customer
Oahu.com and you shall perform all duties under this Agreement as independent contractors. Nothing in this Agreement shall be construed to give either party the power to direct or control the daily activities of the other party, or to constitute the parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking. The parties understand and agree that, except as specifically provided in this Agreement, neither party grants the other party the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on behalf of the other party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other party, or to transfer, release, or waive any right, title, or interest of such other party.
30. Copyright Policy
It is the policy of Oahu.com to respect the intellectual property rights of others; we ask that our members do the same. Oahu.com may terminate the accounts of those who appear to infringe the intellectual property rights of others, and/or Oahu.com may remove content that has prompted a complaint.
If you believe that your copyright in any material has been infringed by Oahu.com or a member of the Oahu.com community, please provide us with the following:
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim is infringing, identified with sufficient detail to enable us to locate it on the site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on the copyright owner’s behalf; and
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
Please direct all notices of claims of copyright infringement relating to the Oahu.com site through either the email support feature in your website (log in at “Oahu.com” , go to “help & support”, “ask a question to support”, “other”) or through the email support/help feature on the Oahu.com home page (go to the “support” tab, “ask a question”).