Nakupuna Website Terms of Use

 

The Nakupuna Family of Companies (collectively referred to as “Nakupuna”, “we”, “us”, or “our”) maintains both the www.nakupuna.com and www.nakupunafoundation.org websites (collectively referred to as the “Site”). By accessing or using the Site, you acknowledge that you have read, understand, and agree (without limitation or qualification) to these terms of use (“Terms of Use”), which incorporate our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site. If you have any questions regarding these Terms of Use, please contact us at info@nakupuna.com.

 

Acceptance of Terms

By using the Site, you affirm that you are at least 18 years old and legally able to enter into this agreement. These Terms of Use constitute a binding legal agreement between you and Nakupuna

 

Modification of Terms

We reserve the right to change, modify, supplement or otherwise alter these Terms of Use at any time or to change or discontinue any aspect or feature of the Site with or without prior notice. Such changes, modifications, supplementations or deletions shall be effective immediately upon their posting on the Site. We suggest you review these Terms of Use periodically to be aware of such updates or changes. Your use of the Site after we post such changes, modifications, supplementations or deletions shall be deemed to constitute your acceptance of such changes, modifications, supplementations or deletions.

 

Use of Website

You agree to use the Site for lawful purposes only. When using or accessing the Site, you may not:

• Violate any law or regulation.
• Attempt to gain unauthorized access to our systems or user accounts.
• Use the Site in a way that could damage, disable, or impair our services.
• Post or transmit any unlawful, harassing, profane, hateful, indecent, defamatory, or harmful content.
• Submit false or misleading information or impersonate another person or business.
• Use any means to scrape or crawl any Web pages contained in the Site.
• Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site.
• Stalk, harass, or harm another individual.
• Attempt to circumvent any technological measure implemented by us or any of our providers or any third party (including another user) to protect the Site.
• Advocate, encourage, or assist any third party in doing any of the foregoing.

 

Termination

You agree that Nakupuna may, in its sole discretion and without prior notice, terminate your access to all or any parts of the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or any other agreement(s) or guidelines which may be associated with your use of the Site.

 

Intellectual Property

All content on the Site, including text, graphics, logos, icons, images, and software, is the property of Nakupuna or its content suppliers and is protected globally by copyright, trademark and other applicable laws pertaining to intellectual property. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You may not copy, reproduce, duplicate, reuse or distribute any content from the Site without express prior written authorization from Nakupuna.

 

Links to Third-Party Sites

The Site may contain links to external websites not operated by us. We do not regularly review materials on websites linked from the Site and do not necessarily endorse the materials appearing on any websites linked from the Site. We assume no responsibility for the content or the policies and practices of such other websites. We encourage you to be aware when you leave our Site and to read the terms of use and privacy policies of any other website that you visit.

 

Disclaimer of Warranties

The information and materials on our Site are provided “as is” and are for informational purposes only. Nakupuna makes no representation or warranties of any kind, with respect to the Site or its contents.  Nakupuna hereby disclaims all such representations or warranties, whether express or implied, including but not limited to, the warranties of merchantability and fitness for a particular purpose.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Nakupuna, its employees, suppliers or other representatives, be liable for any damages arising out of or in connection with the use of the Site. To the maximum extent permitted by applicable law, under no circumstances shall Nakupuna have any liability for any consequential, incidental, indirect, special or punitive damages or costs, including but not limited to, lost profits, business interruption, loss of information or data, or loss of goodwill, loss of or damage to property, and any claims of third parties, arising out of or in connection with the use, copying or display of the Site or its contents or any linked website, regardless of whether Nakupuna has been advised, knew or should have known of the possibility thereof.

 

Indemnification

You hereby agree to indemnify, defend and hold Nakupuna harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by Nakupuna in connection with any claim arising out of any use or alleged use by you of the Site or arising out of or in relation to any breach by you of these Terms of Use, or the representations, warranties and covenants you made by agreeing to these Terms of Use.

 

Applicable Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Hawaiʻi, without giving effect to its conflict of law principles and provisions. You agree that any action at law or equity arising out of or relating to these Terms of Use shall be filed only in state or federal court located in the State of Hawaiʻi, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

 

Severability

If any provision contained in these Terms of Use is held to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

 

Contact Us

If you have any questions regarding this Terms of Use, please contact us at info@nakupuna.com.