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Support Terms And Conditions:
Customer Responsibilities:
Prior to any support service request:
1. Complete a backup of all existing data and programs on
affected systems. OptiNet Hawaii, LLC WILL HAVE
NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS.
2. Arrange to have a technical point of contact available during
performance of the Service.
3. Ensure existing system login information is available with
the appropriate rights to assess the computer/network.
4. For on-site support clear space so existing systems are
accessible.
Additional Terms:
Spyware/Virus Removal
Customer acknowledges that alteration or removal of some spyware
and virus programs may impair the performance of certain
programs. In addition, altering or removing such programs may be
restricted by certain software licenses. It is Customers
responsibility to examine such licenses and to ensure that the
procedures performed as part of these Services will not affect
these licenses, or, if they do, that the effect on such licenses
or system performance is acceptable to Customer. Customer
further acknowledges that these Services cannot guarantee that
additional spyware and viruses will not return to or appear on a
Customers system after Services have been rendered.
Copying of Files
OptiNet Hawaii, LLC is not
permitted by law to copy pirated or copyrighted materials.
Customer acknowledges that Customer owns the copyright or has a
license to make copies to all of the files on their system and
that Customer does not have any files on their system which
would cause OptiNet Hawaii, LLC to be liable for copyright
infringement if those files were copied by OptiNet Hawaii, LLC
as part of the Services, including but not limited to, music
files, motion picture files or photographic files that are
subject to copyright restrictions. Customer accepts
responsibility for, and agrees to indemnify and hold OptiNet
Hawaii, LLC harmless from, any and all liability, damages,
claims or proceedings arising out of Customers failure to
remove any such files from their system prior to calling OptiNet
Hawaii, LLC for Services.
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Website Terms And Conditions:
Welcome to OptiNet Hawaii, LLC Please review the following basic
rules that govern the use of our site (the "Agreement"). Please
note that your use of our site constitutes your agreement to
follow and be bound by these terms. If you do not agree to these
terms, please do not use this site. Although you may "bookmark"
a particular portion of this site and thereby bypass this
Agreement, your use of this site still binds you to the terms.
Since OptiNet Hawaii, LLC may revise this Agreement at any time,
you should visit this page periodically to review the terms of
your use. At OptiNet Hawaii, LLC, we reserve the right to update
or modify these Terms and Conditions at any time without prior
notice. Your use of the OptiNet Hawaii, LLC Web site following
any such change constitutes your agreement to follow and be
bound by the Terms and Conditions as changed. For this reason,
we encourage you to review these Terms and Conditions whenever
you use this Web site.
COPYRIGHTS and TRADEMARKS - Unless otherwise noted, all
materials, including images, illustrations, designs, icons,
photographs, video clips and written and other materials that
are part of this site (collectively, the "Contents") are
copyrights, trademarks, trade dress and/or other intellectual
property owned, controlled or licensed by OptiNet Hawaii, LLC,
one of its affiliates or by third parties who have licensed
their materials to OptiNet Hawaii, LLC and is protected by U.S.
and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all content on this
site is the exclusive property of OptiNet Hawaii, LLC and is
also protected by U.S. and international copyright laws.
USE OF THIS SITE - This site and all its Contents are intended
solely for personal, non-commercial use. You may download or
copy the Contents and other downloadable materials displayed on
the site for your personal use only. No right, title or interest
in any downloaded materials or software is transferred to you as
a result of any such downloading or copying. You may not
reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell
or participate in any sale of or exploit in any way, in whole or
in part, any of the Contents, the site or any related software.
All software used on this site is the property of OptiNet
Hawaii, LLC or its suppliers and protected by U.S. and
international copyright laws. The content and software on this
site may be used only as a shopping resource. Any other use,
including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the
content on this site is strictly prohibited.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS - All
comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to OptiNet Hawaii,
LLC on or by this site or otherwise disclosed, submitted or
offered in connection with your use of this site (collectively,
the "Comments") shall be and remain OptiNet Hawaii, LLC's
property. Such disclosure, submission or offer of any Comments
shall constitute an assignment to OptiNet Hawaii, LLC of all
worldwide rights, titles and interests in all copyrights and
other intellectual properties in the Comments. Thus, OptiNet
Hawaii, LLC will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use,
commercial or otherwise, of any Comments. OptiNet Hawaii, LLC is
and shall be under no obligation (1) to maintain any Comments in
confidence; (2) to pay to user any compensation for any
Comments; or (3) to respond to any user Comments. You agree that
no Comments submitted by you to the site will violate any right
of any third party, including copyright, trademark, privacy or
other personal or proprietary right (s). You further agree that
no Comments submitted by you to the site will be or contain
libelous or otherwise unlawful, abusive or obscene material. You
are and shall remain solely responsible for the content of any
Comments you make. We welcome your comments regarding the
OptiNet Hawaii, LLC Web site. However, any comments, feedback,
notes, messages, ideas, suggestions or other communications
(collectively, "Comments") submitted by you shall be and remain
the exclusive property of OptiNet Hawaii, LLC. Your submission
of any such Comments shall constitute an assignment to OptiNet
Hawaii, LLC of all worldwide rights, titles and interests in all
copyrights and other intellectual property rights in the
Comments. OptiNet Hawaii, LLC will be entitled to use,
reproduce, disclose, publish and distribute any material you
submit for any purpose whatsoever, without restriction and
without compensating you in any way. For this reason, we ask
that you not send us any comments that you do not wish to assign
to us, including any confidential information or any original
creative materials such as stories, product ideas, computer code
or original artwork.
COLORS - We have made every effort to display as accurately as
possible the colors of our products that appear at the site.
However, as the actual colors you see will depend on your
monitor, we cannot guarantee that your monitor's display of any
color will be accurate.
INDEMNIFICATION - You agree to defend, indemnify and hold
OptiNet Hawaii, LLC harmless from and against any and all
claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the site.
TERMINATION - These terms are effective unless and until
terminated by either you or OptiNet Hawaii, LLC. You may
terminate this Agreement at any time. OptiNet Hawaii, LLC also
may terminate this Agreement at any time and may do so
immediately without notice, and accordingly deny you access to
the site, if in OptiNet Hawaii, LLC's sole discretion you fail
to comply with any term or provision of this Agreement. Upon any
termination of the Agreement by either you or OptiNet Hawaii,
LLC, you must promptly destroy all materials downloaded or
otherwise obtained from this site, as well as all copies of such
materials, whether made under the terms of use or otherwise.
DISCLAIMER - THIS SITE IS PROVIDED BY OptiNet Hawaii, LLC ON AN
"AS IS" BASIS. OptiNet Hawaii, LLC MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, OptiNet Hawaii, LLC DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. OptiNet Hawaii, LLC WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, OptiNet
Hawaii, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS
DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE
MANUFACTURER OF THE ITEM.
LIMITATION OF LIABILITY - UNDER NO CIRCUMSTANCES, SHALL OptiNet
Hawaii, LLC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR
INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE USE OF OR INABILITY TO USE THE OptiNet Hawaii, LLC WEB SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO
ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN
AUTHORIZED REPRESENTATIVE OF OptiNet Hawaii, LLC HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE
SITE, OR WITH THE OptiNet Hawaii, LLC TERMS AND CONDITIONS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OptiNet
Hawaii, LLC WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE
OptiNet Hawaii, LLC WEB SITE, THAT YOUR USE OF THE SITE IS AT
YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET
FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF OptiNet Hawaii, LLC UNDER SUCH CIRCUMSTANCES FOR
LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT
EXCEED ONE HUNDRED DOLLARS ($100). |
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