Kauai Exclusive Management, is not responsible for and is excluded from
liability and consequences stemming from all claims, representations
or actions of its individual owners or service providers listed on Kauai
1. ACCEPTANCE OF TERMS
Welcome to Kauai Exclusive Management ("KEM"). KEM provides its service
to you, subject to the following Terms of Service ("TOS"), which may
be updated by KEM from time to time without notice to you. You can review
the most current version of the TOS at any time.
2. DESCRIPTION OF SERVICE
KEM currently provides individuals and business entities (hereinafter
referred to in the singular as "User" or collectively as "Users") with
access to its direct marketing service (the "Service"). As a User of
the Service, you understand and agree that the Service may include advertisements
and that these advertisements are necessary for KEM to provide the Service.
You also understand and agree that the Service may include certain communications
from KEM, such as service announcements, administrative messages and
the KEM Newsletter, and that these communications are considered part
of KEM membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that KEM assumes
no responsibility for any actions or inactions of a User of the Service,
or for any content provided by a User of the Service.
3. YOUR PAYMENT AND REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) pay to
KEM any and all fees associated with your use of the Service, if applicable,
in accordance with the payment instructions provided to you by KEM (b)
provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being
the "Registration Data") and (c) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
including any payment information, or KEM has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, KEM has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
Registration Data and certain other information about you is subject
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify KEM of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. KEM cannot and will
not be liable for any loss or damage arising from your failure to comply
with this Section 5.
6. MEMBER CONDUCT
You understand that any information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content")
provided to KEM by a User of the Service is the sole responsibility
of the User. This means that you, and not KEM are entirely responsible
for any Content that you make available to Users of the Service. KEM
does not control the Content made available to Users of the Service
and, as such, does not guarantee the accuracy, integrity or quality
of such Content. Under no circumstances will KEM be liable in any way
for any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content made available to Users of the Service.
You agree to not use the Service to:
(a) make available to Users any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
(b) impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
(c) make available to Users any Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships;
(d) make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any
(e) make available any Content containing unauthorized advertising or
any form of unlawful solicitation such as "pyramid schemes";
(f) intentionally or unintentionally violate any applicable local, state,
national or international law;
(g) "stalk" or otherwise harass another; or
(h) collect or store personal data about other Users
You acknowledge that KEM shall have the right (but not the obligation)
in its sole discretion to refuse any Content that is made available
to Users of the Service. Without limiting the foregoing, KEM shall have
the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that KEM may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims
that any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of KEM its Users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
8. CONTENT MADE AVAILABLE TO USERS OF THE SERVICE
KEM does not claim ownership of Content you make available to Users
of the Service. However, with respect to Content you make available
to Users of the Service, you grant KEM a world-wide, royalty free and
non-exclusive license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content to Users of the Service,
which license will terminate upon the expiration of or removal by KEM
of such Content from the Service.
You agree to indemnify and hold KEM and any of its subsidiaries, affiliates,
officers, agents, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of Content you make available to Users of the Service,
your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that KEM may establish general practices and limits
concerning use of the Service, including without limitation, the maximum
size of any email message that may be sent from or received by KEM,
and the maximum disk space that will be allotted on KEM servers on your
behalf. You agree that KEM has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that KEM reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that KEM reserves
the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
KEM 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 agree that STCS shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service, including, but not limited to, the refund of any payment,
or portion thereof, received by KEM pursuant to Section 3(a).
You agree that KEM may, under certain circumstances and without prior
notice, immediately terminate your KEM account, any associated email
address, and access to the Service. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the TOS
or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification to the
Service (or any part thereof), (e) unexpected technical issues or problems,
and (f) extended periods of inactivity. Termination of your KEM account
includes (a) removal of access to the Service, (b) deletion of your
password and all related information, files and content associated with
or inside your account (or any part thereof), and (c) barring further
use of the Service. Further, you agree that all terminations for cause
shall be made in KEM’s sole discretion and that KEM shall not be liable
to you or any third-party for any termination of your account, any associated
email address, or access to the Service, including, but not limited
to, the refund of any payment, or portion thereof, received by KEM pursuant
to Section 3(a).
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that KEM shall not be responsible
or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers
on the Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because KEM has no control over such
sites and resources, you acknowledge and agree that KEM 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 KEM 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.
16. KEM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by KEM 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.
KEM grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the
interface that is provided by KEM for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. KEM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) KEM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) 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.
(c) 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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM KEM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KEM SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KEM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
Kauai Exclusive Management and the Kauai Exclusive Management logo,
and any other KEM logos and product and service names, are trademarks
of KEM (the "KEM Marks"). Without KEM's prior permission, you agree
not to display or use in any manner, the KEM Marks.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and KEM and govern
your use of the Service, superceding any prior agreements between you
and KEM. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship between you and
KEM shall be governed by the laws of the Province of British Columbia,
without regard to its conflict of law provisions. You and KEM agree
to submit to the personal and exclusive jurisdiction of the courts located
within Vancouver, British Columbia. The failure of KEM to exercise or
enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by
a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the TOS are for convenience only and have
no legal or contractual effect.
Please report any violations of the Terms Of Service to info@Kauai Exclusive Management
Kauai Exclusive Management takes your
privacy seriously. Please read the following to learn more about our
• This policy covers how Kauai Exclusive Management treats
personal information that Kauai Exclusive Management collects and receives,
including information related to your past use of Kauai Exclusive Management
services. Personal information is information about you that is personally
identifiable like your name, address, email address, or phone number,
and that is not otherwise publicly available.
• This policy does not apply to the practices of companies that Kauai
Exclusive Management does not own or control, or to people that Kauai
Exclusive Management does not employ or manage.
Information Collection and Use
• Kauai Exclusive Management collects personal information
when you register with Kauai Exclusive Management, when you use Kauai
Exclusive Management services, and when you visit the Kauai Exclusive
Management Web site. Kauai Exclusive Management may combine information
about you that we have with information we obtain from business partners
or other companies.
• When you register we may ask for information such as your name, address,
email address, birth date, and postal code. Once you register with Kauai
Exclusive Management and sign in to our services, you are not anonymous
• Kauai Exclusive Management collects information about your transactions
with us, including information about your use of the services that we
• Kauai Exclusive Management automatically receives and records information
on our server logs from your browser, including your IP address, Kauai
Exclusive Management cookie information, and the page you request.
• Kauai Exclusive Management uses information for the following general
purposes: to fulfill your requests for services, improve our services,
contact you, conduct research, and provide anonymous reporting for internal
Information Sharing and Disclosure
• Kauai Exclusive Management does not rent, sell, or share
personal information about you with other people except to provide you
with the services you've requested, when we have your permission, or
under the following circumstances:
- We respond to subpoenas, court orders, or legal process, or to
establish or exercise our legal rights or defend against legal claims;
- We believe it is necessary to share information in order to investigate,
prevent, or take action regarding illegal activities, suspected fraud,
situations involving potential threats to the physical safety of any
otherwise required by law.
- We transfer information about you if Kauai Exclusive Management is
acquired by or merged with another company. In this event, Kauai Exclusive
Management will notify you before information about you is transferred
• Kauai Exclusive Management may set and access Kauai Exclusive
Management cookies on your computer.
• Kauai Exclusive Management lets other companies that show advertisements
on some of our pages set and access their cookies on your computer.
Other companies' use of their cookies is subject to their own privacy
policies, not this one. Advertisers or other companies do not have access
to Kauai Exclusive Management cookies.
• We reserve the right to send you certain communications relating to
the Kauai Exclusive Management service, such as service announcements,
administrative messages and the Kauai Exclusive Management Newsletter,
that are considered part of your Kauai Exclusive Management account,
without offering you the opportunity to opt-out of receiving them.
• You can delete your Kauai Exclusive Management account by accessing
your account information.
Confidentiality and Security
• We limit access to personal information about you to employees who
we believe reasonably need to come into contact with that information
to provide services to you or in order to do their jobs.
• Your Kauai Exclusive Management account information is password-protected.
• In certain areas Kauai Exclusive Management uses industry-standard
SSL-encryption to protect data transmissions.
• Kauai Exclusive Management may update this policy. We will notify
you about significant changes in the way we treat personal information
by sending a notice to the primary email address specified in your Kauai
Exclusive Management account or by placing a prominent notice on our
Questions and Suggestions
• If you have questions or suggestions, please contact us.
A cookie is a small amount of data, which often includes an anonymous
unique identifier, that is sent to your browser from a web site's computers
and stored on your computer's hard drive.
Each web site can send its own cookie to your browser if your browser's
preferences allow it, but (to protect your privacy) your browser only
permits a web site to access the cookies it has already sent to you,
not the cookies sent to you by other sites.
Choices about Cookies
• You can configure your browser to accept all cookies, reject all cookies,
or notify you when a cookie is set. (Each browser is different, so check
the "Help" menu of your browser to learn how to change your cookie preferences.)
• If you reject all cookies, you will not be able to use Kauai Exclusive
Management services that require you to "sign in," and you may not be
able to take full advantage of all offerings. However, many Kauai Exclusive
Management services do not require that you accept cookies.
Kauai Exclusive Management Practices Regarding Cookies
Kauai Exclusive Management uses its own cookies for a number of purposes,
• Access your information when you "sign in," so that we can provide
you with customized content.
• Keep track of preferences you specify while you are using Kauai Exclusive
Management services - for example, the local zip code you want to use.
• Estimate and report our total audience size and traffic.
• Conduct research to improve Kauai Exclusive Management content and
• Require you to re-enter your Kauai Exclusive Management password after
a certain period of time has elapsed to protect you against others accidentally
accessing your account information.
Other Companies' Cookies on Kauai Exclusive Management
• Please note that Yahoo! allows other companies that are presenting
advertisements or researching users' response to advertisements on some
of our pages to set and access their cookies on your computer.
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Our philosophy is very simple: we are dedicated to ensuring your
ultimate satisfaction as a traveling guest to Kauai. Our goal
is to ensure that you experience an incredible Kauai vacation
and leave with the Hawaiian spirit.
to Owners :
Our philosophy is very simple:
We are dedicated to ensuring your ultimate satisfaction as a property
owner in Kauai. Our mission is to provide you with peace of mind
that your assets will be well cared for, provide you with professional
and personal service, and help you achieve your revenue goals.
We are not only an investment, but your key to a trouble-free
property management solution.