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 Exclusive Management.
Terms Of Service
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.
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
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.
Your Payment & 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”).
(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, 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 thereof).
Member Account, Password, & 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.
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 objectionable
(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 party
(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
(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:
- Comply with legal process
- Enforce the TOS
- Respond to claims that any Content violates the rights of third-parties
- 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
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
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.
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.
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.
General Practices Regarding Use & 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.
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:
- Breaches or violations of the TOS or other incorporated agreements or guidelines
- Requests by law enforcement or other government agencies
- A request by you (self-initiated account deletions)
- Discontinuance or material modification to the Service (or any part thereof)
- Unexpected technical issues or problems
- Extended periods of inactivity
Termination of your KEM account includes:
- Removal of access to the Service
- Deletion of your password and all related information, files, and content associated with or inside
your account (or any part thereof)
- 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).
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.
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.
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 form 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.
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
(v) Any other matter relating to the service
Exclusions & 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.
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.
The TOS constitute the entire agreement between you and KEM and govern your use of the Service, superseding 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: [email protected] Exclusive Management
1. 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.
2. 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 & 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 website. 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 to us.
- Kauai Exclusive Management collects information about your transactions with us, including
information about your use of the services that we offer.
- 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 use.
Information Sharing & 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
- 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
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
Kauai Exclusive Management may set and access Kauai Exclusive Management cookies on your
- 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 & 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
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 site.
Questions & 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 website 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, including to:
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 services.
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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