Terms of Use - Servco

Last updated: January 30, 2019

1. Introduction

These Terms of Use (“Terms of Use”) govern your (“you” or “user”) access and use of any website, mobile application, social media account or online service and their features and their respective contents (collectively, the “Services”) of Servco and its subsidiaries and affiliated companies (collectively, “the Company,” “Servco”, “we”, or “us”). By accessing or using the Services, you agree to be bound by these Terms of Use and our Privacy Policy. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in our Privacy Policy.

If you do not agree to these Terms, please stop using the Services immediately.

When using particular services or features on the Services, you shall be subject to any posted guidelines or policies applicable to such services that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, use the Services, and fulfill the obligations set forth in this Agreement.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND SERVCO ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION.

2. Privacy

Use of the Services is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability, dispute resolution and arbitration provisions contained in this Agreement.

3. Account; Registrations

You may be asked to create an account in order to access certain features on the Services. In order to create an account, we may ask you to complete a registration form, provide an email address, and create a password (“Account Information”). When you register for an account, the following rules apply:

Only provide accurate and current Account Information.
Inform Servco immediately of any unauthorized use of your account.
You are responsible for anything that happens through your account – with or without your permission. Servco is not responsible for any loss or activity that results from the unauthorized use of your account.

We may suspend or terminate your account or access to the Services at any time with or without notice if we suspect an unauthorized use of your account.

By registering for an account, you acknowledge and agree that Servco may contact you using the information that you provide to us.

4. User Content

The Services may contain community areas where you can post or submit information or content (“User Content”). To the extent you submit User Content to us, you understand and agree that it will not be treated in confidence by us except for Personal Information pursuant to our Privacy Policy.

You are solely responsible for any User Content you submit to the Services and any consequences of posting or publishing such User Content. You understand that your User Content may be viewable by the general public. You also agree that we and our third party service providers may contact you via email about any submission.

We may run various campaigns featuring User Content from time to time. These campaigns may be governed by additional terms and conditions. We reserve the right to remove or refuse any User Content that does not comply with these Terms and the following restrictions:

Only post User Content to the Services if you have all permissions and rights needed to make that content available, including from any individuals who appear or are mentioned in your User Content.
Do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate.
Do not post any advertising, solicitation or commercial content on the Services or accept payment from a third party in exchange for performing commercial activity on the Services without permission from Servco.
Do not collect or solicit personal information from other Servco users or send unsolicited messages.
Do not use automated technology to interact with the Services.
Do not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

No Obligation to Monitor. We have the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.

Ownership of User Content. You grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license to (a) use, copy, transmit, distribute, modify, create derivative works, adapt, delete, sub-license, combine with other ideas or works, publish, translate, publicly perform, and publicly display your User Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Content in any manner and for any commercial purpose (including, product, service or advertising).

Liability. We take no responsibility for, we do not expressly or implicitly endorse, and we expressly disclaim any liability for the conduct of users or for any views, opinions and statements expressed in the User Content. You use the Services and view any User Content strictly at your own risk. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of User Content to the Services.
We reserve the right to revoke your use or access to the Services at any time, in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to the interests of the Servco companies or its subsidiaries and affiliates.

5. Copyright; Trademarks

You acknowledge and agree that all materials on the Services (except for User Content), including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Servco or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights.

You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Servco or the respective copyright owner.

Servco authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. Servco and the Servco logo are registered trademarks of Servco Pacific Inc.

All other trademarks, service marks, domain names, logos, company names and indicia of origin (collectively, “Marks”) referred to on the Services are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the sole property of Servco or its affiliates or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Servco and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Servco and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Servco will enforce its intellectual property rights to the fullest extent of the law.

DMCA. We respect the rights of intellectual property owners. If you believe that any content on the Services infringes your intellectual property rights or other rights, please contact our Designated Agent for receiving such notifications in writing as follows:

Servco Pacific Inc.
Corporate Secretary
DMCA Agent
2850A Pukoloa Street
Honolulu, HI 96819
Phone: (808) 564-2356
Email: [email protected]

Your communication must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
Specific identification of each copyrighted work claimed to have been infringed;
A description of where the material believed to be infringing is located on Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

Reporting Trademark or Other IP Violations. If you are a trademark owner or owner of other intellectual property rights and believe that any content on the Services infringes upon your rights, we strongly encourage you to resolve your disputes directly with the user who posted the content in question. You can also submit a written claim of infringement to our Designated Agent, listed above. We may perform a limited review of reasonable complaints and will remove content in clear cases of infringement. To further encourage resolution between users, we will forward each trademark complaint to the uploader before taking any action, giving the uploader the opportunity to address any potential trademark or other intellectual property issues.

If such reports are made against you, we may disable your account when appropriate and/or terminate your access to the Services if, under appropriate circumstances, you are determined to be a repeat infringer of other people’s trademark or other intellectual property rights.

6. Additional Terms and Conditions

Additional terms and conditions may apply to specific content, features, sweepstakes, promotions or your use of certain portions of the Services. These additional terms are also legally binding.

7. Links; Third Party Websites

Links on the Services to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that the Servco Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Servco expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for 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 or third party application provider. You agree that the Servco Parties 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 or third party application providers on the Services.

8. Disclaimer; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, SERVCO, ITS OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “SERVCO PARTIES”, EACH A “SERVCO PARTY”) EXPRESSLY DISCLAIM 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. SERVCO IS NOT RESPONSIBLE FOR ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THE SERVICES OR ANY CLAIMS OF QUALITY OR PERFORMANCE MADE ON OR THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVCO PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, 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 THE SERVCO PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SERVCO PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL SERVICES OR THIRD PARTY APPLICATIONS OR SUBSCRIPTIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, SERVICE OR PRODUCT MISUSE, SERVICE OR PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.

THE SERVCO PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR USER CONTENT, TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (V) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SERVCO AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR INFORMATION OR SERVICE PURCHASED BY YOU FROM SERVCO ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID SERVCO ANY AMOUNTS FOR INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SERVCO IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to indemnify, defend and hold harmless the Servco Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of the Services, any activity related to your account by you or any other person, any material that you submit to, transmit through the Services, your breach of this Agreement, or termination of your access to the Services.

10. Service Usage; Termination of Usage

You are required to provide personal information on the Services in order to take advantage of certain features of the Services. If you provide information on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or Servco has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Servco has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.

You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.

You further agree that you will not access the Services by any means except through the interface provided by Servco for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of Servco is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of Servco is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.

Servco makes no representation that Materials contained on the Services or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not the Servco Parties, are responsible for compliance with applicable local laws.

This Agreement is effective unless and until terminated by either you or Servco. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services. Servco also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in Servco’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Servco Parties. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the Agreement or otherwise.

Servco reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Servco Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.

You agree that Servco may terminate or suspend your access to all or part of the Services, without notice, for any conduct that Servco, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or the Servco Parties.

11. Dispute Resolution – Arbitration Agreement

If a dispute arises between you and a Servco Party, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. When you have a problem with a Servco Party, you hereby agree that you will first give the Servco Party an opportunity to resolve your problem or dispute. You may send a written description of your problem or dispute to: [email protected]. If for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after our receipt of your written description of it, you agree to the arbitration provisions below.

We will make every reasonable effort to informally resolve any claims, complaints, disputes, or disagreements that you may have with us.

To the extent permitted by applicable law, by agreeing to these Terms and by using the Services, you agree that, if those efforts fail, any complaint, dispute, or disagreement you may have against a Servco Party and any claim that a Servco Party may have against you, arising out of, relating to, or connected in any way with these Terms or our Privacy Policy, shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures (in effect at the time the Arbitration is initiated) or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com.

YOU AND THE SERVCO PARTIES AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.

The arbitration shall be conducted in Honolulu, Hawaii and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or a Servco Party may seek any interim or preliminary relief from a court of competent jurisdiction in Honolulu County, Hawaii, necessary to protect the rights or property of you or the Servco Party, pending the completion of arbitration.

A single arbitrator will be selected in accordance with JAMS. The arbitration shall be conducted in English. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms (or our Privacy Policy, if necessary) and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must include a written explanation and will remain confidential.

If any provision of this agreement to arbitrate in this Dispute Resolution Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Furthermore, this Dispute Resolution Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

This Dispute Resolution Section shall survive any termination of your account or the Services. In the event that the arbitration provisions above are found not to apply to you or to a particular claim or controversy, either as a result of your decision or as a result of a decision by the arbitrator or a court order, you agree that any claim must be resolved exclusively by a state or federal court located in Honolulu County, Hawaii. You and Servco agree to submit to the personal jurisdiction of the courts located within the State of Hawaii for the purpose of litigating all such claims or controversies.

Arbitration Opt-Out. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SERVICES, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO [email protected]. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.

12. Applicable Law; Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Hawaii and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Honolulu, Hawaii.

13. Severability; Interpretation

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

14. Entire Agreement

This Agreement, including the Privacy Policy and other policies incorporated herein, constitutes the entire and only Agreement between Servco and each user of the Services with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the use of the Services.

15. Assignment

You may not assign this Agreement herein without the prior written consent of Servco but we may assign this Agreement without any notice to you.

16. Survival

Sections 4, 5, 8, 9, 12, 14, 15, and 17 herein, as well as any other sections of this Agreement that, either explicitly or by their nature, must remain in effect even after termination of this Agreement, shall survive termination.

17. Miscellaneous

The failure of Servco and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of Servco and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

18. Updates

These Terms and other information on the Services may be updated periodically and without prior notice to you, and any changes will be effective immediately upon the posting of the revised policy on the Services. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Services after this Agreement has been modified, you are agreeing to such modifications. However, we will use your Personal Information in a manner consistent with the Policy in effect at the time you submitted the information, unless you consent to the new or revised notice.

19. How to Contact Us

If you have any comments, questions, or complaints regarding this Agreement or the Services, please contact Servco Marketing/Online Services. We will address any issue to the best of our abilities as soon as possible.

By mail at:
Servco Pacific Inc.
Attn: Servco Marketing
2850A Pukoloa Street
Honolulu, HI 96819

By phone at: (808) 564-2356
By email at: [email protected]