Terms of Use
Last Updated: April
24, 2012
I.
Introduction
II. Privacy
III. Copyright; Trademarks
IV. Links; Third Party Websites
V. Disclaimer; Limitation of Liability
VI. Indemnification
VII. Service Usage; Termination of Usage
VIII. Applicable Law; Jurisdiction; Dispute Resolution
IX. Severability; Interpretation
X. Entire Agreement
XI. Miscellaneous
XII. Contact Information
I.
Introduction
This Terms of Use Agreement ("Agreement") governs your ("you" or "user")
access
and use of all or part of any website, mobile application or online
service and
their features and their respective contents (collectively, the
"Services") of Servco
or its subsidiaries and affiliated companies (collectively, "Servco",
"we", or
"us") including servco.com, servcoauto.com, servcoautocenter.com,
servcoautocenters.com,
servcoautohonolulu.com, servcoautoleeward.com, servcoautowindward.com,
servcolexushonolulu.com,
servcolexusmaui.com, kauaitoyota.com, servcoscion.com, servcosubaru.com,
servcoautosvckaimuki.com,
motorimportstoyota.com, toyotahawaii.com, lexushawaii.com,
scionhawaii.com, subaruhawaii.com,
suzukihawaii.com, servcoappliance.com, servcoraynor.com,
servcoinsurance.com and
any other site, mobile application or online service where these Terms
of Use
are posted (collectively, the "Sites"). By using the Services, you agree
to be
bound by the terms and conditions contained in this Agreement. If you do
not
agree to the terms and conditions contained in this Agreement, you may
not
access or otherwise use the Services.
We may, in our sole discretion, modify this Agreement with or without
notice to
you. 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. Therefore, you should review this Agreement prior to each
use of
the Services. In addition, when using particular services or features
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.
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II.
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.
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III.
Copyright; Trademarks
You acknowledge that all materials on the
Services, 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 Servco
trademarks,
service marks, domain names, logos, company names and indicia of origin
(collectively,
"Marks") referred to on the Sites 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.
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IV.
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 Servco and its Affiliated
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 Servco
and its Affiliated 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.
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.
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V.
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.
EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, SERVCO, ITS OTHER
AFFILIATED
COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER
REPRESENTATIVES (COLLECTIVELY, "SERVCO AND ITS AFFILIATED
PARTIES") 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.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, SERVCO AND ITS
AFFILIATED PARTIES MAKE NO 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 SERVCO AND ITS AFFILIATED
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, SERVCO
AND ITS AFFILIATED 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.
SERVCO AND ITS AFFILIATED 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 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 SERVCO AND AFFILIATED 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.
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VI.
Indemnification
You agree to indemnify, defend and hold harmless Servco and its
Affiliated
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.
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VII.
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 Servco and its Affiliated
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 Servco and its
Affiliated 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 Servco and its Affiliated 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 Servco and its Affiliated
Parties.
Sections
V-VII and X shall survive any termination of this Agreement.
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VIII.
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
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SERVCO HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR SERVCO SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
IX.
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."
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X.
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.
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XI.
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.
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XII.
Contact Information
If you have any comments, questions, or complaints regarding this
Agreement or
the Services, or wish to report any violation of this Agreement, please
contact
us.
Marketing/Online
Services
2850A Pukoloa Street
Honolulu, HI 96819
Phone: 808-564-2356
We will address any
issue to the
best of our abilities as soon as possible.
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©2012 Servco.
All rights reserved.