Last Revised On: May 19. 2013
1. Related Agreements.
a. Google. Portions of our Sites and Services incorporate or otherwise rely upon third party products and services, including the Google Earth™ plug-in and Google Maps™ service (the “Google Services”). We are not affiliated with or endorsed by Google, Inc. However, your use of the Google Services through our Sites and Services is subject to the Google Terms of Service applicable to the Google Services, which may be found here. By using our Sites and Services, you agree to be bound by those Google Terms of Service, in addition to these Terms. Any breach by you of any Google Terms of Service will be deemed to be a breach of these Terms. We have no control over the availability, quality, features, or other aspects of the Google Services, or any modification, suspension, or termination of the Google Services. We do not make any guarantees or warranties about the Google Services, including as to the accuracy of any location identifiers, building depictions, directions, distances, imagery, or other information or content provided by Google.
b. Listings and Other Services. If any of your properties are featured in our Sites and Services, we may provide you with free or paid listings, customized mini-sites or private label portals, or other products or services, under the terms of a separate agreement between us (“Additional Terms”). Our obligations with respect to any product or service that we make available to you under any Additional Terms will be governed by the Additional Terms under which such product or service is provided. These Terms will supplement any Additional Terms, but the Additional Terms will control over any conflict between them and these Terms with respect to the product or service offered under those Additional Terms.
2. Use of Our Sites and Services.
a. Limited License. We grant you a non-exclusive, non-transferable license to access and use our Sites and Services for your own personal, non-commercial purposes, conditioned upon your compliance with these Terms. You agree not to reproduce, distribute, display, perform, sell, use, or otherwise exploit any portion of our Sites and Services for commercial purposes, except as expressly permitted under any applicable Additional Terms. You understand that our Sites and Services are meant to be used only as a rough guide for travel planning and to provide rough geographic locations of accommodations, restaurants, activities, shopping, real estate listings, and other listings, and that the information available through our Sites and Services is not necessarily accurate.
b. Your Responsibilities. You are responsible for obtaining and maintaining all equipment and services needed to access and use any of our Sites and Services and for paying all related charges. You agree to: (a) provide true, accurate, current, and complete information as prompted by any registration or other form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.
c. U.S. Government Restricted Rights. If our Sites and Services are used or accessed by or on behalf of the United States Government, such use or access is subject to this paragraph. Our Sites and Services and any related documentation are deemed to be a “Commercial item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, and any other applicable civilian and military Federal acquisition regulations. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, our Sites and Services are being licensed to U.S. Government end users (a) only as Commercial items, and (b) with only those rights as are granted to all other end users pursuant to these Terms.
d. International Access. Our Sites and Services may be accessible from countries other than the United States but may contain references to products or services that are not available outside of the United States. Any such references do not imply that such products or services should be used, have been approved, or will be made available outside the United States. If you access and use any of our Sites and Services outside the United States, you are responsible for complying with all applicable local, state, federal, national, provincial, foreign, or international statute, treaty, regulation, rule, order, and other laws (each, a “Law”). For example, you agree to comply with all export and re-export Laws, including but not limited to all international trade and economic sanctions and all restrictions and regulations of the United States Departments of Commerce, Homeland Security, State, and the Treasury, as well as all other United States agencies and authorities, and not to transfer, or authorize the transfer, any aspect of our Sites and Services to a prohibited person or country or otherwise in violation of any Laws.
3. Limited Uses.
a. Prohibitions. You agree not to use any of our Sites and Services to: (i) violate any Law; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (v) stalk, harass, or harm another individual; (vi) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (vii) interfere with or disrupt any of our Sites and Services or servers or networks operated or used by us, or disobey any requirements, procedures, policies, or regulations of such networks; (viii) give you or any other person or entity access to mass downloads or bulk feeds of any data, images, or other content made available on or through our Sites and Services, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data; or (ix) develop or operate any applications, products, systems, or functions for (1) real-time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user’s sensor-enabled device, (2) automatic or autonomous control of vehicle behavior, or (3) dispatch, fleet management, business asset tracking, or similar enterprise applications.
b. No Critical Uses. YOU UNDERSTAND THAT OUR SITES AND SERVICES ARE NOT INTENDED FOR USE IN ANY RESEARCH, PLANNING, ACTIVITIES, OR FUNCTIONS THAT ARE MISSION-CRITICAL OR INTENDED TO PROTECT THE HEALTH, WELFARE, OR SAFETY OF ANY INDIVIDUALS, OR FOR ANY OTHER USE IN WHICH THE FAILURE OF OUR SITES AND SERVICES MAY CAUSE INJURY OR DAMAGE TO ANY PERSON OR PROPERTY, INCLUDING WITHOUT LIMITATION TO PLAN ESCAPE ROUTES IN THE EVENT OF FIRE, EARTHQUAKE, OR OTHER NATURAL DISASTERS. YOU AGREE NOT TO USE OUR SITES AND SERVICES FOR ANY SUCH PURPOSES.
c. No Children. Our Sites and Services are not intended for use by children. If you are under the age of eighteen (18), you may not use our Sites and Services.
4. Password and Security. Some of our Sites and Services may require you to register for an account with a username and password. You are responsible for maintaining the confidentiality of your password for any of our Sites and Services, and you are solely responsible for all activities that occur under your account. You agree not to sell, transfer or assign your account or any associated rights. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to any of our Sites and Services. We reserve the right to require you to alter your password if we believe that your account is no longer secure. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
5. Third Party Content.
a. Responsibility for Third Party Content. Our Sites and Services contain property descriptions, pricing, photographs, videos, audio content, software (such as the Google Earth™ plug-in) and other information and content (collectively, “Content”), provided by Listing Publishers, users of our Sites and Services (including you), software developers (including Google), and other persons and entities other than us (collectively, “Third Party Content”). Third Party Content includes, but is not limited to, Content that you upload or otherwise make available on or through our Sites and Services (collectively, “Your Submissions”). Any opinions, advice, statements, views, positions, services, offers, or other Third Party Content expressed or made available on our Sites and Services are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position. You use or rely on Third Party Content at your own risk. We do not guarantee, and disclaim all responsibility for, the validity, accuracy, truthfulness, completeness, reliability, availability, or usefulness of any Third Party Content. We are not responsible for any errors or omissions in any Third Party Content, or for hyperlinks embedded in any Third Party Content. Under no circumstances will we, our parents, subsidiaries, or affiliates, our or their respective licensors, suppliers, distributors, or customers, or our or their respective officers, directors, managers, employees, contractors, representatives, or agents (collectively, the “3DT Parties”) have any liability for or in connection with any loss or damage caused by your use of or reliance on any Third Party Content made available on or through any of our Sites and Services. In addition, we have no control over, and will have no liability resulting from, the use (including without limitation re-publication) or misuse by any third party of any personal information or other material contained in Your Submissions voluntarily made public through any of our Sites and Services.
b. Reporting of Third Party Content. If you believe there is any Third Party Content being made available through our Sites and Services that is inaccurate, false, misleading, or otherwise in violation of these Terms, you may report your concern to email@example.com. If we determine that any Third Party Content is in violation of these Terms, we will use reasonable efforts to remove or block access to that Third Party Content or request the provider of that Third Party Content to correct the problem.
6. Your Submissions.
a. License to Your Submissions. As between us, you own all rights to Your Submissions. However, you hereby grant to us, and our parents, subsidiaries, affiliates, successors, and assigns, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, transferable, sublicensable (through multiple tiers) license, without additional compensation to you or any third party, to host, store, cache, index, reproduce, modify, adapt, translate, publish, distribute, transmit, perform, display (publicly or otherwise), use, and otherwise exploit Your Submissions (in whole or in part) in any format or medium, whether now known or hereafter developed (including without limitation Internet, cable, satellite, and wireless media), for any and all purposes, including but not limited to any advertising or promotional purposes. We reserve the right to display advertisements in connection with Your Submissions. You also hereby grant to each user of our Sites and Services an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, transferable, sublicensable (through multiple tiers) license, without additional compensation to you or any third party, to access Your Submission through our Sites and Services, and to tag, rate, review, comment on, flag, reproduce, distribute, display, perform, use, and otherwise exploit any of Your Submissions as permitted through the functionality of our Sites and Services and under these Terms. You understand that if you include any personal information in Your Submission, that information may be visible to other users of our Sites and Services, and you hereby authorize us to publish such personal information. To the extent any right you may have in or relating to any of Your Submissions cannot be licensed to us under any applicable law or legal theory, including without limitation any rights of publicity or privacy or any “moral” rights, you hereby irrevocably waive any and all such rights.
b. Treatment of Your Submissions. We may, but are not obligated to, pre-screen Your Submissions or monitor any of our Sites and Services through which Your Submissions may be submitted, and you agree that you are solely responsible for all of Your Submissions. We are not required to host, display, or distribute any of Your Submissions, and may remove at any time or refuse any of Your Submissions. You understand that we have no obligation to store, archive, or backup any of Your Submissions, and it is your sole responsibility to retain copies of Your Submissions for your own future reference and use. We are not responsible for any loss, theft, or damage of any kind to any of Your Submissions.
c. Content of Your Submissions. You represent and warrant that: (i) you own all intellectual property and all other rights in Your Submissions or, alternatively, you have acquired all necessary rights in Your Submissions to enable you to grant the rights in Your Submissions described in these Terms; (ii) if any of Your Submissions are submitted by you on behalf of a property owner or other entity, you are authorized to submit them on behalf of such entity; (iii) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any commercial exploitation or other use of Your Submissions; (iv) you are the individual pictured and/or heard in Your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in Your Submissions to grant the rights to us described in these Terms, and you will make such permissions available to us upon request; (v) Your Submissions do not infringe the intellectual property rights, privacy, publicity, or any other legal or moral rights of any third party; (vi) Your Submissions do not violate any Law; (viii) the factual information contained in Your Submissions is not false, inaccurate, or misleading; and (ix) Your Submissions are not, and may not be reasonably considered to be, defamatory or libelous; hateful; racially, ethnically, religiously, or otherwise biased or offensive; unlawfully threatening or harassing to any person or entity; vulgar, pornographic, or obscene; or invasive of another person’s privacy.
7. Intellectual Property Matters.
a. Our Content. As between us, we own all Content displayed or offered on or through our Sites and Services, including but not limited to our selection and arrangement of Third Party Content, but excluding any Third Party Content itself (collectively, “Our Content”). Our Content is protected under United States and international copyright Laws and is subject to other intellectual property and proprietary rights and Laws. Except as expressly stated in these Terms, Our Content may not be copied, modified, reproduced, republished, distributed, transmitted, sold, used, or otherwise exploited in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content and must not remove any trademark, copyright, or other notice from any of Our Content.
b. Trademarks. 3D Travel™, 3DHawaii™,3DLasVegas™ AND “You Dream. We’ll Navigate.”, as well as certain other of the names, logos, and materials displayed in or through our Sites and Services constitute trademarks, trade names, service marks, or logos (collectively, the “Marks”) of us, our parents, subsidiaries, affiliates, licensors, or other entities. You are not authorized to use any of the Marks. Ownership of the Marks and the goodwill associated therewith remains with us or those other entities.
c. Copyright Infringement. We respect the intellectual property rights of others. Accordingly, we have a policy of removing Third Party Content that violates copyright law, suspending access to all or any portion of our Sites and Services to any user who uses our Sites and Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses our Sites and Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by 3DT or a user of any of our Sites and Services, please provide written notice to the following agent for notice of claims of copyright infringement.
3D Travel, Inc.
(Attn: Legal Department)
7192 Kalanianaole HIghway, Suite A143A
Honolulu, HI 96825
Fax: (808) 536-0416
Your written notice must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.
a. Linking to our Sites. If you wish to link to any of our Sites, you may include an active link on any website you control directing a browser to the home page of that Site, provided that you agree to remove the link at any time upon our request. You may not link to or otherwise provide access to any of our Sites and Services: (i) in any way that alters the look, feel, or functionality of any aspect of our Sites and Services; or (ii) in such a way that any aspect of our Sites and Services is displayed within a frame on your site or any third party website. You also may not associate any aspect of our Sites and Services with any pornography, obscenity, or hate speech, or display any link to any aspect of our Sites and Services in a disparaging manner, in any other manner that could injure the reputation or goodwill of the 3DT Parties.
b. Data Mining. You may not use any bots, spiders, or other automated information-gathering devices or programming routines to “mine” any aspect of our Sites and Services (including but not limited to any data), for display on or use with any website or service operated or sponsored by you or any third party.
c. Links to Third Party Sites. Our Sites and Services contain links to third party websites or resources. If you decide to leave our Sites and Services and access these third party websites or resources, you do so at your own risk. The provision of any link to any third party websites or resources does not signify our approval or endorsement of such other website or resource or its contents or any other product or service. You agree that the 3DT Parties will have no responsibility or liability for any advertising, software, products, services, or Content found at or through any such website or resource.
9. Disclaimer of Warranties.
a. As-Is. YOU UNDERSTAND AND AGREE THAT USE OF ANY OF OUR SITES AND SERVICES IS AT YOUR SOLE RISK. OUR SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT ANY DOWNLOADING OR ACCESS OF ANY OF CONTENT THROUGH THE USE OF ANY OF OUR SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE 3DT PARTIES ARE NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, ANY COMPUTER EQUIPMENT OR OTHER PROPERTY.
b. No Warranties. THE 3DT PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITES AND SERVICES, OUR CONTENT, OR ANY THIRD PARTY PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY GOOGLE SERVICES OR OTHER THIRD PARTY CONTENT (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT). IN PARTICULAR, THE 3DT PARTIES DO NOT REPRESENT OR WARRANT THAT: (1) YOUR USE OF OUR SITES AND SERVICES, INCLUDING WITHOUT LIMITATION THE GOOGLE SERVICES OR ANY OTHER THIRD PARTY CONTENT, WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (2) ANY PROPERTY DESCRIPTIONS, INFORMATION, OR OTHER CONTENT OBTAINED OR VIEWED BY YOU AS A RESULT OF YOUR USE OF OUR SITES AND SERVICES WILL BE ACCURATE OR RELIABLE; OR (3) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY OF OUR SITES AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OR IN ANY OTHER FORM, OBTAINED BY YOU FROM US OR THROUGH ANY OF OUR SITES AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. THE TVV PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES.
10. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF THE TVV PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, BUSINESS REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING OR OTHER CONTENT FOUND ON OR THROUGH OUR SITES AND SERVICES; (B) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY LISTING PUBLISHER OR OTHER ADVERTISER WHOSE ADVERTISING APPEARS ON OUR SITES AND SERVICES; (C) ANY CHANGES THAT WE MAY MAKE TO OUR SITES AND SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF ANY OF OUR SITES AND SERVICES (OR ANY FEATURES WITHIN THEM); (D) ANY CHANGES THAT THIRD PARTIES MAY MAKE TO ANY THIRD PARTY PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION THE GOOGLE SERVICES OR ANY OTHER THIRD PARTY CONTENT, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF ANY OF SUCH PRODUCTS OR SERVICES (OR ANY FEATURES WITHIN THEM); (E) THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF OUR SITES AND SERVICES; (F) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; (G) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR (H) YOUR USE OF ANY OF OUR SITES AND SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT. SHOULD ANY TVV PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.
11. 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 and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of the 3DT Parties will be the minimum permitted under such applicable Law.
12. Indemnification. You agree to indemnify, defend, and hold harmless the 3DT Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense, settlement, and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense and settlement of such claim.
13. Termination. We may terminate, suspend, or modify your registration with or access to all or part of any of our Sites and Services, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable Law or is otherwise harmful to the interests of us, any other user of any of our Sites and Services, or any third party. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR SUBMISSIONS OR SUSPENDING, MODIFYING, OR TERMINATING YOUR ACCOUNT WITH OR ACCESS TO ALL OR ANY PORTION OF OUR SITES AND SERVICES. You may discontinue your participation in and access to any of our Sites and Services at any time. We reserve the right to investigate your use of any of our Sites and Services in the event we, in our sole and absolute discretion, believe you have violated these Terms. The terms of Sections 1, 3, and 5 through 18 of these Terms, as well as any other provisions that by their nature or terms should survive, will remain in full force and effect notwithstanding any termination of your use of any of our Sites and Services.
14. Modifications to Terms. We may, in our sole and absolute discretion, change these Terms from time to time. We will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse will be to cease using any of our Sites and Services. Continued use of any of our Sites and Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
15. Modifications to Our Sites and Services. We reserve the right to modify or discontinue any of our Sites and Services with or without notice to you, including but not limited to by charging fees for access to all or any portion of our Sites and Services. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE ANY OF OUR SITES AND SERVICES.
16. Disputes. These Terms and the relationship between us will be governed by the Laws of the State of Delaware as applied to agreements made, entered into, and performed entirely in Delaware by Delaware residents, notwithstanding your actual place of residence. All lawsuits arising out of or relating to these Terms or your use of any of our Sites and Services will be brought in the Federal or State courts located in Wilmington, Delaware. You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose and waive any objection to such courts on any basis, including without limitation venue or inconvenience of the forum. You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of any of our Sites and Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. Electronic Communications Notice. When you use our Sites and Services or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Nevertheless, you agree to send any notices that are required or permitted to be given by these Terms to us only in the manner specified for such purposes in these Terms or otherwise on the applicable Site.
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7192 Kalanianaole Highway, Suite A143A
Honolulu, Hawaii 96825
720 University Avenue, Suite 200
Los Gatos, CA 95032