Last Updated: November 30, 2011
We hate the legal stuff just as much as the next guy but unfortunately it needs to be said.
Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services")
made available to you (the "Member") by HomegrownHawaii.com through http://www.homegrownhawaii.com. Only users who are 18 years of age or older may register for
HomegrownHawaii.com. By completing the registration process for the HomegrownHawaii.com website, you represent that you are 18 years of age or older, and can
and will be legally bound by this Agreement. No Member may participate where doing so would be prohibited by any applicable law or regulation.
1. Description of Services
As a Member, you will be provided with a variety of services, as described on the HomegrownHawaii.com website (the "Services"). Members may also utilize certain
additional services offered from time to time such as shopping and e-commerce offerings and various informational services. HomegrownHawaii.com reserves the right to enhance,
modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at HomegrownHawaii.com's sole discretion,
with or without notice to Members, and with no obligation to Members.
2. Member Conduct
Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. HomegrownHawaii.com reserves the right,
but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does HomegrownHawaii.com guarantee that any monitoring it does perform will be
to the Member's satisfaction. Upon learning of any violation of this Agreement, HomegrownHawaii.com, at its sole discretion, may terminate your access to and use of the Services,
require you to remedy such violation, and/or take any other actions that HomegrownHawaii.com deems appropriate to enforce its rights and pursue all available remedies. Without limitation,
HomegrownHawaii.com reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
- Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral.
- Members shall not list the email addresses of people unknown to them.
- Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
- Members shall not list as referrals any email addresses which are owned by or belong to that member.
- Members shall not attempt to interfere with any other person's use of the Services.
- Members shall not misrepresent their identity or impersonate any person.
- Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the HomegrownHawaii.com website.
- Members shall not use any portion of the HomegrownHawaii.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Members shall not use any portion of the HomegrownHawaii.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Members shall not use any portion of the HomegrownHawaii.com website or the Services to post, share, promote and/or exchange Content Harmful to Minors.
- Members shall not create Groups and/or post discussion comments in Groups that advocate, contain, depict, encourage, promote or solicit Content Harmful to Minors.
- Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
- Members shall not post content that displays pornographic or sexually explicit material of any kind.
- Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
- Members shall not attempt to gain unauthorized access to HomegrownHawaii.com's database or other computer systems.
- Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by HomegrownHawaii.com in connection with the HomegrownHawaii.com website or the Services.
- Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the HomegrownHawaii.com website.
- Members shall not use any portion of the HomegrownHawaii.com website or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of HomegrownHawaii.com. HomegrownHawaii.com will remove the offending material
and alert the member against repeating the offense. If another direct violation of our Terms of Agreement is committed, a member's account will be fully terminated.
A member is not necessarily offered a warning. An account may be terminated at any time, without notice, depending on the severity of the offense.
http://www.homegrownhawaii.com/privacypolicy.aspx. Member's use of the HomegrownHawaii.com website or the Services signifies acknowledgment of and agreement to
faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal
HomegrownHawaii.com users to invite friends through email. The email address(es) that you supply to use this service will only be used to send invitations to connect with you
4. Member Account and Password
Once Member registers for HomegrownHawaii.com, Member will have a password and an account with HomegrownHawaii.com. Member is responsible for maintaining the confidentiality of
Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify
HomegrownHawaii.com of any unauthorized use of Member's account or any other breach of security known to Member.
5. Kala Credits
You may purchase currency for use solely on the HomegrownHawaii.com Site ("Kala Credits"). Kala Credits is redeemable only on the HomegrownHawaii.com site for
HomegrownHawaii.com digital merchandise and content. Kala Credits do not expire. Kala Credits is non-refundable. Kala Credits has no monetary value. Kala Credits is not
transferable or assignable.
5. Premium Membership
You may decide to upgrade your membership to Premium status for an additional annual cost. For details on pricing and what it means to be a Premium Member,
please visit http://www.HomegrownHawaii.com.com/vip/details.html. If you choose to become a Premium Member, you will be able to elect to have your membership automatically renewed on a
annual basis by enrolling in the auto-renew program. If, at any point, you wish to discontinue your Premium membership, you must visit http://www.HomegrownHawaii.com.com/vip/cancel.html
and select 'CANCEL' at least 3 days prior to your next schedule automatic payment so that we can process your cancellation properly.
6. Copyrights, Trademarks, Patents and Intellectual Property Rights
Member acknowledges that messages, files or other materials ("Content") contained on the HomegrownHawaii.com website and within HomegrownHawaii.com email messages,
and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by HomegrownHawaii.com and the Services,
are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use HomegrownHawaii.com Content or third
party Content only as expressly authorized by HomegrownHawaii.com or the third party advertiser. Member may not copy, reproduce, distribute, or create
derivative works from the HomegrownHawaii.com Content or third party Content without expressly being authorized to do so by HomegrownHawaii.com or the third party advertiser.
Member may make a copy of the HomegrownHawaii.com Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other
proprietary notices intact. Although HomegrownHawaii.com does not claim ownership of content that its Member's may provide to HomegrownHawaii.com, by providing content to HomegrownHawaii.com,
Members automatically grant, and represent and warrant that they have the right to grant, to HomegrownHawaii.com a worldwide, irrevocable, perpetual, non-exclusive,
and fully sublicenseable, license to use, copy, perform, display, and distribute said content. HomegrownHawaii.com respects copyright law and expects Members to do the same.
Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the
copyright holders' rights.
Either party may terminate use of the HomegrownHawaii.com website or the Services with or without cause at any time and effective immediately upon written
notice to the other party. HomegrownHawaii.com may terminate with or without cause at any time and effective immediately, at HomegrownHawaii.com's sole discretion, including but not
limited to Member's failure to conform with these terms and conditions of the Agreement. HomegrownHawaii.com shall not be liable to Member or any third party for termination
of use of HomegrownHawaii.com or the Services. Member's right to use HomegrownHawaii.com or the Services shall cease immediately. Member shall have no right and HomegrownHawaii.com will have no
obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.
8. Disclaimers of Warranties
Member agrees that use of the HomegrownHawaii.com website and the services is entirely at member's own risk. The HomegrownHawaii.com website and the
services are provided on an "as is" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties
of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.
To the fullest extent permitted by law, HomegrownHawaii.com disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the
HomegrownHawaii.com website and the services. To the fullest extent permitted by law, HomegrownHawaii.com disclaims any warranties for other services or goods
received through or advertised on the HomegrownHawaii.com website or the services accessed through any links on the HomegrownHawaii.com website. To the fullest
extent permitted by law, HomegrownHawaii.com disclaims any warranties for viruses or other harmful components in connection with the HomegrownHawaii.com website
or the services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
9. Limitation of Liability
Under no circumstances shall HomegrownHawaii.com be liable on account of member's use or misuse of the HomegrownHawaii.com website or the services,
whether the damages arise from use or misuse of the HomegrownHawaii.com website or the services, from inability to use the HomegrownHawaii.com website or the services,
or the interruption, suspension, modification, alteration, or termination of the HomegrownHawaii.com website or the services. Such limitation shall also apply with respect
to damages incurred by reason of other services or products received through or advertised in connection with the HomegrownHawaii.com website or the services or any links
on the HomegrownHawaii.com website, as well as by reason of any information or advice received through or advertised in connection with the HomegrownHawaii.com website or the
services or any links on the HomegrownHawaii.com website. These limitations shall apply to the fullest extent permitted by law. In some jurisdiction, limitations of liability
are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Member agrees to indemnify and hold HomegrownHawaii.com, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers,
and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold HomegrownHawaii.com harmless from any claims and expenses,
including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.
The Agreement constitutes the entire agreement between Member and HomegrownHawaii.com and governs your use of HomegrownHawaii.com and the Services, superseding any prior
agreements between Member and HomegrownHawaii.com. 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 failure of HomegrownHawaii.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such
right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
We may amend, modify, change, add or remove portions of these Terms of Service
at any time without notice to you by posting a revised version on www.HomegrownHawaii.com or
elsewhere on HomegrownHawaii.com. The revised version will be effective at the time
we post it. Please check these Terms of Service periodically for changes. Your
continued use of HomegrownHawaii.com after posting of the changes
constitutes your binding acceptance of such changes. We last modified these Terms of Service on the date stated above. However, if the revised version includes a
material change, it will be effective on the earlier of: (a) the date you accept
it; and (b) 30 days after the material changes are initially posted to www.HomegrownHawaii.com
or elsewhere on the HomegrownHawaii.com website.