FURTHER, YOU AGREE TO THE USE OF ELECTRONIC DOCUMENTS FOR ALL TRANSACTIONS AND COMMUNICATIONS RELATED TO THIS KEYS SITE.
Any references to “User”, “You”, “Your”, or “Authorized User” refer to You or Your institution or business and all its related affiliates, agents, or employees who use this KEYS Site.
TERMS AND CONDITIONS
- USER OBLIGATIONS. You represent that You are at least the legal age of majority and will, at all times, provide true, accurate and complete information when submitting any information the KEYS Site, including, without limitation, when You provide information during registration or on other forms. If You provide any false, inaccurate, or incomplete information, KEYS reserves the right to terminate your access immediately to the KEYS Site. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the KEYS Site or not use this site if any applicable laws forbid its use. Without limiting the generality of the foregoing, You agree that you will not use nor disclose to any other party in a manner not permitted by this TOU any personally identifiable information, which You receive or which is made available from KEYS in connection with this TOU. In addition, You also acknowledge and agree that use of the internet and access to or transmissions or communications with the KEYS Site is solely at Your own risk. While KEYS has endeavored to create a secure and reliable KEYS Site, you should understand that the confidentiality of any communication or material transmitted to or from the KEYS Site over the Internet or other form of global communication network cannot be guaranteed. KEYS is not responsible for the security of any information transmitted to or from the KEYS Site. You agree to assume all responsibility concerning activities related to Your use of the KEYS Site. KEYS does not provide You support for the KEYS Site.
- RESTRICTIONS. This is for limited use only. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by KEYS through the KEYS Site in any manner unless expressly permitted by this TOU. In addition, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels. You may not: (i) reproduce or circumvent the navigational structure or presentation of the KEYS Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the KEYS Site, (ii) attempt to gain unauthorized access to any portion or feature of the KEYS Site, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the KEYS Site or to any KEYS server or to any of the services offered on or through the KEYS Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the KEYS Site or any network connected to the KEYS Site, nor breach the security or authentication measures on the KEYS Site or any network connected to the KEYS Site, (iv) reverse lookup, trace, or seek to trace any information on any other Authorized User of or visitor to the KEYS Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the KEYS Site or KEYS systems or networks or any systems or networks connected to the KEYS Site, (vi) use any device, software to interfere with the proper working of the KEYS Site or any transaction conducted on the KEYS Site, or with any other person’s use of the KEYS Site, (vii) resell, or otherwise permit third parties to access and use the KEYS Site (or any part thereof) without KEYS prior written permission, or (viii) use the KEYS Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact KEYS.
- TERM AND TERMINATION. This TOU and Your right to use the KEYS Site will take effect at the moment you participate in a quiz, enter your email, or use the KEYS Site and is effective until terminated as set forth below. This TOU will terminate automatically if “unsubscribe”, withdrawal from a class, or email [email protected] In addition, KEYS reserves the right at any time if You violate any term or condition of this TOU, to deny your access to the KEYS Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the KEYS Site, but all applicable provisions of this TOU will survive termination. Upon termination, you must destroy all copies of any aspect of the KEYS Site in your possession. The provisions concerning KEYS proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOU for any reason.
- LIABILITY DISCLAIMER. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KEYS AND/OR ITS SUPPLIERS OR AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. KEYS, ITS AFFILIATES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL KEYS, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF KEYS, ITS AFFILIATES AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS HAVE LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF KEYS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE KEYS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO KEYS IN CONNECTION WITH THE USE OF THIS KEYS SITE FOR THE PRIOR THREE MONTHS.
- INDEMNITY. You agree to defend, indemnify, and hold harmless KEYS and its affiliates, employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by You of this TOU. You acknowledge that any breach, threatened or actual, of this TOU may cause irreparable injury to KEYS, such injury would not be quantifiable in monetary damages, and KEYS would not have an adequate remedy at law. You therefore agree that KEYS shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOU.
- GOVERNING LAW. This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Hawaii, U.S.A. as applied to agreements entered into and completely performed in the State of Hawaii. You and KEYS each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in Honolulu in the State of Hawaii for any disputes between us under or arising out of this TOU. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOU and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim You might have against KEYS must be brought within ONE (1) year after the cause of action arises, or such claim or cause of action is barred. You access the KEYS Site on your own volition and are responsible for compliance with all applicable local laws with respect to Your access and use of the KEYS Site.
- WAIVER, NO JOINT VENTURE, SEVERABILITY. Failure by KEYS to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by KEYS of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between You and KEYS as result of this TOU or Your utilization of the KEYS Site. Headings herein are for convenience only. This TOU shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this KEYS Site; provided, however, that in the event of a conflict between such other terms and these Terms, the terms contained herein shall control.
- PROPRIETARY RIGHTS. This TOU provides You with a limited license to access and use the KEYS Site. You expressly acknowledge and agree that KEYS transfers no ownership or intellectual property interest or title in and to the KEYS Site to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, and arrangement of any content contained on or available through the KEYS Site, unless otherwise indicated, are owned, controlled, and licensed by KEYS, other third parties, or its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, KEYS does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the KEYS Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that KEYS does enforce its intellectual property rights to the fullest extent of the law. This KEYS Site is Copyright © 2016 All rights reserved. Any downloadable or printable programs, directories, databases, information, or materials available through the KEYS Site and all copyrights, trade secrets, and know how related thereto, unless otherwise indicated, are owned by KEYS or other third parties. This Site, KEYS, the KEYS logo, and all other names, logos, and icons identifying KEYS and its programs, products, and services are proprietary trademarks of KEYS, and any use of such marks, including, without limitation, as domain names, without the express written permission of KEYS is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
- THIRD PARTY PRODUCTS/SERVICES. KEYS, in its sole discretion, may post the advertisements of third parties on the KEYS Site and/or feature materials, programs, products, and services provided by third parties, including, without limitation, KEYS members. KEYS makes no representations with respect to the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the KEYS Site are solely between You and such third party. Accordingly, KEYS expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through the KEYS Site, and You agree that KEYS shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the KEYS Site.
For all other website questions, contact [email protected] with questions about content or functionality with this KEYS Site.