Effective Date: 9/12/2017
Last Revision: 9/12/2017
Drive Electric Hawaii administers the website at " http://driveelectrichi.com" (the "Site"). The Site provides information about Drive Electric Hawaii and its affiliates (collectively, “Drive Electric Hawaii”) and the organizations that Drive Electric Hawaii supports.
Your use of this Site is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms and Conditions”). BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
Revisions, changes, and updates
We may revise the information on the Site or otherwise change or update the Site, including these Terms and Conditions, without notice to you. Drive Electric Hawaii may also make improvements and/or changes in products and/or services described on the Site or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Site will signify your continued agreement to these Terms and Conditions as they may be revised.
Access, correction, and data integrity
Although we attempt to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, and other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting our communications manager at email@example.com.
By submitting your email address, name, company, and mailing address on the Site’s Contact Form, you agree to receive communications by email. These communications may include (but are not limited to):
- Responses from the Site’s Web Manager and/or Drive Electric Hawaii representative
- Periodic Drive Electric Hawaii Newsletters
- Site & service updates
- Surveys or questionnaires regarding Site features and possible improvements
You may revoke your permission for us to communicate with you via email by following the instructions for managing your email preferences included with each email communication from us, or by writing to us by the methods described in the “How to Contact Us” section below.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE SITE AND ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND THIRD-PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DRIVE ELECTRIC HAWAII OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE SITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY DRIVE ELECTRIC HAWAII UNLESS SPECIFICALLY STATED OTHERWISE.
Limitation of liability; choice of law
DRIVE ELECTRIC HAWAII AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AFFILIATES, SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST REVENUE, LOST PROFITS, LOST DATA, LOSS OF USE, BUSINESS INTERRUPTION, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY THIRD-PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR THIRD-PARTY WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing law and jurisdiction
These Terms and Conditions are governed by Hawaii law without regard to its principles of conflicts of law. If any version of the Uniform Computer Information Transactions Act (UCITA) is enacted as part of the law of Hawaii, that statute shall not govern any aspect of these Terms and Conditions. Any legal action or proceeding arising out of, or related to, these Terms and Conditions shall be instituted exclusively in a court of competent jurisdiction in the State of Hawaii. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You agree to defend, indemnify and hold harmless Drive Electric Hawaii, its affiliates and their respective employees, agents, officers, directors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Site.
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. • To transmit, or procure the sending of any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Drive Electric Hawaii, an Drive Electric Hawaii employee, or a user of the Site including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Drive Electric Hawaii or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
Except as otherwise indicated, all content on the Site, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Drive Electric Hawaii or its licensors and is protected by United States and international copyright laws. You may not reproduce, distribute, modify, create derivative works of, republish, download, store or transmit any of the material on the Site, except that you may view or download a single copy of the material on the Site solely for your personal, noncommercial use. The compilation of all content on the Site is the exclusive property of Drive Electric Hawaii and is protected by United States and international copyright laws. Unless specifically authorized in writing by Drive Electric Hawaii, any use of these materials, or of any materials contributed to the Site by entities other than Drive Electric Hawaii, on any other website or networked computer environment for any purpose is prohibited.
Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by Drive Electric Hawaii. Content and features are subject to change or termination without notice in the editorial discretion of Drive Electric Hawaii.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright.
In accordance with the DMCA, Drive Electric Hawaii has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Drive Electric Hawaii’s Communications Manager to the mailing address listed in the “How to Contact Us” section below.
Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Trademarks and service marks
Proprietary marks of Drive Electric Hawaii or third parties may be designated as such from time to time on the Site through use of the TM, SM, or ® symbols. Users of the Site are not authorized to make any use of the Drive Electric Hawaii marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Drive Electric Hawaii or the applicable third party.
How to Contact Us
You may contact us regarding the Site or your email preferences by sending a letter via U.S. mail or using our Contact Form. Written correspondence should be sent to us at the following address:
Attn: Drive Electric Hawaii Communications Manager
P.O. Box 2938
Honolulu, HI 96802
Waiver and severability
No waiver by Drive Electric Hawaii of any term or conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Drive Electric Hawaii to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.