Last modified: 12/7/20
This Website, including all its all of the software and code comprising or used to operate this Website, and all of the text, information, displays, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, features, functionality, and other materials available on this Website, including the design, selection, and arrangement thereof (collectively, the “Content”) is protected under applicable United States and international intellectual property and other laws, including without limitation copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All Content and intellectual property rights thereto are the property of Company or its licensors, and all Content is used with the permission of the rights owner thereof. The presence of any Content on this Website does not constitute a waiver of any right in such Content. No right, title, or interest in or to the Website or the Content is transferred to you, and all rights not expressly granted herein are reserved by the Company.
The Content may not be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, adapted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted only to the extent necessary to lawfully access and use this Website, including your computer’s temporary storage of copies of such materials in RAM incidental to your accessing and viewing those materials. You may also display, download, or print one copy of this Website or portions of this Website on a temporary basis for your personal, educational, non-commercial use only, or for legitimate business purposes related to your role as a legitimate business affiliate of the Company, provided that you do not: (i) modify the Content; (ii) delete, omit, or alter any copyright, trademark, or other proprietary notices contained in the Content; (iii) use any illustrations, photographs, videos, or graphics separately from the accompanying text; or (iv) reproduce, publish, or distribute the Content in any media.
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Wai Kai is a commercial development project that is still under construction. The construction schedule and anticipated completion date reflected on the Website are estimates and are subject to change. Wai Kai and all drawings, mock-ups, renderings, descriptions, and depictions of Wai Kai on the Website are subject to change.
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Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, CONTRACTORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES, DAMAGES, AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY OR PROPRIETARY MATERIAL; LOSS OF GOODWILL, CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INABILITY TO USE THIS WEBSITE, OR THE USE OF ANY WEBSITES LINKED TO THIS WEBSITE, WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY (AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, MEMBERS, MANAGERS, PARTNERS, LICENSORS, SUCCESSORS, ASSIGNS, AND EMPLOYEES) TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE CONDUCT OUT OF WHICH THE LIABILITY AROSE.
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, this Website (or any portion thereof) and/or the Content, information, materials, products, and/or services available through this Website (or any part thereof) at our sole discretion, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Website. Additionally, although we may update this Website from time to time, the Content is not necessarily complete or up-to-date. Any Content or information on the Website may be out of date at any given time, and we are under no obligation to update such material.
Our Website is provided from the United States. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States.
ANY CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE SITE MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU. EACH CLAIM SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.
YOU ADDITIONALLY AGREE TO HOLD THE COMPANY AND ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS HARMLESS FROM AND WAIVE ANY CLAIMS AGAINST THE FOREGOING PARTIES RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY SUCH PARTY OR LAW ENFORCEMENT AUTHORITIES.