Last modified: 12/7/20
2. CHILDREN UNDER THE AGE OF 13
4. YOUR CONSENT TO OTHER AGREEMENTS
5. OWNERSHIP OF THIS WEBSITE AND ITS CONTENT
8. YOUR OBLIGATIONS AND PROHIBITED USES
12. LINKS TO THIRD-PARTY WEBSITES
13. MODIFICATION AND DISCONTINUATION OF WEBSITE
16. GOVERNING LAW, JURISDICTION, AND VENUE
2. Children Under the Age of 13
4. Your Consent to Other Agreements
5. Ownership of this Website and its Content
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.
If you wish to use the Content for any purpose not expressly authorized herein, you may send a request for such use to firstname.lastname@example.org , which request may be granted or denied at Company’s sole discretion.
Anything you communicate to us, whether on or through the Website, email, mail, or through other means of communication, that is specifically about how we can improve this Website and the services we make available through this Website (“Feedback”) will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights therein. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and/or modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
8. Your Obligations and Prohibited Uses
In consideration of and as a condition to your use of this Website, you agree that to the extent you provide information to Company in connection with your use of this Website, the information will be true, accurate, current, and complete and that you will update all information as necessary to ensure that it remains as such. You may not use any aliases or other means to mask your true identity.
Additionally, you agree not to use or attempt to use the Website:
- To collect personal information, cyberstalk, or harass another Website user.
- 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 advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company or its employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
You may send to others or post a link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not use a link to our Website in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Additionally, you must not use a link to our Website in a way that causes the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
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.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE; (C) THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE, OR CURRENT; (D) THAT THIS WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR; (E) THAT DEFECTS WILL BE CORRECTED; (F) AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA; AND (G) THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ADDITIONALLY, AND WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). 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 WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, MANAGERS, MEMBERS, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
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.
12. Links to Third-Party Websites
13. Modification and Discontinuation of Website
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.
16. Governing Law, Jurisdiction, and Venue
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.