Terms & Conditions of Use

Terms & Conditions of Use

Please read the following Terms and Conditions of Use carefully before using this website.  Your use of this website is expressly conditioned on your acceptance of these Terms and Conditions of Use without any modifications.  Your use of this website constitutes your acceptance of all the terms and conditions set forth herein.  If you do not agree with any part of these Terms and Conditions of Use, you may not use this website.

I.          Definitions
Any use herein of the terms “Chaminade’s website”, “the Chaminade website”, or just “website” refers to all webpages that are identified with and under the control of Chaminade.

The terms “Chaminade”, “us”, “our”, “we”, and any variation thereof refer to the Chaminade University of Honolulu and may include independent contractors who operate portions of the Chaminade website on Chaminade’s behalf.

II.        Ownership Notice
Unless otherwise noted, this website and all of the materials contained herein, including the HTML code, source code, and any other code used to generate any portion of this website, are the copyrighted property of Chaminade or of third parties who have licensed Chaminade to use their property.  None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Chaminade; provided, however, that users may reproduce a single copy of any webpage for their personal use.  In addition, the trademarks, logos, and service marks displayed on this website (collectively the “Service Marks”) are registered and/or common law service marks of Chaminade and/or third party service providers.  Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Service Marks without the written permission of Chaminade and/or the appropriate third party service providers.

By submitting content to any public or non-public area of the Chaminade website, including message boards, forums, contests, and chat rooms, you grant Chaminade and its affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.  You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You also permit any visitor to the Chaminade website to access, display, view, store, and reproduce such content for personal use.  Subject to the foregoing, the owner of such content placed on the Chaminade website retains any and all rights that may exist in such content.
Chaminade appreciates receiving comments regarding its services and the Chaminade website.  Please be advised, however, that if you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively, the “Submission”), the Submission shall be the property of Chaminade.  No portion of the Submission shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submission.  Chaminade shall own exclusively all now known or later discovered rights in and to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.

III.       No Unlawful or Prohibited Use
As a condition of your use of this website, you agree that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use.  Actions that you agree not to take include, but are not limited to: (1) taking or attempting to take any action that grants you access to the website to an extent greater than authorized by Chaminade; (2) taking or attempting to take any action that results in an unauthorized modification, addition, or deletion to the website; (3) taking or attempting to take any action that violates the security of the website; (4) taking or attempting to take any action that would impose an unreasonable or excessively large load on the website’s infrastructure; and (5) knowingly providing false or misleading information to Chaminade.

IV.       Supplemental Terms and Conditions of Use for Specific Website Services
Supplemental Terms and Conditions of Use may be applicable to some services offered on Chaminade’s website.

These Supplemental Terms and Conditions are expressly incorporated into and made a part of these Terms and Conditions of Use.

V.        Personal and Non-Commercial Use Limitation
Except as otherwise allowed by Chaminade, this website is strictly for your personal and non-commercial use.  In the absence of Chaminade’s express prior written consent, you may not modify, copy, transmit, distribute, display, publish, or reproduce this website or any part thereof for any purpose other than your own personal and non-commercial use.

VI.       Privacy Policy
Please review our Privacy Policy for a discussion of what personal information we collect, what we do with this information, and how we keep it safe.

VII.     Children
Chaminade believes that it is extremely important to protect children’s personal information.  As a result, no one under the age of 16 is allowed to use any features of this website that result in our actively collecting personal information.  By using any such features, you represent that you are age 16 or older.

VIII.    Links to Third Party Websites
This website may contain hypertext links to other websites that are maintained by and under the control of third parties (the “Linked Websites”).  Chaminade is not responsible for, and makes no representation or warranty regarding, the content or accuracy of any of the Linked Websites.  The inclusion of a link does not mean that Chaminade endorses, has reviewed, or approves of the Linked Website or the individuals and/or organizations responsible for the Linked Website.  These hypertext links are provided as a convenience only, and Chaminade is not responsible for any content that can be accessed through a hypertext link.  If you access a Linked Website, you do so at your own risk.  Any questions that you have about one of the Linked Websites should be directed to the individuals and/or organizations responsible for that website.

The Internet is a distributed network of millions of computers.  Although we attempt to verify all links on a regular basis, there is a possibility that the particular server that you are attempting to link to is not currently operational.  Please e-mail us at webmaster@chaminade.edu to let us know about a broken hyperlink.

IX.       Bookmarking and Linking to Our Website
Except as may be expressly allowed to the contrary by Chaminade, individuals may bookmark or point to any page within Chaminade’s website only for personal, non-commercial use.

Other users/websites MAY: (1) include a link to Chaminade’s website by pointing to the website’s home page at http://www.chaminade.edu.

Other users/websites MAY NOT without Chaminade’s express written consent: (1) point or link from a website directly to content within Chaminade’s website other than by pointing or linking to http://www.chaminade.edu; (2) copy, modify, or display Chaminade’s name, logo, text, or graphic images in any way; or (3) redeliver any of the pages/text/images/content of Chaminade’s website using “framing" technology unless it is clear that Chaminade is the source of the pages/text/images/content.

X.        Disclaimer of Warranty and Limitation of Liability
Chaminade makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, and accuracy of the information, products, services, related graphics, and all other content found on this website.  All such information, products, services, related graphics, and all other content found on this website are provided “as is” without any kind of warranty.  Chaminade hereby disclaims all warranties and conditions with regard to such information, products, services, related graphics, and all other content found on this website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

In no event shall Chaminade be liable for any direct, indirect, punitive, incidental, special, consequential, or any other type of damages arising out of or in any way related to the use or performance of Chaminade’s website, the provision of or failure to provide services, or for any information, products, services, related graphics, and other materials obtained through Chaminade’s website, or otherwise arising out of the use of Chaminade’s website, whether based on contract, tort, negligence, strict liability, or otherwise, even if Chaminade has been advised of the possibility of such damages.

Please note that because some states/jurisdictions do not allow the disclaimer of certain warranties and/or the exclusion or limitation of liability for certain types of damages, some of the preceding disclaimer, exclusion, and limitation may not apply to you.  In such event, please see the section below entitled “Restriction on Use Based on Location.”

XI.       Amendments to These Terms and Conditions of Use
From time to time, it may be necessary for Chaminade to amend these Terms and Conditions of Use.  You are responsible for regularly reviewing these Terms and Conditions of Use so that you will be aware of any changes.  Please note that your continued use of this website means that you accept the amendments to these Terms and Conditions of Use.

XII.      Governing Law
This agreement and its performance are governed by the laws of the State of Hawaii and the United States of America without regard to any conflicts of law provisions.  You agree to submit to the exclusive jurisdiction of the state and federal courts located in the City & County of Honolulu, State of Hawaii, United States of America, for all disputes and issues regarding your use of this website and your compliance with these Terms and Conditions of Use. 

XIII.    Restriction on Use Based on Location
Use of this website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions of Use.

XIV.    Accessing the Website in Countries Other Than the United States
Chaminade makes no claims regarding the legality of viewing or downloading the content of this website in any country other than the United States.  Anyone who accesses this website in a country other than the United States does so at his or her own risk.

XV.      Violation of These Terms and Conditions of Use
If Chaminade determines that you have violated any provision of these Terms and Conditions of Use, Chaminade has the right, in its sole discretion, to pursue any and all of its legal remedies.

XVI.    Indemnification
You agree to defend, indemnify, and hold harmless Chaminade and its officers, directors, employees, and agents from and against any and all claims arising from your use of the website.

XVII.   Severability
If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms and Conditions of Use will remain unaffected.

XVIII. Headings
The headings in these Terms and Conditions of Use are included solely for convenience and will not limit or otherwise affect these Terms and Conditions of Use.

XIX.    Entire Agreement
These Terms and Conditions of Use and any other policies and/or guidelines referred to herein constitute the entire agreement between you and Chaminade regarding this website, and supersede all other prior or concurrent oral or written letters, agreements, or understandings related to this website.

XX.      Contact Us
If you have any questions or comments, we can be contacted by e-mail at webmaster@chaminade.edu, by telephone at 808.735.4711, and by postal mail at 3140 Waialae Avenue, Honolulu, Hawaii, 96816-1578, USA.