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Terms of Access and Use

Aloha and mahalo for visiting the Kauai Festival’s Web site. By visiting and using this Web site, the subpages and the content, you are showing that you agree to these terms of access and use. If you do not agree to these terms, we ask that you leave this Web site immediately and stop your use of and access to this Web site, the subpages and the content.

If you are a Webmaster and would like to link to any page on our site, please fill out and return our linking agreement.

Notice

You have entered an official County of Kaua‘i WEB SITE (i.e. all pages starting with “www.kauaifestivals.com”), which may be used for authorized purposes only. This WEB SITE is not nor is it intended to be an open public forum.

Definitions

As used in these terms of access and use, “WEB SITE” means and refers to any portion of the official County of Kaua‘i government Web site (i.e. all pages starting with “www.kauaifestivals.com”), the subpages and the content.

As used in these terms of access and use, “content” includes the information, material, documents, text, graphics, images, logos, and HTML programming format (including meta tags of the meta http-equivalent), and scripts.

Security and Monitoring Notice

If you browse through this Web site to read, print, or download information, navigational information may be collected, such as the following:

  • The name of the domain from which you accessed this WEB SITE;
  • The date and time any Web page on this site was accessed; and
  • The Web site address (also called the URL) of the “hyperlink” you clicked on to access a Web page on this site.

For site security purposes, and to ensure that this WEB SITE remains available to all users, network traffic may be monitored in order to identify unauthorized attempts to upload or change information, or otherwise cause damage or conduct criminal activity. In connection with authorized law enforcement investigations and pursuant to required legal process, navigational information may be used to assist in obtaining personally identifiable information.

Furthermore, to protect this WEB SITE as well as the associated computer system supporting the WEB SITE from unauthorized use and to ensure that the computer system is functioning properly, individuals accessing this WEB SITE and the associated computer system are subject to having all of their activities monitored and recorded by personnel authorized to do so by the County of Kaua‘i. Anyone using this WEB SITE and the associated computer system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, County of Kaua‘i personnel may provide the results of such monitoring to appropriate officials. Unauthorized attempts to upload or change the content of the WEB SITE, or otherwise cause damage to this WEB SITE or the computer system are strictly prohibited and may be punishable under applicable law.

Notice That Web Site May Change Without Notice

This WEB SITE is provided as a public service. This WEB SITE is dynamic and will change over time WITHOUT NOTICE. Users of this WEB SITE are therefore fully responsible for checking the accuracy, completeness, currency and suitability of this WEB SITE themselves.

In addition, the County of Kaua‘i may suspend or discontinue some or all of this public service at any time, or it may elect to charge a fee for access to or use of this public service.

Disclaimer of Warranties

This WEB SITE is provided “AS IS” and without warranties of any kind. To the fullest extent of the law, the County of Kaua‘i, including each department, division, agency, officer or employee of the County of Kaua‘i, disclaims all warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, with respect to this WEB SITE; this disclaimer of warranties includes but is not limited to disclaimers as regards to the following: (1) that the functioning of this WEB SITE will be uninterrupted and error-free; (2) that any defects or other errors on this WEB SITE will be corrected; and (3) that this WEB SITE as well as other computer systems are or will be free of viruses or other harmful components.

In addition, neither the County of Kaua‘i nor any department, division, agency, officer or employee of the County of Kaua‘i makes any representations, guarantees, or warranties as to: (1) the accuracy completeness, currency or suitability of the information provided via this WEB SITE; (2) the use of or the results of the use of this WEB SITE; and (3) the accuracy, reliability, availability or completeness or usefulness of the content of Web sites created and maintained by persons other than the County of Kaua‘i and linked to or from this WEB SITE.

Limitation of Liability

Under no circumstances, including but not limited to, negligence, shall the County of Kaua‘i nor any department, division, agency, officer of employee of the County of Kaua‘i be liable for any special, consequential and/or incidental damages that may result form the use of or the inability to access or use this WEB SITE, even if the County of Kaua‘i has been advised of the possibility of such damages. Applicable law may not allow the limitation or excluding of liability or incidental or consequential damages, so the above limitation or excluding may not apply to you. In no event shall the County of Kaua‘i’s total liability to you for all damages, losses and causes of action (whether in contract, tort [including but not limited to negligence], or otherwise) exceed the amount paid by you, if any, to access this WEB SITE.

Copyright Notice

Duplication or use of any content from this WEB SITE for commercial purposes or in any manner likely to give the impression of official approval by the County of Kaua‘i is prohibited. The WEB SITE Copyright ©2004 Kauai Visitors Bureau, Kauai Festivals.

Links to External Web Sites and Pages

This WEB SITE may contain hypertext links to external Web sites and pages containing information created and maintained by public and private organizations other than the County of Kaua‘i. These hypertext links may be created by the County of Kaua‘i if it determines that establishing the external link will be consistent with assisting or furthering the purpose of this WEB SITE which is to significantly and diligently promote public service to citizens and businesses by:

  1. Expanded business and citizen access to government services and government information;
  2. Offering an easy and convenient process for these groups to conduct transactions with County government online;
  3. Accelerating the development and delivery of an increased volume of quality, online government services; and
  4. Improving the level of customer service from County government.

In addition, hypertext links may be created by the County of Kaua‘i for informational purposes, that is, where the linked external Web site will provide useful and valuable information to visitors to this WEB SITE, or where the linked external Web site is required or authorized by law.

The County of Kaua‘i, in its sole discretion, will determine whether the external Web site meets the purpose of this WEB SITE or for the specified informational purposes. The inclusion of a hypertext link to an external Web site is not intended as an endorsement of any products or service offered or referenced on the linked Web site, the organizations sponsoring such Web site, or any views which might be expressed or referenced in the Web site.

These hypertext links to external Web sites and pages may be removed or replaced in the sole discretion of the County of Kaua‘i, at any time without notice.

In the event you discover problems with or have concerns regarding the format, accuracy, timeless or completeness of a linked external Web site, please contact the organization responsible for the linked external Web site – the County of Kaua‘i does not control nor is it responsible for any linked external Web sites and pages.

The Kauai Festivals WEB SITE and pages are not intended to be open public forums.

Disclaimer of Endorsement

Any reference in this WEB SITE to any specific commercial products, processes or services by trade name, trademark, manufacturer or otherwise does not constitute or imply its endorsement, recommendation or favoring by the County of Kaua‘i.

Policy on Links to the Kauai Festivals Web Site

If you want to create a link to this WEB SITE, please contact the Public Information Office, or complete and fax or mail the following Linking Agreement to:

Public Information Office
By Fax: (808) 241-6877

By Mail:
Public Information Office
4444 Rice Street, Suite 245
Lihu‘e, Hawai‘i 96766

Linking Agreement (Word document)
Linking Agreement (PDF)

Jurisdiction

Any person choosing to access and use this WEB SITE is subject to the jurisdiction of the County of Kaua‘i.

These terms shall be governed by and construed in accordance with the laws of the State of Hawai‘i and County of Kaua‘i. Any dispute arising out of or relating to these terms, or access and use of this WEB SITE shall be decided under the laws of and in the county and state courts in the County of Kaua‘i and State of Hawai‘i, respectively, and you hereby consent to and submit to the personal jurisdiction of such courts for the purpose of adjudicating such dispute.

Severability

If any provision in these terms shall be determined to be unlawful, void or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of the remaining provisions.

Privacy Policy

The Privacy Policy is located at www.kauaifestivals.com/privacy.html