PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE OR THE SERVICES OFFERED. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, WE RESPECTFULLY ASK THAT YOU DO NOT USE THIS SITE.

General
Hawaii Automotive Consumer Guide (HawaiiACG) reserves the right to change, modify, add, or remove portions of these terms at any time and you agree to be bound by such modifications, alterations, or updates once they are posted on our web site.

The information and opinions contained on the HawaiiACG web site is provided without any warranty of any kind, either expressed or implied.

Legal Disclaimer
HawaiiACG shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on HawaiiACG, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on HawaiiACG. The information, services, products, and materials contained in this web site, including, without limitation, all text, graphics, and links, are provided on an "AS IS" basis.

To the maximum extent permitted by law, HawaiiACG disclaims all representations and warranties, expressed or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability and fitness for a particular purpose, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. In addition, since HawaiiACG cannot verify all information provided by online merchants and other third parties. HawaiiACG does not represent or warrant that the information accessible via our web site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our web site or through our other services.

HawaiiACG shall not have any liability or responsibility to you for any loss damage, expense, or injury you may sustain through your reliance upon information obtained from or through HawaiiACG's services, or your use of any third party products or services, whether or not they were accessed via our web site or other services.

Liability Limitations
In no event shall HawaiiACG or its affiliates or agents be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this web site, in an amount greater than the lower of (i) the price of the merchandise or service involved in the transaction or proposed transaction as to which one or more HawaiiACG parties is held to be negligent or otherwise responsible, or (ii) if no such merchandise or service is involved, or if he value thereof would exceed $100, then a maximum liability limitation of $100 in the aggregate. You and we agree that this is a fair allocation of risk based upon the manner and cost by which HawaiiACG's services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with purchasing services or goods online.

Furthermore, in no event shall HawaiiACG, its affiliates or agents be liable for any direct, indirect, special, punitive incidental, exemplary or consequential damages, even if we have been previously advised of the possibility of such damages. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy. Because some jurisdictions may not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Third-Party Sites
Our web site includes links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster of those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Use and privacy policies of each site, and we are not responsible therefore.

Dispute Resolution
We will do our best to resolve any problems or issues that you may have with our services or us in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, each of us agrees that any dispute or controversy between us, or arising in any way out of the use or operation of our web site or other services, or any information, services, products, and materials contained in this site or available through our other services, shall be resolved by binding arbitration before a single arbitrator in Honolulu, Hawaii, under the rules and procedures of the state of Hawaii. The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate judicial forum pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.

Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 1999-2002 HawaiiACG, with all rights reserved, or is the property of HawaiiACG and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this web site for the sole purpose of using this site as a shopping resource. Any other use of materials on this web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of HawaiiACG is strictly prohibited.

The HawaiiACG Logo is a trademark of HawaiiACG in the United States and/or other countries. HawaiiACG's trademarks and trade dress may not be used without HawaiiACG's consent. All other brand and product names listed on this web site are trademarks or registered trademarks of their respective holders and are not intended to imply any endorsement or affiliation between HawaiiACG and these companies.

Other Terms
Our web site and other services are operated and provided in the State of Hawaii, USA. As such, we are subject to the laws of the State of Hawaii, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site or other services, you agree to do so subject to the internal laws of the State of Hawaii. You are in the best position to know whether your use of our site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. This is the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions and any partially unenforceable provision shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a HawaiiACG Guest, Member or Participation in any other program or service offered by HawaiiACG.

If you have a question or comment about our Terms of Use Policy, you may contact us via the following methods.

Last Modified on January 13, 2002

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