SharedWisdom

Terms of Use

These Terms of Use may be modified at any time and without notice to you. It is your responsibility to visit this web page frequently to review carefully the current Terms of Use, which govern your continued use of the Web site. Each and every time you access the Web site you shall be deemed to have agreed to the then current Terms of Use.

Your use of this Web site is at the sole discretion of SharedWisdom. We may deny you access to this Web site or any portion thereof at any time, without notice and with or without cause. If you do not agree to these Terms of Use your sole recourse is to leave the Web site.

Intellectual Property

The Web site and all its contents, including the text, graphics, photographs and software, are owned by or licensed to SharedWisdom and are protected by United States and international copyright laws and other intellectual property laws. You may occasionally reproduce, distribute, display or transmit an insubstantial portion of Web site content solely for personal and noncommercial uses and solely for a limited number of individuals, provided that you include all trademark, copyright, and other proprietary rights notices in the same form in which the notices appear on Web site.

Except for the purpose stated in the immediately preceding sentence, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in selling or exploit in any way, in whole or in part any of the contents of the Web site.

SharedWisdom, and other trademarks, logos and indicia of source displayed on the Web site (collectively, "Trademarks") are owned by SharedWisdom. The Trademarks may not be used in connection with any product or service that does not belong to SharedWisdom or in any manner that is likely to cause confusion about whether SharedWisdom is the source, sponsor, or endorser of the product or service and may not be used in any manner that disparages or discredits SharedWisdom or SharedWisdom.

Links to the Web site, Frames, and Metatags

You may not link to the home page of the Web site in any way that might cast SharedWisdom or SharedWisdom in a false or misleading light. You may not frame the Web site content so that it is viewed on another site. You may not use metatags or any other "hidden text" that incorporates the name SharedWisdom or the Trademarks without our express written consent.

Linked Web sites

This Web site may contain hyperlinks to Web sites owned and operated by parties other than SharedWisdom. Such hyperlinks are provided only for ready reference and ease of use. We do not control such Web sites and are not responsible for their contents. The inclusion of hyperlinks on our Web site does not mean that we endorse or approve of any third party Web site to which you may have access through the linked Web sites. We accept no liability for any information, products or services contained in, or which may be linked to through, these third-party Web sites or for any action you may take as a result of linking to any such Web site. Each of the Web sites to which you may link are likely to set forth specific terms and conditions of use that you should review. Please review the terms of use and privacy policy of any linked Web site.

Indemnification

You agree to indemnify, defend, and hold harmless SharedWisdom, their directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively, "SharedWisdom and Affiliates") from and against any and all claim, loss, expense, or demand or liability, including attorneys' fees and costs, incurred by SharedWisdom and Affiliates arising out of (i) any claim by a third party relating to the posting, distribution, modification, or alteration by you of any content, or (ii) your use of the Web site in violation of these Terms of Use or in violation of any applicable law.

You agree to cooperate with us as reasonably required in the defense of any such claims.

SharedWisdom and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of SharedWisdom.

Security

The Internet is an open network that is not secure. There is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. There is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. Although we take reasonable means to protect the security of the information communicated through the Web site, no Internet-connected computer system can be made absolutely secure from intrusion. We, therefore, cannot and do not guarantee that information displayed on our Web site has not been modified by others without authorization or that information communicated by you to us will be received or that it will not be altered before or after its transmission to us. If you elect to use this Web site to communicate with us, you do so at your own risk.

Access to the Web site is made by means usernames and related passwords selected during the registration process. You are solely responsible for providing complete and accurate registration details to us in you register at the Web site. Similarly, you are solely responsible for guarding the secrecy of your username and its related password. We encourage you to change your password frequently. Although by diligence and care you may reduce the risk of unauthorized use of your username and password, such risk may not be eliminated. Again, we are not responsible for unauthorized access to the Web site; if you elect to use this Web site, you, and you alone, have assumed the risk of doing so.

Privacy


We are committed to respecting your privacy and that of the information you provide to us. By using this Web site, you consent to the processing of personal information about you as described in the Privacy Policy for this Web site, which is hereby incorporated by reference within these Terms of Use.

WE TAKE REASONABLE AND APPROPRIATE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY YOU IS USED CONSISTENT WITH THE PRIVACY POLICY. HOWEVER, THE INTERNET IS AN OPEN SYSTEM AND WE CANNOT AND DO NOT GUARANTEE THAT PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, MODIFIED, DELETED, DESTROYED, OR USED BY OTHERS. YOU AGREE NOT TO HOLD SHAREDWISDOM AND ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, MODIFICATION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED THROUGH THIS WEB SITE.

Digital Millennium Copyright Act Notification of Alleged Copyright Infringement. SharedWisdom avails itself of the protection of the Digital Millennium Copyright Act. We reserve the right to remove any content or links that allegedly infringe another person's copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our

Designated Agent:
Service Provider: SharedWisdom
Designated Agent: Web master
Address: PO Box 369, Captain Cook, HI 96704
Telephone: (866) 805-2087
Facsimile: (808) 328-9077
E-Mail: sw@sharedwisdom.com

To be effective, the notification must be a written communication to the Designated Agent that includes substantially the following:
(a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SharedWisdom to locate the material;
(d) Information reasonably sufficient to permit SharedWisdom to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Warranty and Liability Disclaimer

THIS WEB SITE IS PROVIDED AS IS AND WITH ALL FAULTS. WE GIVE NO WARRANTIES IN RESPECT OF THIS WEB SITE WHATSOEVER.

ALL INFORMATION CONTAINED ON OR WHICH MAY BE TRANSMITTED THROUGH THIS WEB SITE IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SHAREDWISDOM DOES NOT WARRANT THAT THIS WEB SITE, OR ANY OTHERS WEB SITE THAT MAY BE LINKED TO THROUGH THIS WEB SITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.

SHAREDWISDOM IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL, INCIDENTAL OR EXEMPLARY, ARISING OUT OF USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THIS WEB SITE.

Remedies for Misuse

You agree that any unauthorized use of the Web site or its contents may cause SharedWisdom and Affiliates immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms of Use. You further understand that unauthorized use of the Web site may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.

IN ADDITION TO ANY OTHER REMEDY AVAILABLE, YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT THAT YOU WILLFULLY BREACH ANY OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO AMENDING OR MODIFYING THE CONTENT OR UNAUTHORIZED COPYING, MODIFYING, DOWNLOADING OR REPRODUCING ANY PORTION OF THE WEB SITE OR THE SOFTWARE IN VIOLATION OF THESE TERMS OF USE, THEN YOU SHALL BE LIABLE TO SHAREDWISDOM FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000 PER VIOLATION. IN NO EVENT SHALL LIABILITY FOR LIQUIDATED DAMAGES PRECLUDE LIABILITY FOR CONSEQUENTIAL DAMAGES OR ANY OTHER REMEDY.

Governing Law

These Terms of Use, including the Privacy Policy incorporated by reference, and any claim or dispute relating to it will be governed by the laws of the State of Hawaii applicable to contracts made and performed there without regard to its conflicts of law principles.

Termination

We reserve the right to terminate these Terms of Use, including the Privacy Policy incorporated by reference, at any time without notice for any reason or for no reason, including for any user's violation of any of the provisions of the Terms of Use. The Limitation of Liability and Governing Law sections of these Terms of Use shall survive any such termination.

General Terms and Conditions

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between you and SharedWisdom and Affiliates with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and SharedWisdom and Affiliates with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The captions used in these Terms of Use appear solely for convenience and such captions do not constitute any part of the Terms of Use.

Any rights not expressly granted herein are reserved by SharedWisdom.