TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to property owners and prospective renters. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Agreement (``the ``Agreement'') specifies the Terms and Conditions for access to and use of 4beachnuts.com (the ``Site''), a web site owned by Michael D. Styring Inc a Hawaii Corporation, (hereinafter MDS Inc.) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by MDS Inc upon posting of the modified agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. No Investigation by 4beachnuts.com. All information regarding rentals is supplied by the owners of that property or their agents and the accuracy of that information is the sole responsibility of the posting party and or the property owner and their agents. 4beachnuts.com does not assume any duty or obligation to investigate or otherwise verify the information provided by the posting party, property owners or their agents.
4. Ownership. All content included on this site is and shall continue to be the property of MDS Inc. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
5. Grant of License. By submitting an advertisement, listing or content associated with said listing or advertisement to 4beachnuts.com you represent that you own the right to use content associated with said listing or advertisement and grant 4beachnuts.com a world-wide, royalty free, non-exclusive license to use, distribute, reproduce, modify, adapt and publicly display such an advertisement, listing or content associated with said listing or advertisement on this web page. Said license shall continue in perpetuity and shall not terminate on the cancellation or expiration of the advertisement or listing.
6. Right to Edit, Restrict or Edit. 4beachnuts.com, in its sole discretion and without liability for doing so, may terminate or restrict any user’s access to this web site at any time and without notice.
7. Trademarks. 4beachnuts.com is either a common law trademark or registered trademark of MDS Inc. Other product and company names mentioned on this Site may be trademarks of their respective owners.
8. Site Use. MDS Inc. grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of MDS Inc. and MDS Inc. may terminate your use of this website at any time.
9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
10. Indemnification. You agree to indemnify, defend and hold MDS Inc. and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
11. No Warranty. THE INFORMATION ON THIS SITE IS PROVIDED ON AN ``AS IS,'' ``AS AVAILABLE'' BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MDS INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
12. Limitation of Liability.
(a) UNDER NO CIRCUMSTANCES WILL MDS INC. BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
(b) You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. Right to Edit and Remove. 4beachnuts.com reserves the right, without refund and in it’s sole discretion to reject, edit or remove part or in whole, any information in any property listing from this web site. Property owners may cancel their rental listing at any time. Except as provided in the first ninety days, money back guarantee period, no refund or pro-rated credit will be issued for cancellation by owner.
15. Links. This web site may contain links to other web sites or resources. Any link or reference to other sites is provided as a convenience for the users of this site and does not imply any endorsement of any linked site or the information contained on said site. Users use said links and references solely at their own risk. Goin2Travel is not responsible for and does not endorse the content of any such linked web site or resource. 4beachnuts.com is not responsible in any way or liable, directly or indirectly for any damage or loss caused by or alleged to be caused by or in connection with the use of or reliance on any such linked web site or resource.
16. Duty of Property Owners and Advertisers.
(a) Property owners, advertisers or their agents advertising their property on the site are solely responsible for verifying the accuracy of information in their advertisement or listing. 4beachnuts.com assumes no responsibility for typographical errors in the information included in the advertisement or listing.
(b) It is the sole responsibility of property owners, advertisers and their agents to determine the suitability and credit worthiness of potential renters prior to any transaction.
(c) Property owners, advertisers and their agents agree that they will not use this site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any law.
17. Renter’s Duty. Renters assume sole responsibility for confirming information before contracting with property owners, advertisers or their agents.
18. Contract Between Property Owners and Renters. 4beachnuts.com is not and shall not be a party to any transaction between property owners and renters. 4beachnuts.com is not responsible for the refund or cancellation policy of any property advertised on this site.
19. Views and Opinions. The information on this web site may include opinions and views which, unless expressly stated otherwise are not those of 4beachnuts.com
20. Copyrights. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
21. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and MDS Inc. or its affiliates.
23. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
24. Contact Information.
MDS Inc. may be contacted by Clicking Here
Mailing address: Michael D. Styring Inc PO Box 1428 Kailua, HI. 96734
Street addresss: Michael D. Styring Inc. 355A Auwinala Road Kailua, Hi. 96734