Terms

(Last updated on June 25, 2012)

This Terms of Use Agreement (“Agreement”) is entered into by and between you, the user of this website (the “Site”), and Elijah Yip, the owner of the Site (the “Author” or “Owner”).  By accessing, using, and/or browsing the Site, you agree to the terms and conditions set forth below.

This Agreement contains provisions that limit the Author’s liability.  Please read these terms and conditions carefully and in their entirety, as using, accessing, and/or browsing the Site constitutes acceptance of these terms and conditions.  If you do not agree to be bound to each and every term and condition set forth below, please exit the Site immediately and do not use, access, or browse the Site.  The Author reserves the right to update and revise the terms and conditions at any time.  You can determine if the terms and conditions have been revised by referring to the “Last Updated” date at the beginning of this page.

Purpose of Site

The Author provides the Site and the contents contained on the Site for informational and educational purposes only.  The opinions represented on the Site are those of the Author alone, and do not necessarily represent the views of Cades Schutte LLP (“Cades”).

Disclaimer of Legal and Other Advice

The Site does not provide legal advice and should not be viewed as legal advice.  You should not act or fail to act based on information you read on the Site or the websites to which it links without seeking appropriate professional advice.  Nothing you read, click, post, or do on the Site will form the basis of an attorney-client relationship between you and the Author and/or Cades.  If you want or need legal advice, please consult with an attorney in your jurisdiction.

The Author makes no representations as to the accuracy, completeness, currentness, suitability, or validity of any information on the Site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.

No information about current or past events included on the Site, or any website to which the Site links, should be construed as a prediction of future results.

Disclaimer of Legal Advertisement

In operating the Site, the Author does not intend to solicit legal representation.   The Site is not intended to be an advertisement for legal services.

Third-Party Websites

The Site contains links to third-party websites.  Links to such websites should not be construed as an endorsement by the Author or Cades of the products, services or information provided on such third-party websites.  The links are provided solely for the information and convenience of the Site’s readers.

The Site and all its content, materials, and layout are subject to copyright and are owned by the Author unless otherwise stated.  All rights are reserved.  Any use of the contents of the Site for commercial gain or misrepresentation, and any incorrect attribution to this Site, shall be considered a violation of these terms and conditions, and may subject the offending party to legal action.  All excerpts from copyrighted materials of third parties are intended to, and believed to, fall within fair use; copyright owners who believe the use to exceed fair use should submit their concerns by using the Contact form on this Site.

Privacy Policy

Your use of the Site is subject to the Privacy Policy set forth below.  The Privacy Policy governs the use of identifiable and other information that may be collected about you and your computer, mobile device, or any other device used to access the Site.

A.        Information Collected

In general, you do not have to provide personal information to use this Site.  However, certain services that you may subscribe to through the Site (for instance, updates on new blog posts) may require you to provide personal information, such as your name, address, email address and other contact information.  Such personal information is used to respond to your inquiries and to send you publications or other information that you request.  If you decide at any time that you no longer wish to receive mailings from the Firm, please refer to the paragraph below headed Changing Or Deleting Personal Information.

The web server used to host the Site may automatically collect certain information from you incidental to your use of the Site, such as the name of your Internet service provider; the IP address of the computer you use; the type of browser software and operating system that you use; the date and time you access this website; the website address, if any, from which you linked directly to the Site; the website address, if any, to which you travel from the Site; and other similar navigation related information.  This information may be used in the aggregate to assist Owner in understanding the navigation patterns of Site users and in improving the Site.  The Site may also utilize “cookies” to provide more detailed information about your Site usage and to provide convenience features to you when you return for repeated visits.  Such cookie-related data will not be used to create or maintain a personal profile of you.  All information stored in any cookie would be stored on your computer and only available to the Site when you are visiting it.

Owner generally will not disclose information about you collected through your use of the website to third parties.  However, Owner reserves the right to disclose such information to a third party if Owner believes he is required to do so for any or all of the following reasons: (i) to comply with any law; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect or prosecute criminal offences or attacks on the technical integrity of the Site or any network utilized by Owner; and/or (iv) to protect the rights, property or safety of Owner, the users of the Site, or the public.

B.        Changing or Deleting Personal Information

If you would like to change your personal information, no longer wish to be contacted, or want your personal information removed from Owner’s database, please use the Contact form on this Site to inform Owner accordingly.

            C.        Revisions

As Internet technology changes, the manner in which people use Internet technology and the laws governing such use also changes.  Owner reserves the right to add features to the Site designed to elicit information from visitors to the Site.  Owner also reserves the right to update and revise this Privacy Policy at any time.

            D.        Links to Third-Party Websites

The Site contains links to other websites.  Please be aware that Owner is not and cannot be responsible for the privacy practices of such other websites and that this Privacy Policy applies only to the information that Owner collects through this website.  You should read the privacy statements of all the destination websites that you visit for information on how your personal data is utilized by those other websites.

Invalidity

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

Governing Law and Consent to Jurisdiction

This Agreement and your use of the Site and its contents  shall be governed by and construed in accordance with the laws of the State of Hawaii without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Hawaii.