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Terms of Use

Terms of Use

Legal Disclaimer

Rising Sun LLC (“Rising Sun”) maintains this website (“Website”) for your personal entertainment, information, education and communication. Please feel free to browse the Website. You may download material displayed on the Website for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report or use the contents of the Website, including the text, images, audio and video, for public or commercial purposes without our written permission.

Your access and use of the Website is also subject to the following terms and conditions (“Terms of Use”) and all applicable laws and regulations. By accessing and browsing the Website, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements you may have with us for such purposes are superseded and have no force or effect.

Proprietary Rights

You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Website without our written permission. We neither warrant nor represent that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with us.

Links and Third-Party Websites

Rising Sun assumes no legal liability for the information obtained through links to other sites. If you navigate to another site, that site’s Privacy Policy and Terms of Use will control your use of that site. We recommend you read the terms on any site to which you link. We have not reviewed all of the sites linked to this Website and are not responsible for the contents of any off-site pages or any other sites linked to the Website. Your use of off-site pages or other sites is at your own risk.

Information Provided by You

Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions and the like, but excluding personal information, will be treated as non-confidential and non-proprietary. Except for personal information, anything you transmit or post may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including but not limited to marketing products using such information.

Images

Images of people or places displayed on the Website are either our property or used by us with permission. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The use of these images by you, or anyone else authorized by you, is prohibited unless we give you written permission.

Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are our registered and unregistered Trademarks. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission. Your misuse of the Trademarks, or any content on the Website, except as provided in these Terms of Use, is strictly prohibited. You also are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if appropriate.

Disclaimer of Warranties

Although we believe the content of this Website to be accurate, complete and current, we make no warranty as to the accuracy, completeness or currency of the content. The content of this Website may contain technical inaccuracies or typographical errors. It is your responsibility to verify any information before relying on it; we are not responsible for any reliance you may place on the content. Rising Sun may make changes to the content and the products, services and programs described in the content at any time without notice.

Your use and browsing of this WEBSITE is at your risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We also assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the WEBSite or your downloading of any materials, including data, text, images, video or audio from the WEBSite.

Limitation of Liability

NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVICING OR DELIVERING THE WEBSITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE OR ANY OTHER SITE ACCESSED THROUGH A LINK ON THIS WEBSITE.

Usage Restrictions

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting any such information or materials.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Rising Sun shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this Website.

Special Admonition for Content Relating to Financial Matters

This Website is provided for informational purposes only, and no content included in this Website is intended for investing purposes. Rising Sun shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via this Website, and shall not be responsible or liable for any investment decisions made based on such information.

Modification

We may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use by which you are bound.

General Information

These Terms of Use are governed and interpreted according to the laws of the State of Hawaii, notwithstanding any principles of conflicts of law. The failure of Rising Sun to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.