Disclaimers and Terms of Use

Last Update: June 27, 2021

Cape Project Management, Inc. ("CPM ") maintains this website (oahumanagement.com) as a service to anyone who is interested in CPM. CPM will attempt to maintain and update the information presented herein, nevertheless, CPM will not accept any liability for damages, in any form, arising from or in relation to the use of oahumanagement.com or for a temporary inability to access this site.

The product and brand names mentioned on this site are copyright protected. The only user information captured is the IP address of the computer used, the browser used, the pages visited and the date and time of visit using StatCounter. CPM will use this data to monitor the way oahumanagement.com is used and further adapt the site to its visitors' requirements. If you use this site to order our products or services, your name, your contact information is  asked only to ensure that we can reply to your request or support the products or services you have purchased.

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CPM's materials are designed to provide accurate and authoritative information with regard to the subject matter covered. Material is made available with the understanding that CPM, or any of its subsidiaries, affiliates, or divisions is not engaged in rendering legal, accounting or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

Any link to a third party product, service, or page is provided for convenience and CPM assumes no liability or responsibility for the contents thereof.

CPM uses reasonable care in publishing materials and providing information. However, CPM does not guarantee their accuracy or completeness. Materials are provided "as is" with no warranty, express or implied, and all such warranties are hereby disclaimed. CPM assumes no liability for any loss, damage or expense from errors or omissions in the materials, whether arising in contract, tort or otherwise. Customers of CPM, or any of its subsidiaries, affiliates, or divisions are solely responsible for and assume all liability in connection with maintaining security of any password selected by the customer for use of any of the selected services available herein.

Subscription And Registration

In a few areas on our Web site, we ask you to provide information that will enable us to enhance your visit or follow up with you after your visit.

We request information from you when you register to purchase product or services from CPM and when you are seeking further information.

In each of the instances above, we may ask for your name, e-mail address, and other appropriate personal information that would be needed to register for or subscribe to these services or offers.

The information you provide will be kept confidential and will be used only to support your customer relationship with CPM. When you provide your personal information such as name, address, phone number, and company name, CPM will not give or sell this information to any outside company for any use.

Electronic Payment Processing

CPM takes technical and administrative steps to protect against unauthorized access and disclosure of individually identifiable information.

CPM employees who handle confidential or proprietary information must treat it confidentially and may not disclose it to unauthorized third parties. CPM employees are responsible for the internal security of the information. We do not share your electronic payment information with anyone else. Employees who violate CPM’s privacy policies are subject to a range of performance improvement actions, up to and including termination of employment.

We use Stripe for our payment processing. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.

Specifically, when you provide electronic payment information, such as credit and debit card numbers, we use industry standard secure socket layer (SSL) encryption to protect it. We also encrypt your electronic payment number and information when we process your transaction. We do not store personally identifiable payment information on our servers.

General Website Terms

Your use of our website and information provided by us constitutes your agreement to be bound by the terms and conditions set forth in these Terms of Use. The following terms and conditions govern your use of this website, the services offered by CPM via the website, and all of the forms, information, software, function, graphics, artwork and any other content, materials and resources available by CPM (the "CPM’s content"). As a user of this website and the CPM’s content, you are granted a nonexclusive, nontransferable, revocable, limited, personal license to access and use such website and the CPM’s content in accordance with these terms and conditions. CPM may terminate this license at any time for any reason. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. CPM may make improvements and/or changes to its features, functionality or the CPM’s content at any time.

Not Legal Advice

CPM is not a law firm and neither CPM nor any of its employees provide legal or professional services or advice and should not be relied upon as such. If legal or other professional assistance is needed, we recommend that you seek the services of a competent professional. CPM content should not serve as a substitute for legal advice from an attorney familiar with the facts and circumstances of your specific situation. No confidential attorney-client relationship is formed through use of this website.

No Insurance or Liability Coverage

CPM provides neither insurance nor any other liability coverage with respect to the information provided to us, the CPM content or as the result of our services.

Limitations on Use

Use of this website and the CPM’s content is limited to lawful business purposes. Any unauthorized use of this website or the CPM content is prohibited. CPM may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, this website and the CPM’s content, and to prevent access to users who violate these Terms of Use. CPM' remedies include the right to seek equitable relief. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, provide information processing services, time-sharing or service bureau-type services to any third party, or create derivative works from this website and the CPM’s content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider or other automatic device or manual process to monitor or copy this website or the CPM content without CPM prior written permission. You may not copy, download, perform, modify, edit, alter, enhance, reproduce, republish, distribute, re-distribute, display or transmit all or any portion of this website or the CPM’s content in any manner, except to the extent expressly permitted by these Terms of Use. You may not use or otherwise export or re-export this website or any portion thereof, the CPM’s content or any software available on or through this website in violation of the export control laws and regulations of the United States of America.

Intellectual Property Rights

Except as expressly set forth in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under copyright or other intellectual property rights. You agree that this website and CPM’s content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

This website may include various product names, business names, logos, slogans and other marks in which CPM has a registered trademark interest or other protectable interest (collectively "CPM Marks"). It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively "Other Marks"). You may not in any way use any CPM Marks or Other Marks on this website without the prior express written permission of the appropriate owners.

User Submitted Content

This Website may allow users to post text, images, audio, video, links to other sites, or other content to the Website (“User Content”). As a consequence, you may see materials that have been submitted to this Website by individuals not affiliated with CPM. Neither CPM nor any of its affiliates endorses these individuals nor are we in any way associated with any of the materials that they may post on this Website or link to from this Website. Neither CPM nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these individuals.

Please note: CPM will not publish submissions from small businesses that sell or promote any of the following: pharmaceuticals, drugs, drug paraphernalia, pornography or sexual aids, diet aids, gambling, liquor, tobacco or firearms/weapons. Each user who posts any User Content acknowledges and agrees that CPM has the right, in its sole discretion, to take down or remove or alter any and all User Content it deems not appropriate, illegal or otherwise offensive or inaccurate. Any user who posts any User Content hereby represents that such User Content does not violate any third party intellectual property rights and further grants CPM a license to show and make this content accessible on the CPM website or any successor or affiliate site. By posting any User Content to CPM, you hereby agree to indemnify CPM from any damages and claims related to the User Content posted on CPM, including any infringement, misappropriation, libel or other claims.

Disclaimer of Warranty

This website, our services and the CPM’s content and User Content are provided "as is" without any warranty of any kind. No representations or warranties express or implied, are given regarding the legal or other consequences resulting from the use of this website, our services or the CPM’s content or any User Content. CPM does not warrant the accuracy or timeliness of the CPM’s content, and you agree that CPM has no liability for any errors or omissions in the CPM’s content, whether provided by CPM or by a third-party. CPM does not warrant that (i) the operation of the website or the CPM’s content will be error-free or uninterrupted; (ii) defects will be corrected; (iii) this website and CPM’s content are free of viruses or other harmful components; or (iv) this website or CPM’s content will meet your requirements. CPM makes no representation or warranty as to the results that may be obtained from the use of this website or the CPM’s content that the results may be obtained from such use will be reliable, or that the quality of any product, service, information or other material purchased or obtained by you through this website will meet your expectations. Any materials and/or other data downloaded or otherwise obtained through the use of this website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. CPM and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives specifically disclaim any warranty, except as otherwise specifically provided elsewhere in this agreement, oral or written, whether express or implied, including without limitation, the implied warranties of merchantability, title, non-infringement, and fitness for purpose. Under no circumstances will CPM or its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents or representatives, be liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of this website, our services or the CPM’s content or the User Content. This warranty gives you specific legal rights, and you, as licensee, may have other rights that vary from state to state. Some states do not allow the exclusion of implied warranties, so portions of the above may not apply to you.

Limitation of Liability

CPM (and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives) shall not be liable for any injury, claim, liability or damage of any kind resulting from your use of this website, our services or the CPM’s content or related to the User Content. CPM (and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives) shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever, including without limitation, attorney fees, lost profits, goodwill, business interruption, loss of business information or data, loss of opportunity and the like, in any way due to, resulting from, or arising in connection with the use or inability to use this website, our services or the CPM’s content.

Order Information

You agree that your order with CPM represents that the information supplied by you or your agent to CPM is accurate and complete. Your order with CPM also acknowledges that CPM is relying upon such information in the preparation and completion of each and all orders without any verification by CPM as to its accuracy or completeness. You agree to hold CPM and its parent, subsidiaries, directors, officers, employees, affiliates, successors, assigns, agents and representatives harmless and defend and indemnify CPM from and against any claims, causes of action, damages and liability of whatever kind or nature, including but not limited to court costs and reasonable attorney fees if information provided by you or your agent is inaccurate or incomplete. It is your responsibility to inform CPM of any changes or corrections to your information.

Registered Agent Service and Payment Terms

You will be billed for Registered Agent Service on an annually recurring basis. To ensure uninterrupted service, Registered Agent Service customers are automatically enrolled in CPM's auto-pay program. This program includes leaving an active credit or debit card on file with CPM which allows CPM to charge the credit or debit card for renewal of the Registered Agent Service subscription. If you do not opt out of this auto-pay program, CPM will charge the credit or debit card you provided with the original order and renew you for the service term you selected. We will notify you prior to automatically renewing your service and provide you with an opportunity to opt out.  The current rate for Registered Agent Service is $49.00 USD per year.  The renewal charge is the original rate you paid for Registered Agent Service for one year, or multiple year term as applicable. CPM reserves the right to increase all service fees at any time without notification to you. We will, however, notify you of any increase in service fees prior to renewing your service.

CPM recognizes that privacy is important. We understand the need for you to maintain control over your information and data when using CPM. Credit and debit card information is retained as part of the auto-pay program and used only for renewal, payment processing and maintenance of your service and are not used for other purposes without your permission. While credit or debit card information is safeguarded, no method of electronic storage is 100% and we cannot guarantee its absolute security.

You may cancel the Registered Agent Service at any time. All cancellations of Registered Agent Service require proof (in writing) that the company has a new registered agent on file with the state. If notification of cancellation is not received in writing prior to the renewal date, you agree that CPM may charge the full fee for the renewal service term. If you cancel your Registered Agent Service prior to the expiration of your term, you will not be entitled to a pro-rata refund.

Reliance on Instructions

CPM may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets this website's automated criteria or which is believed by CPM' personnel to be genuine. For any password protected areas, CPM may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. CPM may assume the latest email addresses and registration information on file with CPM are accurate and current. When programmed to do so, CPM may take prescribed actions in the absence of receiving proper and complete contrary instructions.

Remedies

CPM reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this website and its features.

Unlawful Activity

CPM reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third-parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that CPM will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct. When requested, CPM will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.

Force Majeure

CPM is not responsible for any delay or failure in performance of the web site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms of Use.

Governing Law, Jurisdiction and Legal Notice

These Terms of Use will be governed and construed under the laws of the State of Hawaii, U.S.A., without regard to its choice of law provisions. You agree that any action at law or in equity arising out of or relating to this website or the CPM’s content, including these Terms of Use, will be filed only in the state or federal courts located in Hawaii. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Severability

If any term or provision of these Terms of Use is held to be invalid, void or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of these Terms of Use will not be affected, impaired or invalidated and each remaining term or provision will be valid and enforceable to the fullest extent permitted by law.

Disclaimer: *Offers and prices are intended for standard orders completed online only. Prices are not to be combined with other promotional pricing, discounts or third-party pricing. Other terms and conditions may apply. CPM is not a law firm and does not provide legal advice. If legal advice is required, please seek the services of an attorney.

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