1. User Eligibility
The Web Site is provided by HAWAIIAN EXPRESS SERVICE and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Web Site.
4. HAWAIIAN EXPRESS SERVICE Rate and Service Guide and Tariff
6. License and Ownership
Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of HAWAIIAN EXPRESS SERVICE, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress ("Marks") of HAWAIIAN EXPRESS SERVICE, its affiliates or other entities that have
HAWAIIAN EXPRESS SERVICE grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by HAWAIIAN EXPRESS SERVICE, and (b) access and use the HAWAIIAN EXPRESS SERVICE computer and network services offered within the Web Site (the "HAWAIIAN EXPRESS SERVICE Systems) only in the manner expressly permitted by HAWAIIAN EXPRESS SERVICE. Except for this limited license, HAWAIIAN EXPRESS SERVICE does not convey any interest in or to the HAWAIIAN EXPRESS SERVICE Systems, information or data available via the HAWAIIAN EXPRESS SERVICE Systems (the "Information"), Content, Services, Web Site or any other HAWAIIAN EXPRESS SERVICE property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of HAWAIIAN EXPRESS SERVICE. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by HAWAIIAN EXPRESS SERVICE.
- You shall not disguise the origin of information transmitted through the Web Site.
- You will not place false or misleading information on the Web Site.
- You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by HAWAIIAN EXPRESS SERVICE.
- You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another. (e) Certain areas of the Web Site are restricted to customers of HAWAIIAN EXPRESS SERVICE.
- You may not use or access the Web Site or the HAWAIIAN EXPRESS SERVICE Systems or Services in any way that, in HAWAIIAN EXPRESS SERVICE's judgment, adversely affects the performance or function of the HAWAIIAN EXPRESS SERVICE Systems, Services or the Web Site or interferes with the ability of authorized parties to access the HAWAIIAN EXPRESS SERVICE Systems, Services or the Web Site.
- You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of HAWAIIAN EXPRESS SERVICE.
8. Access to Shipping Related Systems and Information Through the Web SiteYour use and access of the Shipping Related Systems and Information are subject to the following terms:
- The "Shipping Related Systems" are comprised of the HAWAIIAN EXPRESS SERVICE Systems which are used to provide tracking, time in transit, drop-off locator, address validation and other functions and information related to the shipment of packages via HAWAIIAN EXPRESS SERVICE. The Shipping Related Systems and Information gained from such systems ("Shipping Information") are to be used by You solely in connection with packages shipped by or to You or on Your behalf and for no other purpose.
- The Shipping Related Systems and Shipping Information are the private property of HAWAIIAN EXPRESS SERVICE. HAWAIIAN EXPRESS SERVICE authorizes You to use tracking functionality within the Shipping Related Systems solely to track shipments tendered by or for You to HAWAIIAN EXPRESS SERVICE for delivery and for no other purpose. Without limitation, You are not authorized to make the Shipping Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of HAWAIIAN EXPRESS SERVICE. This is a personal service, thus Your right to use the Shipping Related Systems and Shipping Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
- Any use in connection with the Shipping Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
- Inbound Links. Linking to any page of the Web Site other than to http://www. hawaiianexpressinc.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with HAWAIIAN EXPRESS SERVICE. Any web site or other device that links to http://www.hawaiianexpressinc.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that HAWAIIAN EXPRESS SERVICE or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with HAWAIIAN EXPRESS SERVICE or any of its affiliates, (e) presenting false information about HAWAIIAN EXPRESS SERVICE products or services, and (f) using any logo or mark of HAWAIIAN EXPRESS SERVICE or any of its affiliates without express written permission from HAWAIIAN EXPRESS SERVICE.
HAWAIIAN EXPRESS SERVICE does not accept ideas, concepts, or techniques for new services or products through the Web Site ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) HAWAIIAN EXPRESS SERVICE and its affiliates are under no obligation to keep such information confidential, and (c) HAWAIIAN EXPRESS SERVICE will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
You agree that HAWAIIAN EXPRESS SERVICE, in its sole discretion, may terminate or suspend Your use of the Web Site, the HAWAIIAN EXPRESS SERVICE Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content. Accessing the Web Site, the HAWAIIAN EXPRESS SERVICE Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that HAWAIIAN EXPRESS SERVICE shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the HAWAIIAN EXPRESS SERVICE Systems, Information and/or the Services.
12. Disclaimer of Warranties
HAWAIIAN EXPRESS SERVICE MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE HAWAIIAN EXPRESS SERVICE SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
13. Limitation of Liability
14. Compliance with Law Including Export Control
You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of HAWAIIAN EXPRESS SERVICE, negatively reflect on the goodwill or reputation of HAWAIIAN EXPRESS SERVICE and shall take no actions which would cause HAWAIIAN EXPRESS SERVICE to be in violation of any laws, rulings or regulations applicable to HAWAIIAN EXPRESS SERVICE.
HAWAIIAN EXPRESS SERVICE and the Web Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
15. Forward Looking Statements
Except for historical information contained herein, the statements made in this Web Site constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations of HAWAIIAN EXPRESS SERVICE and its management regarding the company's strategic directions, prospects and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including economic and other conditions in the markets in which we operate, our competitive environment, long-term regulatory, economic and other effects from the events of September 11, 2001, strikes, work stoppages and slowdowns, governmental regulation, increases in motor fuel prices, cyclical and seasonal fluctuations in our operating results, and other risks discussed in the company's filings with the Securities and Exchange Commission, which discussions are incorporated herein by reference.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE HAWAIIAN EXPRESS SERVICE SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE HAWAIIAN EXPRESS SERVICE SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
17. Governing Law and Language
19. Written Document
20. Complete Agreement
21. Customer Service
Questions or comments regarding the Web Site may be submitted to HAWAIIAN EXPRESS SERVICE Customer Service.