Terms and Conditions

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Ithicos Solutions LLC website located at www.ithicos.com, and all associated sites linked to www.ithicos.com by Ithicos Solutions, its subsidiaries, and affiliates (collectively, the “Site”). The Site is the property of Ithicos Solutions (“Ithicos”) and its licensors.

Ithicos Solutions reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes means that you accept and agree to the changes. As long as you comply with these Terms of Use, Ithicos Solutions grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled, or licensed by or to Ithicos Solutions, and is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Ithicos Solutions’ express prior written consent.

You may use information on Ithicos Solutions products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Ithicos Solutions for downloading from the Site, provided that you:

• Do not remove any proprietary notice language in all copies of such documents.
• Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media.
• Make no modifications to any such information.
• Do not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. Ithicos Solutions reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Ithicos Solutions server, or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of Ithicos Solutions, to its source, or exploit the Site or any service or information made available or offered by or through the Site in any way where the purpose is to reveal any information, including personal identification or information, other than your own information.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Ithicos Solutions’ systems or networks, or any systems or networks connected to the Site or to Ithicos Solutions.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

Purchases and Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including representing where applicable that you are of sufficient legal age to use or participate in such service or feature.

Ithicos Solutions’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Ithicos Solutions may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.

The following policies are also incorporated into these Terms of Use by reference:

Disclaimers

Limitation of Liability

Except where prohibited by law, in no event will Ithicos Solutions be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Ithicos Solutions has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Ithicos Solutions is found to be liable to you for any damage or loss arising out of or connected with your use of the Site or any Content, Ithicos Solutions’ liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature paid in the six months prior to the date of the initial claim, or (2) US$100.00.

Governing Law and Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Honolulu, Hawaii, and waive any objection to such jurisdiction or venue.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Ithicos Solutions shall be free to use such information on an unrestricted basis.