1. General

    These Terms and Conditions (“Agreement”) are a contract between Job Wave Hawaii LLC (“We”, “Us”, “Our”, “Company”) and any user (“You”, “Your”, “User”) of Our Website (https://www.jobwavehawaii.com/ ) or Service.  To use Our Website or Service the Agreement must be accepted in its entirety.  If You do not accept this Agreement, you may not view Our Website or use Our Service.

    Company connects employers to job seekers.  We allow employers seeking employees to create accounts and post job listings.  Employers must create accounts to post job advertisements.  Job seekers are able to browse, search, and view job listings without creating an account.

    Company does not provide an employment application service.  Employers are responsible for providing directions for how to apply for jobs.  The job application process takes place outside of Company’s control and interest.  Company only connects employers to job seekers.  All employment transactions take place outside the scope of Company’s Service and Website.

    Employers pay Company to post job listings.  Job seekers may browse job listings without charge.

    1. Use Restrictions

    You may not use Our Website or Service for any unlawful purpose or illegal activity.  You may not use Our Website or Service to post any defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind.  Company reserves full discretion in evaluating content for violations of the above.

    You warrant all information provided to Company is true and accurate in all respects.  You are responsible for maintaining the confidentiality of your information and password.  You shall be responsible for all uses of your registration, whether or not authorized by you.  You agree to immediately notify the Company of any unauthorized use of your registration or password.

    Company reserves the right, at its sole discretion, to terminate Your account, delete any or all of Your postings, or block access to the Website and/or Service. We reserve the right to take these actions, with or without notice, and without any liability to the account holder or user.

    1. Warranty Disclaimer

    THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT POSSIBLE BY LAW, COMPANY DOES NOT WARRANT THAT OUR WEBSITE OR SERVICES WILL OPERATE ERROR-FREE.  WE FURTHER DO NOT WARRANT OUR WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL PROGRAMS. COMPANY IS NOT LIABLE FOR COSTS RESULTING FROM USE OF ITS WEBSITE OR SERVICE. COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF WEBSITE AND SERVICE CONTENT, INCLUDING SOFTWARE, TEXT, GRAPHICS, AND LINKS.

    1. Consequential Damages Disclaimer

    IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE OR SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    1. Limited Liability

    TO THE FULLEST EXTENT POSSIBLE BY LAW, COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE OR SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

    1. Indemnification

    You agree to indemnify, defend, and hold harmless, Company and its shareholders, directors, officers, employees, and agents, from and against any claims, actions or demands, including without limitation: reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of this Agreement. Company shall notify You promptly of any such claim, suit, or proceeding.

    1. Payment Terms

    All payments are handled by Stripe.  You may view Stripe’s Terms of Service here.  Payments are transacted on Our Website but through Stripe’s service.

    Employers purchase job listing credits and use the credits to post job listings.  We offer no refunds or grace periods for posted job listings.

    1. Copyright

    All content on Our Website or Service is protected by international copyright.  We give You permission to download a single copy of Our Website for use.  You agree not to use Our Website or Service to infringe the copyright of others.

    1. Privacy Policy

    You agree to Our Privacy Policy.  Our Privacy Policy can be found here.

    1. Third Party Link Disclaimer

    We may provide links to external, third-party websites.  We provide these links as a convenience to You, and make no endorsement of the third-party content.  Company is not responsible for the content of third-parties and makes no representations regarding the accuracy or content of third-party content.  You access third-party links at Your own risk.

    We may provide post from external, third-party websites.  We provide these posts as a convenience to You, and make no endorsement of the third-party content.  Company is not responsible for the content of third-parties and makes no representations regarding the accuracy or content of third-party content.  You access third-party links at Your own risk.

    1. Applicable Law

    Any claim relating to Our Website shall be governed by the laws of the State of Hawaii without regard to its conflict of law provisions.

    1. Modification

    Company may revise this Agreement at any time without notice. By using this Website you are agreeing to be bound by the then current version of this Agreement.

    1. Enforcement

    If any provision of the Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable against both parties. No failure or delay of either party in exercising any right, power or remedy under the Agreement shall operate as a waiver of any such right, power or remedy. This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, oral or written, between them.