Terms and Conditions of Use
Seven-Eleven Hawaii, Inc. (“7Eleven”) provides all information on this site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Site”) exclusively under the following Terms and Conditions of Use and all applicable laws:
1. ACCEPTANCE OF CONTRACT TERMS
The following are terms of a legal agreement between you and 7Eleven. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site.
The material provided on this Site is protected by law, including, but not limited to United States Copyright and Trademark laws, and international treaties. This Site is controlled and operated by 7Eleven from its offices within the United States. 7Eleven makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. See below for further copyright and trademark information.
Any software available from this Site is subject to the export controls of the United States of America and may not be downloaded or otherwise exported or re-exported into any country to which the United States has embargoed goods; or to anyone on the U. S. Treasury Department’s list of Specially Designated Nationals, or to any person or entity subject to such restrictions by the U. S. government.
2. OWNERSHIP, LICENSE AND RESTRICTIONS ON USE
2.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to 7Eleven or by the original creator of the material. Further, all names, images, pictures, logos and icons on the Site are proprietary marks of 7Eleven or by the original creator of the material. The compilation of all content, including the look and feel of the Site, is the exclusive property of 7Eleven and is protected by U.S. copyright law. Except as may be expressly provided herein, nothing contained in this Terms and Conditions of Use or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
2.2 You are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Site. Further, you may not reproduce any part of the Site.
2.3 You also may not, without the permission of 7Eleven, Inc. “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2.4 All submissions, suggestions, ideas, artwork, or other information (“the Submission”) communicated to 7Eleven through this Site become the property of 7Eleven. 7Eleven is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future 7Eleven endeavors.
7Eleven will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe. You acknowledge that you are responsible for whatever material you submit, and you not 7Eleven, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright.
You agree not to: (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) submit or upload anything that violates the copyright or intellectual property rights of any person or entity; (3) post or transmit a virus or any other harmful component; and (4) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption, or interruption.
2.5 The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of 7Eleven and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.
7Eleven aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Seven-Eleven Hawaii, Inc., 7Eleven, Inc. or the 7Eleven logo, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. 7Eleven prohibits use of the 7Eleven logo as a “hot” link to any site, including 7Eleven sites, unless establishment of such a link is approved in advance by 7Eleven in writing.
A partial list of U.S. Trademarks owned by 7Eleven follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of 7Eleven should be referred to 7Eleven. 7Eleven®, 7Eleven Logo®, 7Eleven Café Cooler®, 7Eleven Convenience Card®, 7Eleven Speak Out®, 7Eleven Go-Go Taquitos & Design®, 7Eleven Travel Brew®, 7Eleven & Tri-Color Stripe Design®, 7Eleven Value+®, 7Eleven Weekend Rewards®, 1/4 Pound Big Bite®, A Good ID Is a Good Idea®, Become An E-Shopper®, Big Bite®, Big Brew®, Big Gulp®, Big Eats Bakery®, Big Eats Deli®, Big `Un®, Biggest Big Bite®, BrainFreeze®, Breakfast Bite®, Café 7Eleven®, Café Select®, Candy Gulp®, Casa Buena®, Car Gulp®, Connections From 7Eleven®, Deli Shoppe®, Dine On The Dash But Stash Your Trash®, Double Gulp®, Everyday Convenience for People on The Go®, Frostilla Vanilla®, Garden Gulp®, Gummi Gulp®, Gulp®, Heaven Sent®, ID Zone & Design®, I.Gear/7Eleven & Design®, Igear Specs®, Jalapeno Cheeseburger Big Bite®, Nutri-Heaven®, Oh Thank Heaven®, Oh Thank Heaven for 7Eleven®, Operation Chill®, Quality Classic Selection®, Santiago Cerveza De Oro®, Seed-Spittin’ Watermelon®, Slurp & Gulp®, Slurpee Infused Gum®, Slurp®, Slurpee®, Slurpee Splitz-O®, Smackin’ Sour Apple®, Splitz-O Cup Design®, Smokie Big Bite®, Snappix®, Spicy Bite®, Super-7®, Super Big Bite®, Super Big Gulp®, Super Big Gulp Plus®, Super Slurpee®, Super Slurpee Strata®, Take It & Shake It®, The Ultimate Cool®, Triple Splitz-O Cup Design®, Triple Splitz-O®, World Ovens®.
3. LINKS TO THIRD PARTY SITES
4. MODIFICATION; CHANGES TO SITE
At any time, 7Eleven may revise the terms of this Site. Revisions are effective and binding when posted on this Site. Any continued use of the Site following any revision means you agree to the revisions. 7Eleven expressly reserves the right to terminate or discontinue this Site, or your access to all or part of this Site, at any time and for any reason, with or without notice to you.
5. ACCURACY AND INTEGRITY OF INFORMATION
Although 7Eleven attempts to ensure the integrity and accurateness of 7ElevenHawaii.com, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of this Site and content thereon. It is possible that this Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to this Site by third parties. In the event that an inaccuracy arises, please inform 7Eleven so that it can be corrected. Information contained on this Site may be changed or updated without notice. Additionally, 7Eleven shall have no responsibility or liability for information or content posted to this Site from any non-7Eleven affiliated third party.
6. ACCESS TO SITE
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by 7Eleven. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site may be revoked by 7Eleven at any time with or without cause. You agree to defend, indemnify and hold 7Eleven harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by 7Eleven arising out of your use or access of the Site, or any breach of these Terms and Conditions of Use.
7. DISCLAIMERS; LIMITATION OF LIABILITY
7.1 7Eleven disclaims any and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party web sites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions contained therein, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.
7.2 Any dealings with any third parties (including advertisers and/or sponsors) appearing on the Site, participation in any promotions or offerings (including delivery of and payment for goods and services) and any other terms, conditions, warranties or representations associated with such activities are solely between you and the advertiser or other third party. 7Eleven is not responsible or liable to any party who participates in any such dealings, promotions or offerings.
7.3 7Eleven makes no warranty or representation, but expressly disclaims any and all warranties including, but not limited to, the implied warranties of design, merchantability, fitness for a particular purpose, or title, any warranties arising from a course of dealing, usage, or trade practice, or any warranties of non-infringement of any third party’s patent(s), trade secret(s), copyright(s) or other intellectual property rights. 7eleven will not be liable for any damages (including direct, indirect, incidental, consequential, special or punitive) arising out of or relating in any way to the site, within the site, and/or any hyperlinked web site.
7.4 7Eleven does not warrant that the operation of the site will be uninterrupted or error-free or that defects in the site will be corrected. this site, including any content or information contained within it or any site-related service, is provided, “as is.” 7eleven does not warrant the accuracy, completeness or timeliness of the information obtained through the site.
7.5 You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked web sites. 7eleven does not warrant that files available for download will be free of viruses, worms trojan horses or other destructive programming. you are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. you agree that 7eleven shall not be liable for any cost or damage arising directly of indirectly from any such code. you assume total responsibility and risk for your use of the site and of the internet.
7.6 No oral or written information given by 7eleven or an authorized representative of 7eleven shall create any warranty.
7.7 If you are dissatisfied with any portion of the Site, or with any of these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Site.
8. UNLAWFUL AND PROHIBITED USE
As a specific condition of your use of the Site, you explicitly agree not to use it for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You agree not to use the Site in any way that could damage, disable, overburden, or impair the Site, or interfere with anyone else’s use of it. You will not attempt to gain unauthorized access to 7Eleven computer systems or networks connected to 7Eleven, through hacking, password mining or any other means. You will not attempt to reverse engineer any portion of the Site or attempt to infringe the intellectual property rights of others in any way. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
9. GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use are governed by the laws of the State of Hawaii, U.S.A., without regard to Hawaii conflict of laws provisions. By using the Site you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Honolulu, Hawaii for all disputes arising out of or relating to the use of the Site. 7Eleven makes no representation that the contents of the Site are appropriate or available for use in other locations, and those who choose to access this Site from other locations are solely responsible for compliance with their local laws.
You specifically agree to indemnify and hold harmless 7Eleven, its parent, affiliates, stockholders, officers and employees, from any claim, demand or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Site.
11. PRODUCT AND SERVICE AVAILABILITY
This Site contains references and information about 7Eleven products and services that may be limited by individual store participation in the United States and Canada only or Hawaii only.
12. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
13. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
13.1 We are committed to complying with copyright and related laws, and we require all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our designated agent (listed below) with the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your full legal name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
13.2 A person that posted allegedly infringing material may make a counter notice pursuant to the procedures specified in the DMCA. When 7Eleven receive a counter notice, it may reinstate the material in question. To provide a counter notice to us, please provide the following information to our designated agent (listed below) with the following information:
A description of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled;
Your full legal name, address, telephone number and email address:
A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
A statement by you that you consent to the jurisdiction of the state or federal courts located in Dallas, Texas, and that you will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person; and
Your electronic or physical signature.
13.3 Our designated agent (i.e., the proper party) to whom you should address such notices of claims of copyright infringement and such counter notices can be reached as follows:
Subject line: DMCA
Seven-Eleven Hawaii, Inc.
Attn: Human Resources Manager
1755 Nuuanu Avenue, 2nd Floor
Honolulu, HI 96817
IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS AND CONDITIONS OF USE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.