Terms of Use
Agreement between User and TMGPacific.com
Welcome to tmgpacific.com. The tmgpacific.com website (the “Site”) is comprised of various web pages operated by TMG Pacific (“TMG”). TMGpacific.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of tmgpacific.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
TMGpacific.com is a News and Information Site. The purpose of this website is to provide information regarding TMG Pacific, what we do, how to hire us, and how to contact us.
Privacy
Your use of tmgpacific.com is subject to TMG Pacific’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting tmgpacific.com or sending emails to TMG Pacific constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
TMG Pacific does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use tmgpacific.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
TMGpacific.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TMG Pacific and TMG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TMG Pacific is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TMG Pacific of the site or any association with its operators.
Certain services made available via sperbercompanies.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the tmgpacific.com domain, you hereby acknowledge and consent that TMG Pacific may share such information and data with any third party with whom TMG has a contractual relationship to provide the requested product, service, or functionality on behalf of tmgpacific.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use tmgpacific.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TMG Pacific that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TMG Pacific or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TMG Pacific content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TMG Pacific and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TMG or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by TMG from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TMG content accessed through tmgpacific.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless TMG Pacific, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TMG Pacific reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise sub TMG Pacific in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TMG PACIFIC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TMG PACIFIC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TMG PACIFIC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TMG PACIFIC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPERBER COMPANIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
TMG Pacific reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Hawaii and you hereby consent to the exclusive jurisdiction and venue of courts in Hawaii in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TMG Pacific as a result of this agreement or use of the Site. TMG Pacific’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TMG Pacific’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TMG Pacific with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TMG Pacific with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and TMG Pacific with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
TMG Pacific reserves the right, in its sole discretion, to change the Terms under which tmgpacific.com is offered. The most current version of the Terms will supersede all previous versions. TMG Pacific encourages you to periodically review the Terms to stay informed of our updates.
Licenses
Report Issues
Employees and customers may report issues here: https://secure.ethicspoint.com/domain/media/en/gui/78698/index.html.
Standards & Ethics
Our success as an organization is built on a foundation of ethical decision-making and a commitment by every employee to uphold the highest standards of professional conduct on the job. The best way to sustain an ethical culture is for each of us to act with integrity every day – doing the right thing when it comes to our own behavior, being aware of what’s going on around us, and being willing to speak up when we see or suspect activity that could harm our organization.
If you know or suspect any unethical behavior please contact us.
Toll-Free:
844-718-1260
Contact Us
TMG Pacific welcomes your questions or comments regarding the Terms:
TMG Pacific
73-4278 Pukiawe Street
Kailua-Kona, Hawaii 96740, USA
Email Address:
[email protected]
Telephone number:
808-796-3303
Effective as of September 1, 2022