Terms of Use

Effective Date: June 23, 2025

These Terms of Use (“Terms”) govern your access to and use of the website cmuandassociates.com (the “Website”), owned and operated by CMU & Associates, Inc. (“CMU,” “we,” “our,” or “us”). By accessing or using the Website, you agree to be bound by these Terms and our [Privacy Policy]. If you do not agree, do not access or use the Website.

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1. Acceptance of Terms

By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

2. Changes to Terms

We may revise these Terms at any time in our sole discretion. All changes are effective immediately when posted. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Website. By using the Website, you represent and warrant that you meet this requirement.

4. Intellectual Property Rights

All content on the Website—including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software—is the property of CMU or its content suppliers and is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual-property or proprietary-rights laws.
• You may view, download, and print content from the Website for your personal, non-commercial use only.
• You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, upload, store, or transmit any of the material on the Website without our prior written consent.

5. Prohibited Conduct

You agree not to:
1. Use the Website for any unlawful purpose or in violation of any applicable law or regulation.
2. Engage in any activity that could damage, disable, overburden, or impair the Website’s functionality or interfere with any other party’s use of the Website.
3. Introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
4. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or the server on which the Website is hosted.
5. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

6. User Content

If you submit, upload, or post any content to the Website (“User Content”), you grant CMU a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant this license.

7. Third-Party Links

The Website may contain links to third-party websites that are not owned or controlled by CMU. We are not responsible for the content or privacy practices of such websites. Access any third-party site at your own risk and subject to its terms of use.

8. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CMU, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

10. Indemnification

You agree to defend, indemnify, and hold harmless CMU, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict-of-law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal or state courts located in Hawaii County, Hawaii.

12. Arbitration and Class-Action Waiver

At CMU’s sole discretion, any disputes arising under these Terms may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to resolve any disputes on an individual basis, and you waive the right to participate in a class action or class-wide arbitration.

13. Termination

We reserve the right to terminate or suspend your access to the Website, without notice, for conduct that we believe violates these Terms or is harmful to other users or us.

14. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, such provision will be removed or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and CMU regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

16. Contact Us

If you have any questions about these Terms, please contact us at:

CMU & Associates, Inc.
124 Makaʻala Street
Hilo, HI 96720
Phone: (808) 961-0877
Email: info@hilofish.com