Terms & Conditions of Site Use
Last Modified: September 12, 2017
By using this Site, you represent and warrant that you are of legal age to form a binding contract with HAR and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
- Definitions.“HAR”, “we”, or “us” shall mean the Hawai’i Association of REALTORS®, its employees, officers, directors, and all other persons or entities affiliated with HAR responsible for creating, maintaining, and publishing this Site. “Content” shall mean all information or images contained on the Site, including but not limited to, trademarks, copyrights, advertisements, data, text, graphics, photos, software and video. “Site” shall mean the Internet site located at the URL address http://www.hawaiirealtors.com. “User” or “you” shall mean any person or entity that accesses or uses the Site in any manner.
- Limited License for Personal and Non-Commercial Use Only; Printing of Site Content. Users of this Site are granted a limited nonexclusive license to use the Site and it is Content for personal and non-commercial use only. Users may print Content from this Site that is copyrighted or owned by HAR provided that such copies are not modified or revised in any manner and include proper notices indicating that the Content is copyrighted or owned by HAR (such as “Copyright © 2008 Hawai’i Association of REALTORS®”). In the event a User wishes to print Content from this Site that is copyrighted or owned by a person or entity other than HAR, the User must obtain permission from the appropriate owner to do so. Except as permitted herein, Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without the express written permission of HAR.
The Content of this Site is copyrighted by the Hawai’i Association of REALTORS® or other persons and entities that provide information to the Site. Except as permitted in this Agreement, Content may not be reproduced, sold, transferred, modified, redistributed, retransmitted, published, or exploited for any purpose without the express written permission of HAR or appropriate owner of the information.
If you would like to print Content from this Site for purposes other than those permitted in this Agreement, please send a request via email to firstname.lastname@example.org or write to Hawai’i Association of REALTORS® at 1259 A’ala Street, Suite 300, Honolulu, HI 96817, Attn: Permission to Reprint Content. Telephone requests will not be accepted. Please include in your request as much information as possible including a detailed statement regarding your intended use of the Content. If you would like to republish the content in an article or publication, please indicate the title and byline of the article, the publication it will appear in including the section and page number. In order for requests to be considered, all requests must include your name, address, phone number and email address.
- Linking to or Framing this Site. Users may not create links to or frame the Site for any purpose without the express written consent of HAR.
Links to Third Party Sites; Accuracy of Content on Linked Sites. Links to other sites operated by independent, third parties exist on this Site. While HAR takes reasonable steps to select and provide links that add value to the Site, HAR is not responsible for the content contained on any linked site and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Furthermore, unless expressly indicated otherwise, HAR does not endorse, approve, or otherwise warrant the accuracy of any information or content contained on a linked site.
- Advertisers. Advertisement banners and other forms of advertising exist on the Site. However, HAR is not responsible for the claims or representations made by any advertiser on the Site nor is HAR responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by HAR in any respect unless expressly indicated otherwise.
- Accuracy and Updating of Site Content. The information presented on or through the Site is made available solely for general information purposes. HAR does not warrant the accuracy, completeness, or usefulness of this information. Any reliance a User places on such information is strictly at his or her own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by a User or any other visitor to the Site, or by anyone who may be informed of any of its contents.
HAR may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and HAR is under no obligation to update such material.
- DISCLAIMER.User understands that HAR cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. User is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE INFORMATION ON THIS SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL OR TAX ADVICE. THIS INFORMATION SHOULD NOT BE TAKEN AS LEGAL COUNSEL. WE RECOMMEND THAT YOU SEEK LEGAL COUNSEL TO ASSIST YOU IN PREPARING YOUR LEGAL DOCUMENTS.
THE CONTENT ON THE HAR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAR BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Modification of Agreement.HAR reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.
Your continued use of the Site following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
- Suspension or Termination of Access. HAR reserves the right, in its sole discretion, to suspend or terminate a User’s access to the Site for any reason, including but not limited to, a User’s breach of this Agreement.
- Indemnification. User agrees to defend, indemnify and hold harmless HAR 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 this Agreement or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Site.
- Reservation of Rights. All rights not expressly granted or addressed herein are reserved by HAR.
- Governing Law and Jurisdiction. All matters relating to the Site and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule (whether of the State of Hawaii or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Agreement and Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Hawaii in each case located in the City of Honolulu although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Waiver and Severability. No waiver of by HAR of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HAR to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
- Geographic Restrictions. The owner of the Site is based in the state of Hawaii in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- USER’S CONSENT TO BE LEGALLY BOUND TO AGREEMENT.IN CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH HEREIN. USE OF THE SITE IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU’RE ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.