TERMS AND CONDITIONS
The user (“User”) agrees to be bound by the Terms and Conditions of Service, (the “Term”) upon visiting or using the web site owned and operated by First Hawaii, a Delaware Limited Liability company, (the “Web Site”), or any co-branded and/or linking web site. The User further agrees that by utilizing any First Hawaii data resource or blog located on the Web Site, the User agrees that the Terms constitute a binding contract between the User and First Hawaii. If the User does not wish to be bound by these Terms, then the User should not visit or use the Web Site. Further, First Hawaii reserves the right to change these Terms from time-to-time at its sole discretion. In the case of any violation of the Terms, First Hawaii reserves the right to seek all remedies available by law and in equity for such violations. These Terms apply to all visits to the Web Site or any portion thereof now and in the future.
No Endorsements; User Waiver of Claims
User agrees that, in return for permission to use the Web Site, User waives any and all claims against First Hawaii that are connected to use of this Web Site or any vendors that provides services or products on this Web site. First Hawaii makes no guarantees or endorsements of the content, services, or companies that may submit information to the Web Site.
- Although First Hawaii has made reasonable efforts to place accurate information on this Web Site, First Hawaiiassumes no responsibility for the accuracy of the information.
- By requesting User’s contact information, Facebook login information, name, telephone number, or e-mail, neither First Hawaii, nor any other party with access to this Web Site assumes any duty to contact User by telephone, e-mail or any other means for any reason.
- The information contained in this website is provided solely for User’s convenience. First Hawaii, does not warrant the accuracy of the information contained herein.
- The information contained in this website may be separately available from public records or readily discernible from other public sources. Nothing in this website may be construed to constitute a representation or warranty concerning the condition of the property, the condition of title to any property, the past, present or permitted uses of the property or any other matter pertaining to the property, or the legal impact of any particular actual or potential encumbrance or cloud on title.
- The User who chooses to act on any information obtained from this Web Site must conduct their own due diligence and rely solely upon their own due diligence analysis in guiding their actions.
- All of the information available on the Web Site is subject to change from time to time without notice.
Disclaimer of Warranties
FIRST HAWAII PROVIDES THE WEB SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY FORECLOSURE LEARNING CENTER MATERIAL OR ANY OTHER REFERENCE IS PROVIDED “AS IS” “WHERE IS” AND FIRST HAWAII, FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED UPON TO MAKE BUSINESS OR OTHER DECISIONS. FIRST HAWAII DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS WEB SITE, NOR DOES FIRST HAWAII WARRANT THAT WEB SITE’S CONTENT, THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
FIRST HAWAII SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR ANY REASON WHETHER OR NOT First Hawaii HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
User agrees to indemnify and hold harmless First Hawaii at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a Vendor.
Copyright/Restrictions on Use of Material
The use of First Hawaii services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the First Hawaii Web Site by any User, whether such User has an account or not, in any capacity, is strictly prohibited and the User’s strict compliance with the prohibition against electronic extraction or reformatting of information is a material condition to the use of this Web Site. The same shall be acknowledged to be copyright infringement on the valid filed or unfiled copyrighted material of First Hawaii, which constitutes the intellectual property of First Hawaii. Use of this Web Site constitutes the uncontroverted acknowledgement of the copyrighted material contained therein. Data mining, screen scraping, copying graphics, maps, designs, logos or downloading and compiling data or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other foreclosure information contained within the Web Site or in a commercial manner without the express written consent of First Hawaii is strictly prohibited, and First Hawaii reserves the right to immediately terminate any User account that is being used in such activity without notice. The reposting, manipulation, display or other Web-based presentation of data obtained through the Web Site on the internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any User is determined to be engaged in any activities prohibited in this section, First Hawaii may seek injunction in any court located in King County, Washington or the United States District Court for the Western District of Washington. Additionally, the User through the use of this site consents to the jurisdiction of said courts and shall and agrees to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.
- The data being made available to the User through this Web Site is a courtesy only. No guarantees are being made as to its completeness or correctness and this information is subject to change at any time.
- User acknowledges that User shall always use Web Site information for the User’s own personal or internal business purposes only;
- User acknowledges that User shall not use any Web Site information for reproduction, sale, publication or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation;
- User acknowledges that User shall acquire no proprietary rights in or to the real property ownership information or in any data contained therein, which rights remain vested with First Hawaii and its data suppliers, including any user-submitted information or comments;
- User acknowledges and agrees that User shall not disclose or provide Web Site information to any affiliates or parent organization if they do not have a need to know for the purposes permitted in these Terms or are otherwise covered under these Terms;
- User acknowledges that First Hawaii data is provided on an “As Is,” “As Available” basis with all faults and defects. The data supplier to First Hawaii does not make any warranties, expressed or implied, including without limitation, those of merchantability and fitness for a particular purpose, nor is any data supplier to First Hawaii responsible for errors, omissions, miscalculations, or misrepresentations of value;
- User acknowledges that the Web Site information is proprietary information of First Hawaii and their suppliers, under copyright, and has been furnished to User in trust. User acknowledges that the information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. User will issue appropriate instructions to all of its employees having access to First Hawaii data concerning the restrictions contained herein, and shall initiate safeguards to prevent the accidental or otherwise unauthorized use or release of the Web Site information;
- User acknowledges that any use of the Web Site information by User shall be at User’s own risk, and User hereby indemnifies First Hawaii and its Vendors, suppliers, or licensors with respect thereto. In no event shall First Hawaii and its Vendors, suppliers or licensors be responsible for any errors, omissions, miscalculations, or misrepresentations of fact or law;
- User acknowledges that Web Site access is not guaranteed and First Hawaii is not responsible for any damages, including but not limited to, those incurred as a result of lost profits or revenue, loss of use of the data or loss of any substitute data, contained on the Web Site, or claims by third parties, or for other similar costs. In no event shall any First Hawaii data supplier be liable for any damages resulting from User’s inability or failure to access any web site;
- User acknowledges that certain states and federal regulatory bodies have enacted laws that place restrictions on marketing activities, including but not limited to, use of public record information in connection with mortgage lending, title insurance, refinancing, or other financial services mail marketing, or telephone marketing. First Hawaii and its data suppliers disclaim any warranty, expressed or implied that the real property information is free from any consumer information that may give rise to a privacy claim.
Trademarks, Service Marks, Logos, Corporate Identifications Protected
All trademarks, service marks, logos, or other corporate identifications (collectively, “Marks”) on this Web site are trademarks or service marks of First Hawaii. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web site is strictly prohibited without prior written approval by First Hawaii.
User’s Code of Behavior
User agrees not to post on the Web Site any content that:
- is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening,
- contains viruses or other contaminating or destructive features,
- violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or
- otherwise violates any applicable law. User will not post on this Web Site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to First Hawaii must be true, complete and accurate, must not represent User as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.
Usage of the subject site shall be limited to non-robotic, non-mechanical or other non-artificial/software based searches. Violation of this use policy subjects the User to immediate removal of their access. User also agrees not to distribute the information contained in the Web Site to any person or organization, by any means, printed, electronic or other.
Links to/from Third Party Sites
This Web Site may contain links to third party sites and advertising. User accesses these sites at User’s own risk; First Hawaii is not responsible for the contents, changes, updates, or other links contained in a linked site. First Hawaii provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by First Hawaii of the site. Any Vendor desiring to link to the Web site must link to the Web site’s homepage located at www.firsthawaii.com No one may link to any other page of this Web Site without the prior written consent of First Hawaii. Third-party advertisers may serve you ads when you visit the Site. Third-Party advertisers are not affiliated with First Hawaii.
No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and First Hawaii as a result of use of the Web site.
The contents of this Web site and any claims related to it are governed by the laws of the State of Washington, without reference to its conflict of laws rules. User consents and fully agrees to the exclusive jurisdiction of the State and Federal courts located in King County, Washington, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding in any other jurisdiction.
By utilizing the services of First Hawaii, the User agrees not to distribute the information contained in the Web Site to any person or organization, by any means, printed, electronic or other. The above Terms constitute the entire and only agreement between User and First Hawaii on the matters described. The User understands that User may be subject to further restrictions while using Vendor web sites. A printed version of these Terms and any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. If any provisions of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect.
These Terms, and any rights granted hereunder, may not be transferred or assigned by User, but may be assigned by First Hawaii without restriction. Any attempted transfer or assignment in violation of the Terms is null and void.
No waiver of any term of these Terms may be deemed a further or continuing waiver of such term or any other term. First Hawaii’s failure to assert any right of provision under these Terms does not constitute a waiver of such right or provision.