Website Conditions of Use

[These terms are effective as of May 9, 2018]

Please read carefully. These Website Conditions of Use are set forth important details about restrictions on how you can use this web site (“Site”), Honolulu Property Management, LLC (“HPM) and its liability in the event something goes wrong, and our agreement to resolve disputes via binding arbitration without resort to class action litigation.

This Site is owned and operated by Honolulu Property Management, LLC (“HPM”) on behalf of itself and its parents, subsidiaries and affiliates (collectively, “HPM,” “We” or “Us”). By accessing, using, registering for, or purchasing services or products from the Site, you agree to be bound by these terms of use (the “Terms”). All visitors to and users of any aspects of the Site (collectively “Users”) are bound by these Terms. HPM reserves the right to modify the Terms at any time without prior notice to you, and therefore, HPM recommends that you read these Terms carefully each time you use the Site. By accessing or using the Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase services or products from the Site.

Please note that the guidelines, policies and other terms and conditions of service and use of other web sites affiliated with HPM may vary from these Terms. If a HPM affiliate has separate terms of use for its website(s), or a separate agreement governing its use, the provisions of the affiliate site’s terms shall control in the event of a conflict with these Terms. Except in the event of a conflict, as described in this paragraph, these Terms apply in addition to any other policies or agreements that may apply to you related to any contests, sweepstakes, rewards or loyalty programs, surveys, transactions or purchases of goods or services, or other engagements you have with the Site.

Eligibility
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase services or products on the Site.

Privacy
HPM believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

Changes to the Site
You agree and understand that the Site, including any and all features available via the Site may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms.

Registration
In order to access some features of the Site, you may be required to register and to select a password and user name (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms.  In addition, we reserve the right to refuse registration of, or cancel, a User ID in our discretion.

Security
You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Use of the Site/License/Services
HPM grants you a limited license to make personal use of the Site. This license grant does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Site. Except as noted above, Users of the Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of HPM or any third party.

You may not use, frame or utilize framing techniques to enclose any HPM trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without HPM’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a HPM name, trademark, or product name without HPM’s express written consent.

Any unauthorized use of the Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Permitted uses of the Site include searching the Site for content and business or product information, and purchasing products or services from the Site for personal use, not for resale.

Restrictions on Rights to Use
Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Site, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
  • collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
  • reformat or frame any portion of any Web pages that are part of the Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Site;
  • submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, any other Web site, or any computer or other device or system, or the enjoyment of the Site by any User;
  • use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any content offered on the Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the Site or the IT infrastructure used to operate and make the Site available;
  • use the Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
  • collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.


Copyrights
If you believe any content or any other aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your 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 owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:

Legal Department
Honolulu Property Management, LLC
Bishop Street, Suite 2250
Honolulu, HI  96813

Ownership
As between you and HPM, the Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by HPM or its licensors. Nothing contained in these Terms shall be deemed to grant to you any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of HPM or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HPM. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of HPM.

Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SITE AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE, INCLUDING ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THE SEARS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability
IN NO EVENT SHALL HPM OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE SITE, INCLUDING REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, HPM’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity
You agree to indemnify and hold HPM and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Site, (ii) your use of the Site, (iii) your violation of these Terms of Use, (iv) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Advertisements and Links to Third Party Sites
We may display advertisements from third parties on the Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Changes to Terms
We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms.

Confidential Arbitration
You agree that by entering into these Terms, you and HPM are each waiving the right to trial by jury and the ability to participate in a class action.

ALL DISPUTES BETWEEN YOU AND HPM RELATING IN ANY WAY TO THE SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE SITE, ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES HPM SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE STATE OF HAWAII, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.

Any User who intends to seek arbitration must first send to HPM, by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to 1003 Bishop Street, Suite 2250, Honolulu, HI 96813, Attn: Legal Department. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.

All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under, or with respect to, the Site (including, without limitation, any HPM advertisement or disclosure, any email or mobile SMS (text) message that HPM sends to you, the collection or use of any information about you in connection with the Site), these Terms or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless HPM and you agree otherwise, the arbitrator may not consolidate more than one User’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

For arbitration claims you assert against HPM in accordance with this section (but not for any arbitration claim against you) HPM will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in the State of Hawaii (whichever is greater). Unless unlawful, HPM will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST HPM IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE  SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE SITE, HPM’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES HPM SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND HPM.

HPM or you may seek injunctive relief in the State of Hawaii, and HPM and you consent to the exclusive jurisdiction and venue in the State of Hawaii for injunctive relief purposes.

Applicable law
By visiting the Site, you agree that the laws of the State of Hawaii, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and HPM.

Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind HPM in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Site. These Terms, which shall be deemed accepted by you upon your access or use of the Site, constitute the entire agreement among you and HPM regarding use of the Site. HPM’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the Privacy Policy for the Site and any notices regarding the Site.

Contact and Violations
Please contact us with any questions regarding these Terms. Please report any violations of the Terms to vacationrentals@honpm.com.

For claims or requests for arbitration, see the Confidential Arbitration section of these Terms of Use.