Website IDX
1. Our Relationship.
This part describes and defines the relationship between you and /rentalidx.alohaliving.com.
1.1 If you decide to use this IDX: https://rentalidx.alohaliving.com ( the “Site”) your use is governed by and subject to the terms of this legal agreement . /rentalidx.alohaliving.com is owned and operated by Hawaii Information Service 680 Iwilei Rd., Ste. 777 Honolulu, Hawaii 96814 USA.
1.2 This agreement governs our relationship. The only exception is if we otherwise agree in writing to some other or additional terms and conditions.
1.3 This agreement also includes and incorporates by reference, all of the terms of any Legal Notices applicable to the Site. These legal notices include without limitation any disclaimers, or intellectual property notices.
2. How Our Legal Relationship is Created.
2.1 Our legal relationship begins when you use the Site. You may not use the Site or any of the services offered on the Site unless you, first, agree to be bound by the terms and conditions of this agreement. If, after reading this agreement you do not want to be bound by its terms and conditions then you must leave the Site immediately. If you continue to use the Site you are saying you agree to all of the terms and conditions and agree to be bound by all of them.
2.2 Your acceptance of all of our terms and conditions is simple. By your actual use of the Site, you are formally agreeing to enter into a legal relationship with /rentalidx.alohaliving.com which legal relationship is defined, established and governed by the terms and conditions of this agreement. Accordingly, you do hereby formally acknowledge, understand and agree that /rentalidx.alohaliving.com shall be entitled to and shall treat your use of the Site as your formal acceptance of all of the terms and conditions of this agreement, which is effective immediately.
2.3 Notwithstanding the foregoing, you are not permitted to use the Site and may not enter into this agreement if you are too young to enter into a legal relationship with /rentalidx.alohaliving.com. This means in most states that you are under the age of 18. Additionally, if, for some reason, you are legally prohibited from using the Internet, the information and/or the services available on the Site under the laws of the United States or any other country including your country of residence or the country from which you access the Site you may not use the Site.
3. Your Use of the Site
3.1 In order to obtain access certain areas of the Site or to be able to use various services, and to be able to continue to access said areas of the Site and services, you may be required to provide identification and contact data concerning yourself. You hereby agree that any identification and contact data that you supply /rentalidx.alohaliving.com will be accurate, and up to date.
3.2 You do hereby agree to use the Site only for purposes that are permitted by /rentalidx.alohaliving.com’s terms and conditions as well as the laws, regulations and/or generally accepted practices or guidelines in all of the places from which you access the Site. This includes any laws regulating the export of data or software to and from the United States or any other country that is applicable to your use and the Site.
3.3 You agree not to access or attempt to access the Site or any services available on the Site through any automated methodology, including, without limitation, the use of scripts or screen scraping. You hereby agree to comply with any and all instructions set out in the Site including, without limitation, any applicable robots.txt file present, if any.
3.4 You hereby promise, covenant and agree that you will not participate in or engage in any activity that interferes with or disrupts the Site or any of the services provided on the Site. This covenant and agreement applies equally to all of the servers and networks which are connected to the Site.
3.5 You hereby promise and agree not to copy, trade, sell, offer to sell, or resell any of the images, text, information, data or services offered on the Site for any purpose.
3.6 You acknowledge, understand and agree that you, alone, are responsible for any breach of your obligations under the Terms for the use of the Site or any services offered on the Site as well as the consequences (including any loss or damage which /rentalidx.alohaliving.com may suffer) of any such breach. Moreover, /rentalidx.alohaliving.com has no responsibility or liability to you or to any third party for and such breach.
4. Security & Passwords
4.1 You understand and accept sole responsibility for maintaining the confidentiality of passwords associated with any account you use to access the Site and all activities that take place on the Site under your account..
5. Your Privacy
5.1 For information about /rentalidx.alohaliving.com’s privacy policy please read our privacy policy, which is available on the Site. This policy explains how /rentalidx.alohaliving.com deals with your personal information, and respects your privacy, when you use the Site.
5.2 You agree to the use of your data in accordance with our privacy policies.
6. Content in the Site
6.1 You acknowledge, understand and agree that all data, written text, computer software, music, audio files or other sounds, photographs, videos and/or other images which you may have access to as part of, or through your use of, the Site are the sole responsibility of the person from which such content originated. All of this information is defined as and will be referred to as the “Content”.
6.2 All Content presented to you as part of the Site, including advertisements and any sponsored Content may be protected by various intellectual property rights and therefore are owned by the sponsors or advertisers (or others acting on their behalf) who provided that Content. Accordingly, you do not have the right to and may not modify, sell, license, loan, rent, distribute or otherwise create works that are based on or incorporate this Content in whole or in part without a separate agreement with the owner of that Content.
6.3 /rentalidx.alohaliving.com has and reserves the right, although without any obligation, to preview, review, flag, filter, modify, refuse or remove any or all Content from the Site.
6.4 While it is our goal at /rentalidx.alohaliving.com to make this a family friendly site, we simply cannot control everything that appears on the Site. Therefore you understand and agree that by using the Site you may be exposed to Content that you don’t like or which you find objectionable, offensive or indecent. You and you alone accept the risk of be exposed to this type of material by using the Site.
6.5 You acknowledge, understand and agree that you alone are responsible for any Content that you create, transmit or display while using the Site and for all of the consequences of your conduct, including all damages and losses which /rentalidx.alohaliving.com may suffer as a result. You agree that /rentalidx.alohaliving.com shall have no responsibility to you or to any third party for any of this Content or any of your conduct.
7. Legal Rights
7.1 You acknowledge understand and agree that /rentalidx.alohaliving.com and any of its Licensors own all of the legal right, title and interest in and to the Site, including all intellectual property rights and proprietary rights which reside in or arise out of the Site, whether registered or not, and wheresoever in the world those rights exist or are recognized. You agree that you shall not take down, alter, remove, obscure or obliterate any notice of any proprietary right such as copyright and trade mark notices affixed to or contained within the Site.
7.2 You further acknowledge that you understand that the Site may, at times, contain information which is considered and/or is marked as being confidential by /rentalidx.alohaliving.com You hereby agree not to disclose or otherwise disseminate such information.
7.3 /rentalidx.alohaliving.com has no intention to and nothing in the Site, including these terms is intended to nor does it give you any right to use any of /rentalidx.alohaliving.com’s trade names, trade marks, service marks, trade dress, logos, domain names, and/or any other distinctive brand features.
7.4 Other than the limited license you grant us as set forth below, /rentalidx.alohaliving.com agrees that it has and obtains no right, title or interest from you or anyone acting on your behalf, in or to any Content that you submit, post, transmit or display on, or through, the Site, including any intellectual property rights which subsist in any of that content, whether registered or not, and wheresoever in the world those rights may exist or are recognized. This provision is not intended to nor shall it supersede any written agreement between you and /rentalidx.alohaliving.com concerning any such content.
7.5 In using the Site you agree to never use any trade mark, service mark, trade name, logo of any company or organization in a manner that is likely to or intended to cause confusion about the owner or authorized user of any such marks, names or logos.
8. Your License from Us
8.1 /rentalidx.alohaliving.com gives you a personal, worldwide, royalty-free, non-assignable, non transferable and non-exclusive right and license to use any software provided to you by /rentalidx.alohaliving.com as part of the Site as provided to you by /rentalidx.alohaliving.com or its licensors (“Software”). This license is for the sole purpose of allowing you to use and enjoy the benefit of the Site in the manner permitted herein and for no other purpose.
8.2 You may not nor permit others to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us, in writing.
8.3 You may not under any circumstances assign or sub-license any of your rights hereunder, nor may you grant any security interest in or over your rights to use any of the Software, nor may you transfer in any way any part of your rights to use any of the Software.
9. Your Content license to us
9.1 While you retain the copyright and other rights you already hold in Content which you have submitted, posted or displayed on or through, the Site, by reason of your submitting, posting or otherwise displaying your content you give /rentalidx.alohaliving.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Site, the purpose of which is to allow /rentalidx.alohaliving.com to display, distribute and promote the Site.
9.2 You agree that this license extends to the right for /rentalidx.alohaliving.com to make this Content available to other companies, organizations or individuals with whom /rentalidx.alohaliving.com has relationships with for the provision of services, and to use such Content in connection with the provision of those services.
9.3 You understand acknowledge and agree that /rentalidx.alohaliving.com, in providing the Site to its users, may (a) broadcast, transmit or otherwise distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of those connecting networks, devices, services or media. You agree that /rentalidx.alohaliving.com has and you grant to /rentalidx.alohaliving.com all of the rights necessary for /rentalidx.alohaliving.com to lawfully take these actions.
9.4 You warrant, represent and agree with /rentalidx.alohaliving.com that you have all the necessary rights, power and authority to grant this license.
10 Saying Goodbye or ending our relationship
10.1 The Terms shall apply until terminated by either you or /rentalidx.alohaliving.com.
10.2 Any time you want to end your relationship with /rentalidx.alohaliving.com, you may do so by (a) notifying /rentalidx.alohaliving.com at any time. Your notice should be sent, in writing, to /rentalidx.alohaliving.com at the following address Hawaii Information Service 680 Iwilei Rd., Ste. 777 Honolulu, Hawaii 96814 USA
10.3 /rentalidx.alohaliving.com may at any time, terminate its agreement with you if:
(A) you breach any provision of these Terms or you act in a manner which shows that you do not intend to, or are somehow unable to comply with the provisions of the Terms; or
(B) /rentalidx.alohaliving.com is required to do so by law; or
(C) the partner with whom /rentalidx.alohaliving.com offers any services on the Site to you has ended its relationship with /rentalidx.alohaliving.com or has simply stopped providing these services; or
(D) /rentalidx.alohaliving.com no longer provides the subject service to users in the country in which you are resident or from which you use the Site; or
(E) the Site or services are no longer commercially viable in /rentalidx.alohaliving.com’s sole and absolute discretion;
10.4 This shall NOT affect our rights regarding provision of Services under Section 3 of the Terms.
11. EXCLUSION OF WARRANTIES
11.1 /rentalidx.alohaliving.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY SO CALLED WARRANTY OF NON-INFRINGEMENT.
11.2 YOU EXPRESSLY AND SPECIFICALLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE AND YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SITE AND ANY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
11.3 IN PARTICULAR, /rentalidx.alohaliving.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS NIETHER WARRANT NOR REPRESENT THAT:
(A) YOUR USE OF THE SITE OR ANY SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS,
(B) YOUR USE OF THE SITE OR ANY SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF THE SITE OR ANY SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN ANY ASPECT OF THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE OR ANY SERVICES WILL BE FIXED.
11.4 YOU AGREE UNDERSTAND AND ACCEPT THAT ANYTHING DOWNLOADED OR OBTAINED THROUGH YOUR USE OF THE SITE OR ANY SERVICES IS AT YOUR SOLE DISCRETION AND YOUR SOLE RISK. YOU FURTHER AGREE THAT YOU AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR FOR ANY LOSS OF INFORMATION OR DATA THAT OCCURS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO SUGGESTION, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM /rentalidx.alohaliving.com OR THROUGH OR FROM THE SITE OR ANY SERVICES ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11.6 NOTHING IN ANY OF THESE TERMS, SHALL EXCLUDE OR LIMIT /rentalidx.alohaliving.com’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, ONLY THE LIMITATIONS WHICH ARE PERMITTED IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED, ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. LIMITATION OF LIABILITY
12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.6 ABOVE, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT /rentalidx.alohaliving.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, WITHOUT LIMITATION, ANY LOSS OF INCOME OR PROFIT, WHETHER DIRECT OR INDIRECT, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE WHICH IS OR IS ALLEGED TO BE THE RESULT OF:
(I) YOUR RELIANCE ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE OR ANY SERVICES;
(II) ANY CHANGES WHICH /rentalidx.alohaliving.com MAY MAKE TO THE SITE OR ANY SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY SERVICES OR FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
(III) YOUR FAILURE TO PROVIDE /rentalidx.alohaliving.com WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
12.2 THE LIMITATIONS ON /rentalidx.alohaliving.com’S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT /rentalidx.alohaliving.com HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13. Copyright and trade mark policies
It is /rentalidx.alohaliving.com’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
14. Advertisements
14.1 The manner, mode and extent of advertising by /rentalidx.alohaliving.com on the Site are subject to change without specific notice to you.
14.3 In consideration for /rentalidx.alohaliving.com granting you access to and use of the Site and any services, you agree that /rentalidx.alohaliving.com may place such advertising on the Site.
15. Other content
15.1 The Site may contain links to other web sites, content or resources. /rentalidx.alohaliving.com may have no control over any web sites or resources which are provided by companies or persons other than /rentalidx.alohaliving.com.
15.2 You acknowledge understand and agree that /rentalidx.alohaliving.com is not responsible for the availability of any external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3 You acknowledge understand and agree that /rentalidx.alohaliving.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those other sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
/rentalidx.alohaliving.com will and you agree it may make changes to any or all of its Terms whenever it so decides and you agree that your use of the Site after the date on which any of the Terms have been changed constitutes your acceptance of the updated or otherwise modified Terms.
17 General legals
17.1 There are times when, in the course of using the Site, you may use a service or download a piece of software which is provided by another person or entity. Your use of these other software or services may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with these other companies or individuals.
17.2 These Terms constitute the entire legal agreement between us and control your use of the Site except for any services which /rentalidx.alohaliving.com may provide to you under a separate written agreement.
17.3 You agree that /rentalidx.alohaliving.com may provide you with notices, including those regarding changes to any of the Terms, by email, regular mail, or postings on the Site.
17.4 You agree that in the event that /rentalidx.alohaliving.com does not exercise or enforce any legal right or remedy which it has, this will not be considered by you or any other person or entity to be a waiver of /rentalidx.alohaliving.com’s rights and those rights or remedies will still be available to /rentalidx.alohaliving.com.
17.5 The Site is operated and provided in the State of Hawaii. As such, we are subject to the laws of the State of Hawaii, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Hawaii.
17.6 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be severed from the terms without affecting the remainder of the terms and those remaining provisions shall continue to be and shall remain valid and enforceable.
17.7 You understand, acknowledge and agree that any of the group of companies of which /rentalidx.alohaliving.com is a member shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
17.8 The Terms, and your relationship with /rentalidx.alohaliving.com under the Terms, shall be governed by the laws of the State of Hawaii without regard to its conflict of laws provisions. You and /rentalidx.alohaliving.com agree to submit to the exclusive jurisdiction of the courts located within the county of Honolulu, Hawaii to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that /rentalidx.alohaliving.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Any dispute between you and HIS must be resolved according to one of the following two options: (A) You or HIS may bring legal action in a court located in Hawaii in the United States of America; or (B) If the amount of the dispute is less than $20,000 ($US), you or HIS may bring an arbitration claim through the American Arbitration Association, provided the parties and the arbitration provider agree that (1) the arbitration may be conducted entirely by telephone and exchange of documents; (2) no party or witness will make any personal appearance; and (3) the arbitrator may enter any judgment in any court of competent jurisdiction.
1. Our Relationship.
This part describes and defines the relationship between you and /rentalidx.alohaliving.com.
1.1 If you decide to use this IDX: https://rentalidx.alohaliving.com ( the “Site”) your use is governed by and subject to the terms of this legal agreement . /rentalidx.alohaliving.com is owned and operated by Hawaii Information Service 680 Iwilei Rd., Ste. 777 Honolulu, Hawaii 96814 USA.
1.2 This agreement governs our relationship. The only exception is if we otherwise agree in writing to some other or additional terms and conditions.
1.3 This agreement also includes and incorporates by reference, all of the terms of any Legal Notices applicable to the Site. These legal notices include without limitation any disclaimers, or intellectual property notices.
2. How Our Legal Relationship is Created.
2.1 Our legal relationship begins when you use the Site. You may not use the Site or any of the services offered on the Site unless you, first, agree to be bound by the terms and conditions of this agreement. If, after reading this agreement you do not want to be bound by its terms and conditions then you must leave the Site immediately. If you continue to use the Site you are saying you agree to all of the terms and conditions and agree to be bound by all of them.
2.2 Your acceptance of all of our terms and conditions is simple. By your actual use of the Site, you are formally agreeing to enter into a legal relationship with /rentalidx.alohaliving.com which legal relationship is defined, established and governed by the terms and conditions of this agreement. Accordingly, you do hereby formally acknowledge, understand and agree that /rentalidx.alohaliving.com shall be entitled to and shall treat your use of the Site as your formal acceptance of all of the terms and conditions of this agreement, which is effective immediately.
2.3 Notwithstanding the foregoing, you are not permitted to use the Site and may not enter into this agreement if you are too young to enter into a legal relationship with /rentalidx.alohaliving.com. This means in most states that you are under the age of 18. Additionally, if, for some reason, you are legally prohibited from using the Internet, the information and/or the services available on the Site under the laws of the United States or any other country including your country of residence or the country from which you access the Site you may not use the Site.
3. Your Use of the Site
3.1 In order to obtain access certain areas of the Site or to be able to use various services, and to be able to continue to access said areas of the Site and services, you may be required to provide identification and contact data concerning yourself. You hereby agree that any identification and contact data that you supply /rentalidx.alohaliving.com will be accurate, and up to date.
3.2 You do hereby agree to use the Site only for purposes that are permitted by /rentalidx.alohaliving.com’s terms and conditions as well as the laws, regulations and/or generally accepted practices or guidelines in all of the places from which you access the Site. This includes any laws regulating the export of data or software to and from the United States or any other country that is applicable to your use and the Site.
3.3 You agree not to access or attempt to access the Site or any services available on the Site through any automated methodology, including, without limitation, the use of scripts or screen scraping. You hereby agree to comply with any and all instructions set out in the Site including, without limitation, any applicable robots.txt file present, if any.
3.4 You hereby promise, covenant and agree that you will not participate in or engage in any activity that interferes with or disrupts the Site or any of the services provided on the Site. This covenant and agreement applies equally to all of the servers and networks which are connected to the Site.
3.5 You hereby promise and agree not to copy, trade, sell, offer to sell, or resell any of the images, text, information, data or services offered on the Site for any purpose.
3.6 You acknowledge, understand and agree that you, alone, are responsible for any breach of your obligations under the Terms for the use of the Site or any services offered on the Site as well as the consequences (including any loss or damage which /rentalidx.alohaliving.com may suffer) of any such breach. Moreover, /rentalidx.alohaliving.com has no responsibility or liability to you or to any third party for and such breach.
4. Security & Passwords
4.1 You understand and accept sole responsibility for maintaining the confidentiality of passwords associated with any account you use to access the Site and all activities that take place on the Site under your account..
5. Your Privacy
5.1 For information about /rentalidx.alohaliving.com’s privacy policy please read our privacy policy, which is available on the Site. This policy explains how /rentalidx.alohaliving.com deals with your personal information, and respects your privacy, when you use the Site.
5.2 You agree to the use of your data in accordance with our privacy policies.
6. Content in the Site
6.1 You acknowledge, understand and agree that all data, written text, computer software, music, audio files or other sounds, photographs, videos and/or other images which you may have access to as part of, or through your use of, the Site are the sole responsibility of the person from which such content originated. All of this information is defined as and will be referred to as the “Content”.
6.2 All Content presented to you as part of the Site, including advertisements and any sponsored Content may be protected by various intellectual property rights and therefore are owned by the sponsors or advertisers (or others acting on their behalf) who provided that Content. Accordingly, you do not have the right to and may not modify, sell, license, loan, rent, distribute or otherwise create works that are based on or incorporate this Content in whole or in part without a separate agreement with the owner of that Content.
6.3 /rentalidx.alohaliving.com has and reserves the right, although without any obligation, to preview, review, flag, filter, modify, refuse or remove any or all Content from the Site.
6.4 While it is our goal at /rentalidx.alohaliving.com to make this a family friendly site, we simply cannot control everything that appears on the Site. Therefore you understand and agree that by using the Site you may be exposed to Content that you don’t like or which you find objectionable, offensive or indecent. You and you alone accept the risk of be exposed to this type of material by using the Site.
6.5 You acknowledge, understand and agree that you alone are responsible for any Content that you create, transmit or display while using the Site and for all of the consequences of your conduct, including all damages and losses which /rentalidx.alohaliving.com may suffer as a result. You agree that /rentalidx.alohaliving.com shall have no responsibility to you or to any third party for any of this Content or any of your conduct.
7. Legal Rights
7.1 You acknowledge understand and agree that /rentalidx.alohaliving.com and any of its Licensors own all of the legal right, title and interest in and to the Site, including all intellectual property rights and proprietary rights which reside in or arise out of the Site, whether registered or not, and wheresoever in the world those rights exist or are recognized. You agree that you shall not take down, alter, remove, obscure or obliterate any notice of any proprietary right such as copyright and trade mark notices affixed to or contained within the Site.
7.2 You further acknowledge that you understand that the Site may, at times, contain information which is considered and/or is marked as being confidential by /rentalidx.alohaliving.com You hereby agree not to disclose or otherwise disseminate such information.
7.3 /rentalidx.alohaliving.com has no intention to and nothing in the Site, including these terms is intended to nor does it give you any right to use any of /rentalidx.alohaliving.com’s trade names, trade marks, service marks, trade dress, logos, domain names, and/or any other distinctive brand features.
7.4 Other than the limited license you grant us as set forth below, /rentalidx.alohaliving.com agrees that it has and obtains no right, title or interest from you or anyone acting on your behalf, in or to any Content that you submit, post, transmit or display on, or through, the Site, including any intellectual property rights which subsist in any of that content, whether registered or not, and wheresoever in the world those rights may exist or are recognized. This provision is not intended to nor shall it supersede any written agreement between you and /rentalidx.alohaliving.com concerning any such content.
7.5 In using the Site you agree to never use any trade mark, service mark, trade name, logo of any company or organization in a manner that is likely to or intended to cause confusion about the owner or authorized user of any such marks, names or logos.
8. Your License from Us
8.1 /rentalidx.alohaliving.com gives you a personal, worldwide, royalty-free, non-assignable, non transferable and non-exclusive right and license to use any software provided to you by /rentalidx.alohaliving.com as part of the Site as provided to you by /rentalidx.alohaliving.com or its licensors (“Software”). This license is for the sole purpose of allowing you to use and enjoy the benefit of the Site in the manner permitted herein and for no other purpose.
8.2 You may not nor permit others to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us, in writing.
8.3 You may not under any circumstances assign or sub-license any of your rights hereunder, nor may you grant any security interest in or over your rights to use any of the Software, nor may you transfer in any way any part of your rights to use any of the Software.
9. Your Content license to us
9.1 While you retain the copyright and other rights you already hold in Content which you have submitted, posted or displayed on or through, the Site, by reason of your submitting, posting or otherwise displaying your content you give /rentalidx.alohaliving.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Site, the purpose of which is to allow /rentalidx.alohaliving.com to display, distribute and promote the Site.
9.2 You agree that this license extends to the right for /rentalidx.alohaliving.com to make this Content available to other companies, organizations or individuals with whom /rentalidx.alohaliving.com has relationships with for the provision of services, and to use such Content in connection with the provision of those services.
9.3 You understand acknowledge and agree that /rentalidx.alohaliving.com, in providing the Site to its users, may (a) broadcast, transmit or otherwise distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of those connecting networks, devices, services or media. You agree that /rentalidx.alohaliving.com has and you grant to /rentalidx.alohaliving.com all of the rights necessary for /rentalidx.alohaliving.com to lawfully take these actions.
9.4 You warrant, represent and agree with /rentalidx.alohaliving.com that you have all the necessary rights, power and authority to grant this license.
10 Saying Goodbye or ending our relationship
10.1 The Terms shall apply until terminated by either you or /rentalidx.alohaliving.com.
10.2 Any time you want to end your relationship with /rentalidx.alohaliving.com, you may do so by (a) notifying /rentalidx.alohaliving.com at any time. Your notice should be sent, in writing, to /rentalidx.alohaliving.com at the following address Hawaii Information Service 680 Iwilei Rd., Ste. 777 Honolulu, Hawaii 96814 USA
10.3 /rentalidx.alohaliving.com may at any time, terminate its agreement with you if:
(A) you breach any provision of these Terms or you act in a manner which shows that you do not intend to, or are somehow unable to comply with the provisions of the Terms; or
(B) /rentalidx.alohaliving.com is required to do so by law; or
(C) the partner with whom /rentalidx.alohaliving.com offers any services on the Site to you has ended its relationship with /rentalidx.alohaliving.com or has simply stopped providing these services; or
(D) /rentalidx.alohaliving.com no longer provides the subject service to users in the country in which you are resident or from which you use the Site; or
(E) the Site or services are no longer commercially viable in /rentalidx.alohaliving.com’s sole and absolute discretion;
10.4 This shall NOT affect our rights regarding provision of Services under Section 3 of the Terms.
11. EXCLUSION OF WARRANTIES
11.1 /rentalidx.alohaliving.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY SO CALLED WARRANTY OF NON-INFRINGEMENT.
11.2 YOU EXPRESSLY AND SPECIFICALLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE AND YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SITE AND ANY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
11.3 IN PARTICULAR, /rentalidx.alohaliving.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS NIETHER WARRANT NOR REPRESENT THAT:
(A) YOUR USE OF THE SITE OR ANY SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS,
(B) YOUR USE OF THE SITE OR ANY SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF THE SITE OR ANY SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN ANY ASPECT OF THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE OR ANY SERVICES WILL BE FIXED.
11.4 YOU AGREE UNDERSTAND AND ACCEPT THAT ANYTHING DOWNLOADED OR OBTAINED THROUGH YOUR USE OF THE SITE OR ANY SERVICES IS AT YOUR SOLE DISCRETION AND YOUR SOLE RISK. YOU FURTHER AGREE THAT YOU AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR FOR ANY LOSS OF INFORMATION OR DATA THAT OCCURS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO SUGGESTION, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM /rentalidx.alohaliving.com OR THROUGH OR FROM THE SITE OR ANY SERVICES ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11.6 NOTHING IN ANY OF THESE TERMS, SHALL EXCLUDE OR LIMIT /rentalidx.alohaliving.com’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, ONLY THE LIMITATIONS WHICH ARE PERMITTED IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED, ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. LIMITATION OF LIABILITY
12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.6 ABOVE, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT /rentalidx.alohaliving.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, WITHOUT LIMITATION, ANY LOSS OF INCOME OR PROFIT, WHETHER DIRECT OR INDIRECT, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE WHICH IS OR IS ALLEGED TO BE THE RESULT OF:
(I) YOUR RELIANCE ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE OR ANY SERVICES;
(II) ANY CHANGES WHICH /rentalidx.alohaliving.com MAY MAKE TO THE SITE OR ANY SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY SERVICES OR FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
(III) YOUR FAILURE TO PROVIDE /rentalidx.alohaliving.com WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
12.2 THE LIMITATIONS ON /rentalidx.alohaliving.com’S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT /rentalidx.alohaliving.com HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13. Copyright and trade mark policies
It is /rentalidx.alohaliving.com’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
14. Advertisements
14.1 The manner, mode and extent of advertising by /rentalidx.alohaliving.com on the Site are subject to change without specific notice to you.
14.3 In consideration for /rentalidx.alohaliving.com granting you access to and use of the Site and any services, you agree that /rentalidx.alohaliving.com may place such advertising on the Site.
15. Other content
15.1 The Site may contain links to other web sites, content or resources. /rentalidx.alohaliving.com may have no control over any web sites or resources which are provided by companies or persons other than /rentalidx.alohaliving.com.
15.2 You acknowledge understand and agree that /rentalidx.alohaliving.com is not responsible for the availability of any external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3 You acknowledge understand and agree that /rentalidx.alohaliving.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those other sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
/rentalidx.alohaliving.com will and you agree it may make changes to any or all of its Terms whenever it so decides and you agree that your use of the Site after the date on which any of the Terms have been changed constitutes your acceptance of the updated or otherwise modified Terms.
17 General legals
17.1 There are times when, in the course of using the Site, you may use a service or download a piece of software which is provided by another person or entity. Your use of these other software or services may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with these other companies or individuals.
17.2 These Terms constitute the entire legal agreement between us and control your use of the Site except for any services which /rentalidx.alohaliving.com may provide to you under a separate written agreement.
17.3 You agree that /rentalidx.alohaliving.com may provide you with notices, including those regarding changes to any of the Terms, by email, regular mail, or postings on the Site.
17.4 You agree that in the event that /rentalidx.alohaliving.com does not exercise or enforce any legal right or remedy which it has, this will not be considered by you or any other person or entity to be a waiver of /rentalidx.alohaliving.com’s rights and those rights or remedies will still be available to /rentalidx.alohaliving.com.
17.5 The Site is operated and provided in the State of Hawaii. As such, we are subject to the laws of the State of Hawaii, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Hawaii.
17.6 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be severed from the terms without affecting the remainder of the terms and those remaining provisions shall continue to be and shall remain valid and enforceable.
17.7 You understand, acknowledge and agree that any of the group of companies of which /rentalidx.alohaliving.com is a member shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
17.8 The Terms, and your relationship with /rentalidx.alohaliving.com under the Terms, shall be governed by the laws of the State of Hawaii without regard to its conflict of laws provisions. You and /rentalidx.alohaliving.com agree to submit to the exclusive jurisdiction of the courts located within the county of Honolulu, Hawaii to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that /rentalidx.alohaliving.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Any dispute between you and HIS must be resolved according to one of the following two options: (A) You or HIS may bring legal action in a court located in Hawaii in the United States of America; or (B) If the amount of the dispute is less than $20,000 ($US), you or HIS may bring an arbitration claim through the American Arbitration Association, provided the parties and the arbitration provider agree that (1) the arbitration may be conducted entirely by telephone and exchange of documents; (2) no party or witness will make any personal appearance; and (3) the arbitrator may enter any judgment in any court of competent jurisdiction.