Terms of Service

Important. Please read this agreement carefully before accessing or using Hawaii Home Sales & Management LLC's (“Company”) website, located at HawaiiHomeSales.com, or any voice or mobile applications, or before participating in any online features, services, and/or programs offered by the Company related to lead generation, responding to inquiries, and management as related to the real estate industry and related industries (collectively, the “Service”). Each time you access or use the Service, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to be bound by all of these Terms, you may not access or use the Service.

As a condition of use, you agree not to use the Service for any purpose that is prohibited by these Terms or by applicable law. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party to: (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity, or that you don't have the right to make available under any law or under contractual or fiduciary relationships.

You agree to comply with all local, state, national, and international laws and regulations applicable to your use of the Service. You further agree that you will not use the Service to send unsolicited communications (spam), impersonate another person, or engage in any fraudulent activity.

By using our Service and providing your contact information, you agree to receive communications from Hawaii Home Sales & Management LLC, including by email, phone, and SMS text message. You expressly consent to receive automated and manually dialed calls and text messages from us at the number you provided, including for marketing purposes, even if your number is on a Do Not Call registry. Message and data rates may apply. You may opt out at any time by replying STOP to any text message or by contacting us directly.

You also acknowledge and agree that Hawaii Home Sales & Management LLC may share your contact information with affiliated real estate professionals, mortgage lenders, and service providers who may contact you in connection with your real estate inquiry.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct, and complete.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Real estate listings and market data are provided for informational purposes only and are subject to change without notice.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material (“Content”). You are responsible for Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms; and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

We reserve the right to terminate the account of anyone found to be infringing on a copyright. Hawaii Home Sales & Management LLC takes no responsibility and assumes no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

When you create an account with the Company, you warrant and guarantee that you are above the age of 18 and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and/or access to the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Hawaii Home Sales & Management LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hawaii Home Sales & Management LLC.

We respect the intellectual property rights of others. If you believe that material located on or linked to by the Service violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act (“DMCA”). We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

The Service may contain links to third-party websites or services that are not owned or controlled by Hawaii Home Sales & Management LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

You acknowledge and agree that Hawaii Home Sales & Management LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You agree to defend, indemnify, and hold harmless Hawaii Home Sales & Management LLC and its licensees, licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) Content posted on the Service.

IN NO EVENT SHALL HAWAII HOME SALES & MANAGEMENT LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (3) ANY CONTENT OBTAINED FROM THE SERVICE; (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (5) ANY MATTER CAUSED BY LOSS OF ACCESS; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF HAWAII HOME SALES & MANAGEMENT LLC OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS, TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT PAID BY YOU FOR USING THE SERVICE.

THE SERVICE AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HAWAII HOME SALES & MANAGEMENT LLC CANNOT AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

These Terms shall be governed and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Any legal action or proceeding relating to your access to or use of the Service shall be instituted in a state or federal court in Honolulu, Hawaii. You and Hawaii Home Sales & Management LLC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND HAWAII HOME SALES & MANAGEMENT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Hawaii Home Sales & Management LLC agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

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