Best Of Hawaii Real Estate
TERMS AND CONDITIONS
Last Updated March 9, 2009
Welcome to Best of Hawaii Real Estate Website (“Website”). The website is provided to you by The Portal Tree, LLC, a Delaware Limited Liability Company (“Company,” “We,” “Us,” “Our”) and is subject to the following terms and conditions for use of this Website. The Terms and Conditions is a contractual agreement between you (“User,” “You,” “Your”) and Us regarding Your use of the Website and the referral services it provides. Please review it carefully. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND THE POSTED PRIVACY POLICY ON THIS WEBSITE. From time to time Company may update and amend these Terms and Conditions as well as the posted Privacy Policy. Each time You use the Website, You will need to review these Terms and Conditions and agree to the same. We reserve the right, in Our sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. Such modifications, alterations, and updates shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated Terms if You access or use this Website after We have posted notice of such modifications, alterations or updates. No further notification will be sent to you.
1. SERVICES PROVIDED.
The Website is designed to provide You with access to information about Real Estate Agents and Brokers to assist You in the purchase of sale of real estate in Hawaii. In addition, it may provide You with information regarding additional services, products, and related links to assist you in your real estate endeavor (the “Content”). You will not be charged for the referral services. All revenue from this Website is generated through its relationships with the Best of Hawaii’s real estate agents and brokers as well as third party advertisers.
Again, this Website will permit You to link to many other websites that may or may not be affiliated with the Company. These third party websites will have different terms and conditions for their use as well as different privacy policies. Your access to and use of such third party websites is governed by the terms of use and policies of those sites, not this Website.
Upon registration of your information on the Web Site, we will research our database and locate an Agent or Broker who is willing to assist you with your request. You will be sent a follow up email confirming your registration and the contact information of the Agent or Broker to whom you have been referred. At their earliest convienance, the Agent or Broker will contact you.
2. PRIVACY.
All information You provide to use on this Website or in the course of Our assisting You with the referral you seek from this Website and any other information You provide to Us is subject to Our Privacy Policy. You agree to be bound by the terms of our Privacy Policy [Insert Link Here]. Please review our Privacy Policy before submitting any information to Us.
3. COPYRIGHT AND TRADEMARKS.
All Content, logos, page headers, custom graphics and icons on the Website are trademarks and/or service marks owned by Company. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, You may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
4. USER CONDUCT.
You agree that you will only use this Website for purposes that are lawful purposes. You agree to provide true, accurate, current and complete Personal Information where prompted on the Website. You further agree that all Personal Information You provide to Us is truthful and is Your Personal information and not that of any other party. You further agree that You are over the age of 18. You agree that You are solely responsible for the information You provide on the Website, and We act as a passive conduit for Your submitted information to an appropriate real estate agent or broker. As used in these Terms, “Personal Information” means any information or data that You submit to this Website and any information or data that is generated by this Website as a result of Your use of this Website.
If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use, of this Website. We may suspend or terminate Your service or access to this Website if We believe a breach of these Terms has occurred.
You are specifically prohibited from: (a) take any action on this Website that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) decipher or attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way related to the Website; (c) upload, post, emailing or otherwise transmitting any Personal Information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (d) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (e) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our pages, or the Content without Our express prior written permission.
5. REAL ESTATE AGENTS, BROKERS AND OTHER WEBSITES.
Our service provides You with a referral to a local real estate agent or broker only. Your correspondence, contracts or business dealings with, or purchase of real estate using the services of Our referral through this Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between You and the real estate agent, broker or advertiser with whom you have contractually agreed upon such services. You agree that We shall neither be responsible nor liable for any loss or damage incurred by You as the result of any such dealings with third parties or as the result of the presence of such advertisers on the Website. We do not endorse nor are We responsible for any actions by the real estate agent and or broker to whom you are referred.
This Website may contain links to third-party websites not under Our control or operation (the “Advertiser Links”). The Advertiser Links will let You leave Our Website and go directly to a third party’s website. You access these third party websites at Your own risk. You agree that We provide the Advertiser Links for Your convenience and information only. We do not endorse nor are We responsible for any content, information, or other related materials found at any such Advertiser Link Sites or any links contained within such websites. In addition, We do not control any use of content, information or other related material that You provide to, or is collected and/or tracked by, such third party websites. Your Use of these third party websites is governed by the terms and conditions and privacy policies posted of the third party website, not this Website, and may differ significantly from Our Posted Privacy Policy. You may not establish a hyperlink to Our Website or provide any links that explicitly or implicitly state any sponsorship or endorsement of Your website by Us.
6. DISCLAIMER OF REAL ESTATE OR BROKER LIABILITY.
You agree that this Web Site provides only referrals to Real Estate Agents and Brokers who are licensed to sell real estate in the State of Hawaii. Although the Agents and Brokers are initially screened by our company for licensing purposes, We make no representations or warranties regarding such Agents and Broker’s services nor do we endorse or recommend the use of any particular Agent or Broker. We have no involvement in the sale or purchase of any real estate by You through the use of one of the referred Agents or Brokers. You relationship with such Agent or Broker is governed by such Agent or Broker’s contractual agreement with you. As such, You agree that We shall not be liable for any damages or cost of any type arising out of or in any way connected with your use of Our referral service.
7. NO WARRANTIES.
THE WEBSITE, THE SERVICES AND/OR PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE SERVICES OR REFERALS FOR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
8. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO RELALIZE ANY SPECIFIC RESULT FROM USE OF THE REFERAL; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES OR PRODUCTS OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE SERVICES OFFERED ON THE WEBSITEMAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND/OR THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section 7 will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed of its essential purpose. The limitations of liability provided in these Terms and Conditions inure to the benefit of Us and Our respective officers, directors, employees, representatives, attorneys, and agents.
9. GOVERNING LAW AND JURISDICTION.
We operate this Website (excluding third party or advertiser linked websites) from Our offices in the State of Delaware. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this Website, You agree that these Terms and Conditions and Your use of the Website shall be governed in all respect by the internal substantive laws of the State of Delaware, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of Delaware for all disputes, cases and controversies regarding this Website, Your use of this Website, and Your relationship with Us. We make no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which You reside.
10. INDEMNIFICATION.
You agree to indemnify and hold Company, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) Your use of the Website; (b) Your breach of the Agreement; and/or (c) Your violation of any rights of another individual and/or entity.
11. GENERAL TERMS.
Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in the State of Delaware in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between You and Company and governs Your use of the Website. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
11. CONTACT US.
If you have any questions about the Agreement or about the practices of Company, please feel free to contact us at contact_us@theportaltree.com.