Terms & Conditions

Terms & Conditions


SANDWICH ISLES REALTY WEB SITE TERMS OF USE

Updated July 4, 2014

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By accessing and using this Web site at bestoahurentals.com (the “Site”), you explicitly agree to comply with and be bound by the following terms and conditions (the “Terms of Use”), which Sandwich Isles Realty may change at any time. Please review these terms and conditions periodically and check the version date for changes.

General

Sandwich Isles Realty and its subsidiaries and affiliates (collectively, “Sandwich Isles Realty”) provide you with access to this Web site and the services available on it, or other Web sites as indicated below (collectively, the “Services”). Access to and use of the Services is governed by these Terms of Use.

Services

The Services include the Sandwich Isles Realty Site. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific property for a specific price or terms or a guarantee that the seller of a specific property will sell the property for any specific price or terms. Sandwich Isles Realty is not responsible for and does not guarantee the price, terms, description, and/or availability of any property listed by the Services.

Modification Of Sandwich Isles Realty Services

Sandwich Isles Realty reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Sandwich Isles Realty shall not be liable to you or any third party should Sandwich Isles Realty exercise its right to modify or discontinue the Service or part of it.

Membership

The Site displays information from the Multiple Listing Service from HiCentral MLS, Ltd. (MLS). Sandwich Isles Realty is required by MLS rules to collect your contact information and establish a lawful consumer-broker relationship with you prior to displaying sold property information. By signing up as a member of the Site and using the Services if you do not have an existing consumer-broker relationship with Sandwich Isles Realty you acknowledge that you are entering into a consumer-broker relationship with Sandwich Isles Realty, a broker licensed in the State of Hawaii. This acknowledgement does not constitute an obligation to transact with Sandwich Isles Realty.

Sandwich Isles Realty authorizes MLS and MLS Participants and their duly authorized representatives to access the Site and use the Services for the purposes of verifying compliance with MLS rules and monitoring the display of Participants’ listings by the Site.

Copyright And License

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information (“Materials”) thereof are ALL RIGHTS RESERVED Copyright 2014-2015 Sandwich Isles Realty and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. By accessing the Site and using the Services you acknowledge a bona fide interest in the purchase, sale, or lease of real estate. You are not permitted to copy, redistribute, or retransmit the Materials except in connection with your consideration of the purchase or sale of an individual property. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:

  • market, sell or make commercial use of the Site or any Materials;
  • systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
  • make derivative uses of the Site or the Materials.

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Sandwich Isles Realty or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Sandwich Isles Realty does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results that we derive from third-parties. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. By accessing the Site and using the Services you acknowledge the ownership of the MLS database by HiCentral MLS, Ltd. and the validity of their copyright in the MLS database.

Trademarks And Service Marks

“Sandwich Isles Realty” and our logos are either trademarks, service marks or registered trademarks of Sandwich Isles Realty or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other “hidden text” utilizing “Sandwich Isles Realty” or any other name, trademark, or product name of Sandwich Isles Realty without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Sandwich Isles Realty, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Sandwich Isles Realty’s names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links To Other Sites

The Services contain links to third-party Web sites. These third-party sites are not under the control of Sandwich Isles Realty. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Sandwich Isles Realty is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Digital Millennium Copyright Act Compliance

Sandwich Isles Realty complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Sandwich Isles Realty’s copyright agent the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail 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 copyright owner or authorized to act on the copyright owner’s behalf.
Before sending a notice to Sandwich Isles Realty, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Sandwich Isles Realty’s Copyright Agent for notice of claims of copyright infringement is provided below.

Sandwich Isles Realty
Attn: DMCA Agent
4211 Waialae Avenue, Ste. 4090
Honolulu, HI 96816
USA

No Warranties

THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

Limitation Of Liability

IN NO EVENT SHALL SANDWICH ISLES REALTY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Responsibility for Third Party Content

Sandwich Isles Realty is not a publisher of content supplied by third parties and users of the Site. Accordingly, Sandwich Isles Realty has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Sandwich Isles Realty. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. Sandwich Isles Realty does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.

Choice Of Law, Waiver, And Claims

These Terms of Use shall be governed by the laws of the State of Hawaii without regard to its conflict of law provisions. Sandwich Isles Realty’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Honolulu, Hawaii, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Sandwich Isles Realty or you may seek any interim or preliminary relief from a court of competent jurisdiction in Honolulu, Hawaii, as necessary to protect the rights or property of you or Sandwich Isles Realty.

Modification

Sandwich Isles Realty may change, add to or delete these Terms of Use or any portion thereof from time to time at its sole discretion.