ALOHA PACIFIC PREMIER REALTY

WEBSITE TERMS AND CONDITIONS OF USE

By vising this website, you agree to the terms and conditions below. If you do not agree to these terms and conditions, please do not use this website.

HISTORY

Established in 2008, CUSO of Hawaii Properties LLC, doing business as Aloha Pacific Premier Realty (“APPR”) is a full service real estate company. We provide personalized full service realty services to both residential and commercial clients.

All of our agents are licensed and members of the Honolulu Board of Realtors. We invite you to visit us and speak with one of our agents for more information.

RESTRICTIONS ON USE

For your protection and the protection of APPR, you agree not to share your login or personal information with anyone else. You are responsible for all acts or omissions that occur through the use of your registration information subject to applicable law. You agree that you will not use any APPR electronic communication feature for any purposes that is unlawful, tortuous, abusive, intrusive, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. You agree that you will not collect or store personal data about other users. You agree that you will not transmit any material that contains a virus or any other computer code, file, program or anything else that might interfere with the functionality of any computer software, hardware, telecommunications equipment or anything else. With the exception of using web browser software, you agree that you will not access or log on to our computer systems, website or software, or obtain, download, transfer or transmit any content to or from our computer systems, website or software.

CONTACTING US

You may send us general e-mail messages by contacting us at info@alohapacificpremierrealty.com. If you have an urgent message for us that is time-sensitive, please contact us at (808) 531-4663. If you do not receive a response from us within one business day, please contact us to confirm that we received your email and are addressing your concern.

Do not include any personal or confidential information in any email that you send to us, whether through this website or through a different email provider. It is important that you inform us if your email address changes. We may send you important information by email.

Please note, however, that we will never contact you by email, telephone, mail or other type of correspondence and request your password, username or other access code. If you are contacted by anyone asking for your password, username or other access code, you should refuse and immediately contact us. You may be the target of identity theft.

If you have any questions, please call us at (808) 531-4663 or email us at info@alohapacificpremierrealty.com. If you do not wish to receive future APPR contacts, please email us at info@alohapacificpremierrealty.com.

SECURITY

You agree to take every precaution to ensure the safety, security and integrity of your information. You agree not to leave your computer or mobile device unattended while logged into the website and to log off immediately at the completion of each access. You agree not to provide any of your access information to any unauthorized persons. If you permit other persons to use your login information, you will be responsible for any action taken by such person and liable for any resulting damages.

It is important that you close all other windows before accessing the website, and that you not open other windows while you are logged on to the website. It also is important that you end each session by properly logging off of the website and closing the window for the website. Having other windows open while you are logged on to the website, or failing to log off of the website and closing the window properly may increase the risk of unauthorized access to your account.

PRIVACY POLICY

Sharing Your Information

APPR may collect the personal information that is provided to us by you or on your behalf. We will not sell or rent your personal information to third parties who are not our affiliates. We reserve the right to disclose your personal information to third parties to provide information or services that your request; as required or permitted by law; or when we believe that disclosure is necessary to protect our rights or our employees.

How We Use Your Information

APPR may use the information we collect from you to provide you with our products and services; to respond to inquiries; to provide information about our products or services; to resolve problems; and to manage this website and assess its usage.

Children’s Privacy

APPR is in compliance with the requirements of the Children’s Online Privacy Protection Act. APPR does not provide services to minors, nor do we intentionally collect data from minors.

Third Party Links

This privacy policy applies only to information collected while you are on this website. This website may contain links to third party websites that are not under our control. We are not responsible for such third-party websites or anything contained therein, and any information you provide on a third-party website is subject to the terms of use and privacy policy of that website. Any links are used at your sole risk. Using a link may identify you as an APPR client to the other website operator.

User-Initiated Communication

This APPR website enables you to send e-mail to your APPR agent. Whenever you choose to initiate these kinds of communications, you may expect to be contacted in return.

ACCESS TO THIS WEBSITE

We may change or add to the Terms and Conditions at any time. By using this website after the date of any change or amendment, you agree to that change or amendment.

DISCLAIMER OF WARRANTIES; INDEMNIFICATION

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRSENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. WE PROVIDE INFORMATION IN GOOD FAITH BUT HAVE NOT VERIFIED THE INFORMATION PROVIDED BY THIRD PARTIES. THE CONTENT ON THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME SUBJECT TO APPLICABLE LAW.

YOU AGREE THAT WE SHALL NOT BE UNDER ANY LIABILITY OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS INCURRED OR DAMAGE SUFFERED BY YOU BY REASON OR IN CONSEQUENCE OF ANY USE OF THIS WEBSITE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT.

YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR SERVICE PROVIDER HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, EXPENSES, FEES, CLAIMS, DAMAGES, LIABILITIES AND CAUSES OF ACTIONS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY FEES AND DISBURSEMENTS) OF THIRD PARTIES RESULTING OR ARISING FROM: (A) YOUR FAILURE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS WEBSITE; OR (B) YOUR MISCONDUCT, FRAUD, CRIMINAL ACTIVITY, INTENTIONAL TORT, NEGLIGENCE, ACTS OR OMISSIONS. WE MAY PARTICIPATE IN DEFENSE OF ANY CLAIM AND SETTLEMENT WITH COUNSEL OF OUR OWN CHOOSING AT OUR OWN EXPENSE. YOU SHALL HAVE NO AUTHORITY TO SETTLE ANY CLAIM AGAINST US WITHOUT OUR PRIOR WRITTEN CONSENT.

WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOT WITHSTANDING THE LIMITATIONS OF APPR’S LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS, A COURT OR ARBITRATOR IMPOSES LIABILITY UPON US IN CONNECTION WITH THIS WEBSITE, IN NO EVENT SHALL OUR LIABILITY EXCEED THE GREATER OF $50 OR THE CHARGE FOR THE SERVICE IN QUESTION, AND YOU AGREE TO BE RESPONSIBLE FOR ALL OTHER AMOUNTS.

WAIVER OF CLAIMS AGAINST ALOHA PACIFIC FEDERAL CREDIT UNION

APPR is a wholly-owned subsidiary of CUSO of Hawaii Services LLC, which is a wholly-owned subsidiary of Aloha Pacific Federal Credit Union (the “Credit Union”). Consistent with federal regulations governing federal credit unions, subsidiaries of the Credit Union are structured and maintained as legal entities separate from the Credit Union. You agree that the Credit Union, its employees, officers, directors, and agents are not liable for the obligations or actions of APPR, CUSO of Hawaii Services LLC, or for any breach of this Agreement.

CONSENT TO JURISDICTION AND VENUE IN HAWAII; HAWAII LAW APPLIES; ENFORCEMENT

These Terms and Conditions are governed by the laws and regulations of the State of Hawaii. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which our main office is located.

You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this Agreement. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorneys’ fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions.

You consent to personal jurisdiction in Hawaii in connection with any dispute between you and APPR arising out of these Terms and Conditions or pertaining to use of this website or any services or products that you obtain from us.

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed amended and enforced to the fullest extent possible and will not affect the validity and enforceability of any remaining provisions.

PROPRIETARY INFORMATION

The material and content accessible from this website is the proprietary information of APPR (or the third party providing the Content), and we (or such third party) retain all right, title, and interest in the Content. The Content may not be copied or used in any way without our prior written consent, except that you may print out a copy of the Content solely in connection with your use of the Service. Any modification or use of the Content except as expressly provided in these Terms and Conditions is prohibited.

FUTURE USE

We suggest that you print and retain a copy of these Terms and Conditions for your records. You may obtain additional copies of these Terms and Conditions by contacting APPR.


Last revised July 20, 2015