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Updated September 25, 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The Services include the e-Hawaii 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. e-Hawaii 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 e-Hawaii Realty Services
e-Hawaii 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. e-Hawaii Realty shall not be liable to you or any third party should e-Hawaii Realty exercise its right to modify or discontinue the Service or part of it.
The Site displays information from the Multiple Listing Service from HiCentral MLS, Ltd. (MLS). e-Hawaii 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 e-Hawaii Realty you acknowledge that you are entering into a consumer-broker relationship with e-Hawaii Realty (Daniel Marsh), a broker licensed in the State of Hawaii. This acknowledgement does not constitute an obligation to transact with e-Hawaii Realty.
e-Hawaii 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 2009-2010 e-Hawaii 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:
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 e-Hawaii 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.
e-Hawaii 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
"e-Hawaii Realty", "eHawaii Realty", and our logos are either trademarks, service marks or registered trademarks of e-Hawaii 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 "e-Hawaii Realty", "eHawaii Realty", or any other name, trademark, or product name of e-Hawaii Realty without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of e-Hawaii 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 e-Hawaii 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 e-Hawaii 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. e-Hawaii 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
e-Hawaii 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 e-Hawaii Realty's copyright agent the following written information:
Before sending a notice to e-Hawaii Realty, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for e-Hawaii Realty's Copyright Agent for notice of claims of copyright infringement is provided below.
Attn: DMCA Agent
500 Ala Moana Blvd. Suite 7-400
Honolulu, HI 96813
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Limitation Of Liability
IN NO EVENT SHALL E-HAWAII 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
e-Hawaii Realty is not a publisher of content supplied by third parties and users of the Site. Accordingly, e-Hawaii 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 e-Hawaii Realty. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. e-Hawaii 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.
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