your hawaii realtor
You, the website user ("User") agree that you have read and understand this "terms of service agreement" ("Agreement") before accessing the website and agree that by using this website and/or registering as a user you agree to be bound by all of the terms of this Agreement. The User acknowledges and agrees that this Agreement constitutes a legal binding agreement between the User and Honolulu Realty, Inc., its Employees, Directors, Officers, Agents, honolulurealty.com, its Successors and/or Assigns, hereinafter known as Honolulu Realty. We recommend that you print a copy of this Agreement for your records.
1. If User is a buyer or seller of real estate or an apartment renter, User represents and warrants to Honolulu Realty that he or she will provide factual, complete and accurate information as requested and that he or she is not currently working with another real estate agent, broker or agency and has not entered into any contractual arrangements preventing User from entering into this Agreement with Honolulu Realty. The information contained herein is based on information from the Multiple Listing Service of the Honolulu Board of REALTORS for the period January 2000 through Today.
2. User acknowledges and agrees that property searches conducted by User will be restricted according to guidelines set by the Multiple Listing Service (MLS), with his or her search parameters limited to a reasonable price range and intended geographical region of living. User also acknowledges and agrees that the MLS listing information being provided to User through this website is for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties that User may be interested in purchasing. User also agrees to enter into the Honolulu Association of Realtors Standard Form, Buyer Representation Agreement Exclusive Right To Represent with Honolulu Realty at the time physical property showings begin. User agrees that any communications with an owner or seller, including an intent to view a property, will be conducted through the Honolulu Realty's Realtors® via scheduled appointment. User also understands and accepts Honolulu Realty's right to represent other qualified prospective buyers seeking similar property parameters.
3. User may be eligible to list residential property for sale through the Honolulu Realty, as its exclusive real estate broker.
4. User acknowledges and agrees that his or her use of this website or the use of any of the services provided by the Honolulu Realty to the User does not obligate User to use any of the other services or products offered by any other party. Specifically, the User is not obligated to use any of the mortgage, title insurance or other settlement services offered hereunder by other third parties. To the extent User has any dispute or claim with respect to any of the products, services or information received from such third parties, User acknowledges and agrees that User shall look solely to such parties with respect to such disputes and claims and will release the Honolulu Realty from any such claims or damages.
5. User acknowledges and agrees that as a convenience to User, this website may contain live links to other third-party websites that are not under the control or operation of the Honolulu Realty. The Honolulu Realty is not responsible for any of the content contained in such websites nor does it endorse any of the content found therein. User will access and use such other websites, including information, material, products and services provided therein, solely at his or her risk. Furthermore, we recommend that the User read the privacy policies of such other websites before disclosing his or her personal information since the Honolulu Realty's own privacy policies does not apply to other websites.
6. Neither the Company nor its vendors, partners or clients will be liable under any circumstances for any damage or liability that may arise from the User's use, misuse, or inability to use this website, or for any products, services or information offered or provided hereunder. Furthermore, User acknowledges and agrees that although Honolulu Realty believes that the materials, reports and information (including property listing information) are accurate, updated and complete, the Honolulu Realty does not independently verify the same. Honolulu Realty, its vendors, partners or clients do not guarantee the accuracy, completeness or reliability of such materials, reports and information and are not responsible to User or any other party for any damage or loss relating to their accuracy, completeness or timeliness. All such materials, reports and information should be independently verified by User.
7. User understands and agrees that Honolulu Realty will not be responsible for any damage to hardware, software, data or personal property while using this website or any other website which may be linked to this website, and that using such websites is done at his or her own risk.
8. User understands that all materials, reports, information, and marks contained in this website contain intellectual property owned by the Honolulu Realty or licensed from third parties. The materials, reports, and information are protected under copyright law and may not be reproduced, distributed, or retransmitted without written permission of Honolulu Realty. All rights are reserved. The marks on the website are protected under trademark law and may consist of trademarks, trade names, service marks, including Honolulu Realty's logos and name. These marks are owned by the Honolulu Realty. User may not use or display these marks or confusingly similar marks in conjunction with other products or services without written permission of the Company. The source of the MLS information being displayed in this website is Copyright © 2002-2017, Honolulu Association of Realtors. The pages displayed in this website are Copyright © 2006-2017, Honolulu Realty, Inc.
9. User recognizes that Honolulu Realty may at any time amend the terms of this Agreement by posting the amended Agreement on this website and that User's continued use of this website after the posting of any such amendment will constitute User's acceptance of such amendment. User does not have the right to amend the terms of this Agreement. User further acknowledges and agrees that Honolulu Realty may add, delete or modify all or any portion of the services, products, materials, reports and/or information provided hereunder at any time. User also acknowledges and agrees that not all of the services or products displayed on this website may be available at such time.
10. THIS WEBSITE AND ALL SERVICES, PRODUCTS AND INFORMATION ARE PROVIDED "AS-IS", "WHERE IS" AND "WITH ANY AND ALL FAULTS". NEITHER HONOLULU REALTY, NOR ITS Employees, DIRECTORS, OFFICERS, OWNERS, AGENTS, VENDORS, CLIENTS, PARTNERS, SUCCESSORS, AND/OR ASSIGNS, MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION CONTAINED IN THIS WEBSITE NOR REPRESENT THAT USE OF THIS INFORMATION WOULD NOT INFRINGE OTHER THIRD PARTY RIGHTS. FURTHER THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE TO THE USER OR ANY THIRD PARTY ARISING FROM USE OF THIS WEBSITE OR THE SERVICES, PRODUCTS OR INFORMATION PROVIDED HEREUNDER.
11. User agrees to indemnify, defend and hold the Honolulu Realty, its employees, directors, officers, owners, agents, representatives, vendors and partners harmless from any and all liability, loss, claim and expense (including attorneys' fees and costs) resulting from User's use of the information, materials, products or services listed in this website or resulting from User's violation of this Agreement.
13. The laws of the State of Hawaii (without giving effect to its conflicts of laws) will govern the interpretation and enforcement of this Agreement. User hereby consents to personal jurisdiction in the federal and state courts of Honolulu, Hawaii for any actions arising out of or related to this Agreement.
14. If any of the provisions of this Agreement are held invalid or unenforceable by a court of law with jurisdiction over such matter, such provisions will be deleted from this Agreement and the remaining provisions will remain binding and enforceable. Failure by Honolulu Realty to enforce any of its rights under this Agreement shall not be construed as a waiver of any provision or right to which Honolulu Realty is entitled. Honolulu Realty reserves the right to terminate User's access to the website for User's breach of the terms of this Agreement or for any actions taken by User that damage or may damage the website or the Company. User agrees that the terms of Sections 5, 6, 7, 10, 11, 12 and 13 shall survive the termination of this Agreement.