PORTFOLIOHAWAII.COM TERMS OF USE

This website (the “Site”) is owned and operated by Sandwich Isles Realty, Inc. d.b.a. PORTFOLIO RB-21303 (“PORTFOLIO”) by arrangement with and licenses from our service provider, www.SiteGround.com (“SiteGround”). By using and accessing the Site and logging on to the Site you expressly acknowledge that you have read and understand these terms of use (“Terms of Use”) and agree to be bound by the Terms of Use. These Terms of Use form a legally binding agreement between PORTFOLIO and SiteGround (as applicable) and you.

1. USE OF THE SITE

PORTFOLIO may modify or change the Terms of Use at any time by posting notice of such change on Site. Your continued use of Site after the effective date of such notice will constitute acknowledgment and acceptance of the revised Terms of Use.

PORTFOLIO may make certain information or services available via the Site only pursuant to additional guidelines, rules, or agreements applicable to such services, which may be posted from time to time.

You are entitled to view, copy, and print any documents that are made generally available on the Site but only for your own internal business purposes. Any sale, transmission, or redistribution of the Site or its content, and any copying, modification, or other use of the Site or its content for any purposes other than your own internal business purposes, are strictly prohibited.

You are prohibited from using the Site to gain unauthorized access, directly or indirectly, to PORTFOLIO’s computer systems or a third party’s computer systems. You shall not interfere with another user’s use or enjoyment of the Site.

PORTFOLIO reserves the right for itself and for SiteGround, in its sole discretion, to take action that either of them deems appropriate for violations of this Terms of Use, including but not limited to terminating your access to the Site, filing of criminal charges against you, or the initiating of a civil action against you.

To the extent required to do so by law, PORTFOLIO and SiteGround, as applicable, will fully cooperate with any law enforcement authorities or court order requesting or directing either of them to disclose information regarding users of the Site.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

2. PRIVACY POLICY

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy on the Site.

3. PROPRIETARY RIGHTS

The Site contains proprietary information that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by PORTFOLIO you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like PORTFOLIO and SiteGround, being asked to remove material that allegedly violates someone’s copyright. PORTFOLIO respects others’ intellectual property rights and reserves the right to delete or disable any content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. When PORTFOLIO receives a report of allegedly infringing content on the site, it will comply in accordance with the PORTFOLIO Copyright Policy below.

4. TERMINATION

PORTFOLIO may terminate your access to or use of the Site and remove and discard any content within the Site, for any reason. PORTFOLIO may also discontinue providing the Site, or any part thereof, with or without notice. In addition, PORTFOLIO on its own or through SiteGround, may terminate your access to or use of the Site, and remove and discard any content within the Site, if your use of the Site, or if the content you provide through the Site, violates this Terms of Use or is determined by PORTFOLIO to be harmful or illegal or to a pose a threat to the safety and security of PORTFOLIO, SiteGround, and their respective personnel and/or technology infrastructure. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that PORTFOLIO may immediately deactivate or delete all related information and files. Further, you agree that PORTFOLIO shall not be liable to you or any third-party for any termination of your access to the Site.

5. LINKS TO THIRD PARTY SITES

The Site may provide links to third party website(s) or resources. Such website(s) are publicly available and PORTFOLIO, by arrangement with SiteGround or otherwise, is providing access to such website(s) through the Site solely as a convenience to you. Because PORTFOLIO and SiteGround have no control over such sites and resources, you acknowledge and agree that neither of them is responsible for the availability of such external sites or resources. The fact that access to such website(s) is provided does not constitute any endorsement, authorization, or sponsorship of such website(s) or their sponsors by PORTFOLIO or SiteGround. Neither PORTFOLIO nor SiteGround endorses or is responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that neither PORTFOLIO nor SiteGround shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. You understand and agree that you will use or rely on such web sites solely at your own risk and that neither PORTFOLIO nor SiteGround grants to you any rights in respect of such website(s).

6. INDEMNITY

You agree to indemnify, release, and hold harmless each of PORTFOLIO, SiteGround, and each of their affiliates, employees, officers, agents, licensors, and service providers from and against any and all liabilities, expenses (including attorney’s fees), and damages arising out of claims resulting from your use of or inability to use the Site or the content appearing on the Site.

7. DISCLAIMER OF WARRANTIES
8. PORTFOLIO STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THIS SITE. HOWEVER, PORTFOLIO MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THIS SITE. PORTFOLIO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PORTFOLIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
9. NEITHER PORTFOLIO NOR SITEGROUND MAKES ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.
10. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PORTFOLIO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
12. LIMITATION OF LIABILITY
13. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PORTFOLIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.
14. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. NOTICE

Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on the Site.

10. GENERAL INFORMATION
11. The failure of PORTFOLIO to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Terms of Use, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this Terms of Use will continue in full force and effect.
12. 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 Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. THIS TERMS OF USE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT GIVING REGARD TO THE CHOICE OF LAW PROVISIONS OF THE STATE. IN THE EVENT THAT ANY PROVISION OF THIS TERMS OF USE OR ANY PART HEREOF IS FOUND INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS TERMS OF USE WILL BE BINDING ON THE PARTIES HERETO AND WILL BE CONSTRUED AS IF THE INVALID OR UNENFORCEABLE PROVISION OR PART THEREOF HAD BEEN DELETED.
14. Certain activities provided via the website may be licensed under U.S. Patents.

PORTFOLIO COPYRIGHT POLICY

As a Hawaii real estate company, Sandwich Isles Realty, Inc. d.b.a. PORTFOLIO (“PORTFOLIO”) understands the importance of property, especially intellectual property (“IP”). PORTFOLIO does not tolerate the abuse of third parties’ IP on PORTFOLIO’s systems, websites owned by PORTFOLIO, and/or websites where PORTFOLIO operates the website infrastructure (each a “PORTFOLIO Site”). Our agreements with those that use and/or post content or material to PORTFOLIO Sites specifically prohibit the uploading, posting, emailing, or transmittal of content or material that infringes the IP of others. In order to enforce this policy and protect the IP of others, PORTFOLIO provides a process for submitting complaints that content or material posted on a PORTFOLIO Site is in violation of U.S. copyright law.

Pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. Section 512), the full text of which is available at www.copyright.gov/title17/92chap5.html#512, PORTFOLIO has implemented procedures for receiving notices of claimed copyright infringement (“Notices”) and has designated an agent to receive those Notices. PORTFOLIO has also implemented procedures for submitting counter-notices should you receive a notice of copyright infringement you believe to be erroneous (“Counter-Notices”). Notices and Counter-Notices must be truthful and must be submitted under penalty of perjury. Submitting a false Notice or Counter-Notice could lead to personal liability. You may want to seek the advice of counsel prior to submitting a Notice or Counter-Notice.

PORTFOLIO reserves the right, in its sole discretion, to block or remove any objectionable content or material. Regardless of whether PORTFOLIO removes or blocks content or material, PORTFOLIO will make a good-faith effort to notify you if a copyright infringement complaint is made against you.

Notice of Copyright Infringement

If you have a good-faith belief that content or material on a PORTFOLIO Site infringes upon a copyright you own or the copyright of a person or entity for which you have been authorized to act on behalf of the owner, you may submit a Notice to PORTFOLIO. The Notice must be in writing (email or letter) and must contain the following:

Your name and contact information (full name, email address, phone number, and mailing address). NOTE: PORTFOLIO regularly forwards Notices (including personal information received) to the person that posted the allegedly infringing content. A description of the copyrighted work you claim has been infringed, including the name and contact information of the copyright owner if the owner is someone other than yourself. When available, please provide the registration number and date for the copyrighted work you claim has been infringed.

A description of the content or material on a PORTFOLIO Site you claim infringes your copyright. The best way to provide this information is to describe the content or material and provide the URL where the allegedly infringing content or material may be found. Computer screenshots depicting the allegedly infringing content or material and its location are welcomed, but not required.

A statement by you that you have a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Your electronic or physical signature.

Counter-Notice

If you have a good-faith belief that a Notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. The Counter-Notice must be in writing (email or letter) and must contain the following:

Your name and contact information (full name, email address, phone number, and mailing address). NOTE: PORTFOLIO will forward your Counter-Notice (including personal information received) to the person or entity that originally submitted the Notice against you.

A description of the content or material that has been removed or to which access has been disabled and the location at which the content or material appeared before it was removed or access to it was disabled. The best way to provide this information is to describe the content or material and provide the URL where the allegedly infringing content or material was located prior to being removed or to which access was disabled.

A statement, made under penalty of perjury, that you have a good-faith belief that the content or material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

A statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provide in the Counter-Notice is located, or if the address you provide is outside of the United States, the Federal District Court of the District of Hawaii, and that you will accept service of process from the person or entity who provided Notice to PORTFOLIO or an agent of such person or entity.

Your electronic or physical signature.

Delivery of Notices and Counter-Notices

Notices and Counter-Notices may be sent to PORTFOLIO Designated Agent via email to admin@portfoliohawaii.com or via mail to:

PORTFOLIO
Attn: Legal Department (DMCA Designated Agent)
4348 Waialae Avenue #960
Honolulu, HI 96816

Only DMCA Notices and Counter-Notices should be sent to PORTFOLIO’s DMCA Designated Agent.

PORTFOLIO Procedure

When PORTFOLIO receives a Notice, PORTFOLIO will make a good-faith effort to forward the Notice to the person reasonably believed to be responsible for posting the allegedly infringing content or material. PORTFOLIO will use the information in the Notice to determine whether to remove or disable the allegedly infringing content or material. If a Notice is incomplete, PORTFOLIO is under no obligation to act. When PORTFOLIO receives a Counter-Notice, PORTFOLIO will forward the Counter-Notice to the person or entity that submitted the original Notice. If PORTFOLIO does not receive notice of an action seeking a court order to restrain the allegedly infringing material within ten (10) business days of receiving a Counter-Notice, PORTFOLIO may, in its sole discretion, reinstate the removed or disabled content or material. If PORTFOLIO chooses to do so, PORTFOLIO will do so within ten (10) and fourteen (14) business days of receiving a Counter-Notice. In some cases, PORTFOLIO will not be able to reinstate removed or disabled content or material due to technical limitations. In such instances, PORTFOLIO may choose to notify the person that filed the Counter-Notice that he or she may repost the content or material at his or her discretion.

PORTFOLIO is not an IP tribunal and has no obligation to adjudicate claims of infringement and is not responsible for determining the merits of such claims. The parties submitting Notices and Counter-Notices are encouraged to settle any disagreements amongst themselves. PORTFOLIO may, in its sole discretion, use the information provided in Notices and Counter-Notices to determine whether to remove or disable content or material.

Nothing herein is intended to constitute legal advice.