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Terms of Use (Ka’anapali Hillside)

  • General

    This website (the "Website") is hosted and operated by The Association of Apartment Owners of the Masters at Kaanapali Hillside, a Hawaii home owners association ("Masters"), and is provided solely for informational purposes with respect to the properties, services, and amenities available at the Masters and to directly provide owners with specific information regarding their properties and the Masters organizational activities. These terms of use (“Terms of Use”) describe the terms and conditions under which you, the user, are granted the right to use this Website. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. YOU REPRESENT you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use. Your use of this Website, even if you "bookmark" a portion of this Website and bypass the Terms of Use, is contingent on the foregoing agreement, and if you do not agree or you cannot act in accordance with the Terms of Use, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies on this Website, which are incorporated herein by reference, shall have the same force and effect as if you had actually signed an agreement embodying these Terms of Use.

    Use Limitations

    This Website is solely for your personal and non-commercial use. Except as expressly permitted in these Terms of Use, you shall not: (i) modify, copy, distribute, transmit, display, perform, or create derivative works from information or material available on this Website; (ii) decompile, reverse engineer the Website, or otherwise attempt to create the source code from the Website; (iii) exploit the Website in any unauthorized way whatsoever (including but not limited to, by automated access of the Website or trespass, overburdening, or impairing the Website and/or network capacity relating thereto); (iv) use this Website to engage in any unlawful activity; (v) infringe the rights of Masters or any third parties; or (vi) in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Website.

    Intellectual Property

    The Website and all or any aspect of the materials and content available on this Website, including, without limitation, text, documents, information, graphics, illustrations, domain names, trademarks, servicemarks, pictures, photographs, images, icons, logos, renditions and the “look and feel”, visual appearance, design and arrangement of this Website as a collective work and/or compilation (the “Content”) is owned or licensed by Masters and is protected by applicable federal and state intellectual property laws. No right relating to the Website or any other intellectual property of Masters or any third party attributed as the owner of certain Content is transferred to you as a result of your use of the Website. You may download and make a copy of the Website, its Content and other downloadable items displayed on this Website for your personal, noncommercial use only. In any such authorized copy, you shall preserve, display and give proper attribution to all copyright, trademarks, servicemarks and other notices appearing in the Content. Any use, reproduction or distribution of the Content or this Website (except as permitted herein) without the written permission of the Masters is expressly prohibited.

    DISCLAIMER OF WARRANTIES

    The information and other material published on this Website may contain typographical mistakes, inaccuracies, errors or omissions. The Masters does not REPRESENT, warrant or guarantee that any such information and other materials are accurate, complete, SUITABLE, reliable, current, error-free, OR THAT ANY VENDORS LISTED ON THE WEBSITE ARE SUITABLE AND APPROPRIATE. Neither MASTERS, nor ITS officers, directors, employees, CONTRACTORS, HOMEOWNERS, VENDORS, representatives, AND agents (Each, An “AFFILIATE”), shall be liable for ANY INFORMATION AND OTHER MATERIAL AVAILABLE ON the Website. The Masters reserveS the right to correct any typographical mistakes, inaccuracies, errors or omissions AND TO otherwise MAKE CHANGES TO ALL INFORMATION ON THIS WEBSITE, at any time without prior notice. information you deem important may be omitted. tHE MASTERS DOES NOT UNDERTAKE TO UPDATE ANY INFORMATION WHICH MAY AT ANY TIME NOT BE CURRENT.
    THE MASTERS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR FREE, OR THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, SECURITY INTRUSIONS OR OTHER HARMFUL COMPONENTS, AND THE MASTERS AND AFFILIATES, DISCLAIM ANY AND ALL LIABILITY RELATING THERETO. FURTHER YOU ACKNOWLEDGE THAT THE CONTINUED PROVISION OF THE WEBSITE RELIES, IN PART, UPON THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB, WHICH ARE BEYOND MASTER’S OR ITS AFFILIATE’S ABILITY TO CONTROL. YOU AGREE THAT FROM TIME TO TIME THE MASTERS MAY CHANGE, REMOVE, DISCONTINUE OR SUSPEND ALL OR ANY ASPECT OF THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
    YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND YOUR DECISION TO USE ANY VENDOR LISTED THEREON ARE AT YOUR SOLE RISK AND THAT THE WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE.” THE LISTING OF ANY VENDOR ON THE WEBSITE SHALL NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH VENDOR BY THE MASTERS, and is PROVIDED for your reference and convenience only. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MASTERS AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, INDEMNITIES AND GUARANTEES AS TO THE WEBSITE (INCLUDING ITS CONTENT), OR THE SERVICES OF ANY VENDORS LISTED THEREON, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

    LIMITATION OF LIABILITY

    IN NO CASE SHALL MASTERS, NOR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE, OR inability to use, THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR THE INFORMATION ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT, LOST PROFITS, BUSINESS INTERRUPTION, YOUR USE OF VENDORS LISTED ON THE WEBSITE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO SYSTEMS, DAMAGE TO PROPERTY, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THEIR POSSIBILITY.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES AND, THEREFORE, THOSE CERTAIN ASPECTS OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU OR YOU MAY HAVE ADDITIONAL RIGHTS THAN THOSE PROVIDED HEREIN. IN ANY STATES OR JURISDICTIONS WITH SUCH LIMITATIONS, MASTER’S AND/OR ITS AFFILIATE’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

    Property Disclaimers

    The property described or depicted herein are situated within the State of Hawaii, USA. The materials and information contained on this Website do not constitute an offer or a solicitation of an offer for the purchase, rental or sale of any properties of, or located at, the Masters. No information herein should be relied upon in making a decision to purchase, rent or sell property at the Masters. This Website does not broker or list specific Masters properties for purchase, rental or sale. Anyone wishing to purchase, rent or sell property at the Masters should consult with a qualified real estate professional, broker, attorney or other professional adviser (“Professional Adviser”) and should refer to any applicable sales contract, related offering documents and a copy of Masters Declaration of Condominium Property Regime, [by-laws and house rules]1, which you may obtain from such Professional Adviser, for important information about Masters properties.
    Indemnity
    You hereby agree to indemnify, defend and hold harmless Masters and its Affiliates from any and all claims, suits, actions, and investigations, and any costs, expenses, liabilities, damages, or losses (including reasonable attorneys' fees), the Masters and/or its Affiliates may incur arising from or related to your violation of the Terms of Use or your infringement of any intellectual property or other rights of Masters, its Affiliates or any other person or entity.

    Linking

    The Website may link to other Internet websites and resources operated by third parties. The inclusion of any link to such websites does not constitute an endorsement or recommendation by the Masters of such third-party websites, and is for your reference and convenience only. The Masters is not responsible for the availability of these websites, or their contents (including the accuracy thereof), and accordingly, you should direct any concerns regarding any such website to the administrator or webmaster of such third party website. Accessing third party website(s) is at your own risk and is subject to the terms of use of such third party website(s). The Masters has no control over such third party websites or their policies and expressly disclaims all responsibility or liability in connection therewith. No linking to this Website is permitted without the express written permission of the Masters.

    Dispute Resolution

    You agree that any dispute, controversy, claim or violation relating to the Website or arising under these Terms of Use shall be settled individually and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You irrevocably consent to the exclusive venue of such arbitral forum being in the State of Hawaii within Maui County, waive any objections thereto, and agree that any such arbitration proceedings shall be conducted confidentially. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate the Master’s intellectual property rights, the Masters may seek injunctive, equitable or other appropriate relief in any court of competent jurisdiction.

    Choice of Law

    This Website is hosted and operated by the Masters in the United States, pursuant to the applicable laws of the United States and the State of Hawaii, without regard to its principles of conflict of laws. We make no representation whatsoever that the materials or content on the Website are appropriate or available for use in locations outside of the United States (each, an “Other Jurisdiction”). Users located or otherwise accessing the Website from outside of the United States (each, a “Non-U.S. User”) do so on their own initiative and hereby (i) consent to the exclusive application of the laws of the United States and the State of Hawaii with respect to these Terms of Use; (ii) acknowledge and agree that the laws of any Other Jurisdiction shall not apply to these Terms of Use; and (iii) acknowledge and agree that Non-U.S. Users shall solely be responsible for complying with any applicable laws of such Other Jurisdictions in connection with their respective use or access to the Website.

    Termination; Changes to Terms of Use

    The Masters may terminate these Terms of Use with you and/or deny your access to the Website, at any time and for any reason, without prior notice to you. The Masters reserves the right to change these Terms of Use at any time, without prior notice to you, by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. If you use this Website after any changes in the Terms of Use, you agree to be bound by the changes.

    Usernames/Passwords/Confidential Information

    Certain areas of the Website require a username and password to access. If we issue a username and/or password to you, you agree to keep such username, password and any other documentation or information provided through such password-protected areas of the Website confidential and to not disclose the same to third parties other than Master property owners (each, a “Third Party”). The protection of your username, password and related documentation is your responsibility. If, notwithstanding the foregoing obligation, you allow a Third Party to use your username/password or to access such related documentation or information, you shall be responsible for making such Third Party aware of these Terms of Use and for such Third Party’s use of the Website in accordance therewith.

    Miscellaneous

    These Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, between the parties. Any provision herein which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. No failure or delay (in whole or in part) on the part of either party to exercise any right or remedy hereunder shall operate as a waiver thereof or affect any other right or remedy. The waiver of any provision of the Terms of Use will be effective only if in writing and signed by the party to be bound thereby. The waiver of a breach of any provision of these Terms of Use by a party shall not operate or be construed as a waiver of any subsequent breach. If you have any questions regarding these Terms of Use or the Website, you may contact us at the address located at The Masters at Kaanapali Hillside 50 Puu Anoano Street Lahaina HI 96761 or mastersoffice@themastersaoao.com.

    © 2010-2018 The Association of Apartment Owners of the Masters at Kaanapali Hillside. All rights reserved.
    These Terms of Use were last updated on January 29, 2018.