TERMS OF USE

Last Updated October 25, 2021

Hoopili Community Association provides these Terms of Use, which describe the use of this website (this “Website”), our mobile sites, applications and mobile interactive features (“Mobile Applications”), if any, our social media pages (“Social Media Pages”), if any, and in connection with email messages we may send to you.  This Website, our Mobile Applications and our Social Media Pages are collectively referred to in these Terms of Use as our “Sites.” As used herein, the words “user,” “you,” and “your” mean users of this Website or our other Sites.

By accessing or using our Sites, you agree to the provisions of these Terms of Use.

OWNERSHIP AND USE OF CONTENT.

The Sites and their contents are owned by Hoopili Community Association or used under license or with permission from others with all rights reserved. The reproduction, re-creation, retransmission or other use of any of the material on the Sites, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites without the express prior written permission of Hoopili Community Association is expressly prohibited; provided, however, that you may print in hard copy portions of the Sites for your personal use.

LINKS TO OTHER WEBSITES.

We may provide links from our Sites, through advertisements or otherwise, to other websites, or applications including various social media platforms. Those websites, applications and social media platforms have their own privacy policies and practices. These Terms of Use do not address, and we are not responsible for, their content, privacy policies or practices or security and safeguarding practices. The inclusion of a link on any of our Sites does not imply endorsement of the linked website or application by us or any of our affiliates. We are not responsible for the collection, usage or sharing practices or policies of other companies or platforms including Facebook, Twitter, Instagram, Google, or Adobe, to mention just a few. Please visit those websites to review their privacy policies and practices.

LAW AND JURISDICTION.

These Terms of Use shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Hawaii, without resort to its choice of law provisions and case law, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions. If any provision of these Terms of Use is determined to be invalid, unlawful, void or otherwise not enforceable, you agree that the remaining provisions of these Terms of Use will remain in full force and effect. By accessing our Sites, or using information on our Sites, you submit to the exclusive jurisdiction of the state courts in the First Circuit of the State of Hawaii, or the United States Federal District Court, District of Hawaii, to resolve disputes of any kind arising out of your reliance on the information on a Site, or any interaction with Hoopili Community Association involving a Site. Any claim you have with respect to a Site must be brought within two years and one day after the claim arises.

 

IF THERE IS A CONFLICT BETWEEN THE LAW IN YOUR USUAL PLACE OF RESIDENCE AND THESE TERMS OF USE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW MAY PREVAIL.

SUCCESSORS AND TERMINATION.

These Terms of Use shall be binding upon and inure to the benefit of Hoopili Community Association and you and its and your respective heirs, representatives, successors and assigns. These Terms of Use shall remain in force and effect until terminated by Hoopili Community Association. In the event of termination of these Terms of Use, restrictions imposed upon you by these Terms of Use, including all disclaimers, waivers, releases and limitations of liability, shall survive.

CHANGES TO TERMS OF USE AND WAIVER.

Hoopili Community Association reserves the right to change these Terms of Use from time to time. Hoopili Community Association will notify you of changes to these Terms of Use by updating them on this Website and setting forth the date on which the update was made. We encourage you to retain a copy of these Terms of Use and periodically to check this Website for updates. Your use of our Sites indicates your acceptance of the latest version of these Terms of Use.

No waiver of any provision in these Terms of Use shall be effective unless made in writing signed by Hoopili Community Association and shall not prevent any subsequent enforcement of these Terms of Use.

PRIVACY POLICY.

To view our Privacy Policy, please go to our Privacy Policy.

CONTACTING US.

If you have any questions about our Terms of Use, you may contact us at: Hoopili Community Association, c/o Hawaiiana Management Company, Limited, 711 Kapiolani Blvd., Suite 700, Honolulu, HI  96813.

EFFECTIVE DATE.

These Terms of Use were effective as of the date of the last update as set forth at the top of these Terms of Use.