Terms of Usage and User Agreement
Scope
In order to visit or purchase from 1MauiRealEstate.com (“1MauiRealEstate”), you must read and accept all of the terms in this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that the User Agreement and Privacy Policy will apply whenever you use 1MauiRealEstate sites or services, or when you use the tools we make available to interact with 1MauiRealEstate sites and services.
Using 1MauiRealEstate
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 1MauiRealEstate does not sell products to minors. 1MauiRealEstate reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
License And Site Access
1MauiRealEstate grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of 1MauiRealEstate.
- This license does not include any resale or commercial use of this site or its contents;
- any collection and use of any product listings, descriptions, or prices;
- any derivative use of this site or its contents;
- any downloading or copying of account information;
- or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 1MauiRealEstate. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 1MauiRealEstate without express written consent. You may not use any meta tags or any other “hidden text” utilizing 1MauiRealEstate’ name or trademarks without the express written consent of 1MauiRealEstate. Any unauthorized use terminates the permission or license granted by 1MauiRealEstate. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of 1MauiRealEstate so long as the link does not portray 1MauiRealEstate, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any 1MauiRealEstate logo or other proprietary graphic or trademark as part of the link without express written permission.
While using 1MauiRealEstate sites, services and tools, you will not:
- use our sites services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
- fail to deliver payment for items purchased by you;
- circumvent or manipulate our fee structure, the billing process, or fees owed to 1MauiRealEstate;
- distribute viruses or any other technologies that may harm 1MauiRealEstate, or the interests or property of 1MauiRealEstate users;
- copy, modify or distribute rights or content from the 1MauiRealEstate sites, service or tools or 1MauiRealEstate’ copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the 1MauiRealEstate Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the 1MauiRealEstate Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on 1MauiRealEstate’ national registered agent (in the case of 1MauiRealEstate) or to the email address you provide to 1MauiRealEstate during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and 1MauiRealEstate, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and 1MauiRealEstate agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution of any dispute. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Applicable Law
By visiting 1MauiRealEstate, you agree that the laws of the state of Hawaii, without regard to principles of conflict of laws, will govern these conditions of Use and any dispute of any sort that might arise between you and 1MauiRealEstate.
Disputes
Any dispute relating in any way to your visit to 1MauiRealEstate or to products or services sold or distributed by 1MauiRealEstate in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Honolulu, Hawaii, and you consent to exclusive jurisdiction and venue in such courts.
General
1MauiRealEstate.com is an operating subsidiary of TopShelf Real Estate Data, LLC. TopShelf Real Estate Data, LLC is located at PMB 6888 PO Box 959, Hawaii 96753. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the 1MauiRealEstate Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.
