Terms and Conditions
As of April 15, 2025
Introduction
By creating an account with Hawaii Financial Community (“HFC”), you agree to these Terms and Conditions (“TAC”). You acknowledge and agree that HFC is a private website owned and operated by us, Hawaii Financial Community, General Partnership, registered in the State of Hawaii, USA. You acknowledge and agree that you are of sufficient age and capacity to use HFC and be bound by the TAC. If you are accessing or using HFC on behalf of a business, you represent and warrant to us that you have authority to accept the TAC on behalf of that business and that that business agrees to the TAC. If you do not agree to the TAC, you are not authorized to use HFC. We may modify the TAC at any time at our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use HFC. Our privacy and policy (hawaiificom.org/privacy-policy/) and all other policies, site rules, and agreements referenced below or on HFC, are fully incorporated into this TAC, and you agree to them as well.
Intellectual Property
The logos and slogans are trademarks and all text is copyright of Hawaii Financial Community. We reserve all rights.
License
If you agree to the TAC and use HFC, we grant you a limited, revocable, non-exclusive, non-assignable license to use HFC in compliance with the TAC; unlicensed use is unauthorized. You agree not to display, frame content, make derivative works, distribute, license, or sell, content from HFC, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
User Conduct
You agree not to use software or services that interact or interoperate with HFC, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect HFC content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings, communications, or accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of HFC’s policies or any content that is considered by us, at our sole discretion, to be misleading, inappropriate, offensive, obscene, violent, dangerous, or illegal. You agree not to abuse HFC’s flagging or reporting processes. You agree not to collect HFC user information or interfere with HFC. You agree we may moderate HFC access/use at our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. You agree not to rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make HFC available. You agree not to circumvent any functionality that controls access to or otherwise protects HFC. You agree not to use HFC in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
Fees
Our current fees, payment schedules, and refund policies are provided on our fees page (hawaiificom.org/listing-fees/). When you create a paid listing, you authorize us to charge your account, including additional tax. Fees are non-refundable, even for listings we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting at any time at our sole discretion.
Termination
Breach of the above conditions of User Conduct, or non-payment of Fees may result in account termination.
Indemnification
To the full extent permitted by law, Hawaii Financial Community and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“HFC Entities”) (1) make no promises, warranties, or representations as to HFC, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide HFC on an “AS IS” and “AS AVAILABLE” basis and any risk of using HFC is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with HFC. HFC Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to HFC, and in no event shall such liability exceed the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
Governing Law
Any claim, cause of action, demand, or dispute arising from or related to HFC (“Claims”) will be governed by the internal laws of Hawaii, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Hawaii (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Hawaii; (2) indemnify and hold HFC Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of HFC; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.