Terms Of Service

By accessing or using this website (this “Site’), you agree with Stott Real Estate, Inc., a Hawaii corporation, and its affiliates (collectively and individually referred to as “STOTT”) that you are legally bound by these Terms of Use.  If you do not wish to be bound by these Terms of Use, you must not access or use this Site.

STOTT reserves the right to modify or change these Terms of Use at any time, without prior notice to you.  Such modification or change shall be effective upon posting by STOTT on this Site.  You hereby agree that you are bound by any such modification or change to these Terms of Use if you use the Site after any such modification or change is posted.

These Terms of Use are applicable to your access or use of this Site, regardless of how you accessed this Site, including (without limitation) whether through the home page or otherwise.

Access to and use of this Site are subject to all applicable federal, State and local laws, rules and regulations.

PRIVACY POLICY

To review STOTT’s privacy policy, please visit  STOTT’s Privacy Policy

PROHIBITED USES OF THIS SITE

You may not use this Site to engage in any illegal activity, spamming or solicitation. You may not use this Site to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on a third party’s intellectual property or other proprietary rights. In the event you engage in activity that is illegal, defamatory, libelous, threatening, or harassing, STOTT reserves the right to disclose any information you provide through the use of this Site to law enforcement authorities as deemed appropriate in STOTT’s sole discretion. You agree that any information you provide through this Site will be truthful and accurate.  STOTT reserves the right to require that you change your User ID or answers to security questions if they are deemed inappropriate at STOTT’s sole discretion.  This Site is not to be used by children ages 13 or younger.

YOUR LIABILITIES

STOTT has the right to deny you access and use of this Site and all information on this Site, including all text, graphics, software, video, audio, photos and other content (collectively, “Content”) if you violate (as STOTT may determine in its sole and absolute discretion) any provision of these Terms of Use. STOTT reserves the right to seek all other remedies available at law and in equity.

You hereby agree, at your own expense, to defend, indemnify and hold STOTT harmless from any and all damages, claims, losses, liabilities, demands, costs, or expenses, including reasonable attorneys’ and experts’ fees, arising: out of your access to, or use of, this Site or any of its Content in a manner other than as expressly authorized by these Terms of Use; from your breach of these Terms of Use; or from your violation of any applicable laws, rules or regulations, or any rights of any third party.

SECURITY

STOTT cannot and does not guarantee the security of this Site against hackers or other security breaches.  Accordingly, your use of, and submission of any information to, this Site is solely at your own risk.

INVESTIGATION

STOTT reserves the right in its sole and absolute discretion to investigate complaints or reports of any violation of these Terms of Use, and to take any action it finds appropriate in response to any such complaints or reports, including the reporting of such violations to law enforcement or regulatory officials.  STOTT further reserves the right to provide such officials with any information collected in the course of its investigation, including without limitation individual profiles, electronic mail addresses, usage histories, posted materials, and Internet Protocol addresses.

TERMINATION AND SUSPENSION

These Terms of Use are effective until terminated by STOTT.  Your rights to access and use this Site shall terminate automatically, without notice, if you fail to comply with any of these Terms of Use.  Upon termination of these Terms of Use, you shall immediately cease to access and use this Site.  STOTT reserves the exclusive right in its sole and absolute discretion, at any time, with or without notice, to amend, limit, modify, suspend, or terminate this Site or the Terms of Use.  STOTT may also delete or prevent access to, or use of, all related information and files.  STOTT will not be liable to you or any third party for any modification, suspension, or termination of this Site, or the loss of any related information.

DISCLAIMER OF WARRANTIES

STOTT make no representations or warranties concerning the accuracy or reliability of the information on this Site or other sites to which this Site links. Your reliance on, and use of, the information contained in or linked from this Site is solely at your own risk.

Unless expressly stated otherwise, views and opinions expressed on this Site have not been approved by STOTT and shall not be construed as representing STOTT’s official policy.

ALL INFORMATION PRESENTED ON THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THIS SITE IS LINKED (“LINKED WEB SITE”), ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.  STOTT DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.

THE INFORMATION PROVIDED ON THIS SITE OR A LINKED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  STOTT SHALL NOT BE RESPONSIBLE OR LIABLE FOR SUCH INACCURACIES OR ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THIS SITE OR A LINKED WEB SITE IS UP TO DATE OR COMPLETE.  STOTT HAS NO OBLIGATION TO UPDATE ANY INFORMATION ON THIS SITE AND MAY CHANGE OR IMPROVE THIS SITE AT ANY TIME WITHOUT NOTICE.

STOTT does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through this Site by any party other than STOTT.

STOTT is not responsible or liable for any loss or damage of any kind incurred as the result of your dealings with third parties through this Site.

STOTT does not warrant that this Site’s services will be uninterrupted or error free, or that any information, software or other material available on or accessible through this Site will be free of viruses, worms, Trojan horses or other harmful components. You hereby assume all risks of claims for damages, including without limitation, damages (1) for any negligence and other claims that may arise from use of, or reliance upon (either directly or indirectly) any advice or information provided on or through this Site; and (2) for any damage to your computer system or loss of data that may arise from use of, or obtaining any Content from, this Site, including without limitation, any damages resulting from viruses or other harmful components.

Your use of this Site and any Linked Web Sites is entirely at your own risk.

LIMITATION OF LIABILITIES

IN NO EVENT WILL STOTT, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED STOTT ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, INABILITY TO USE, OR CONTENT OF THIS SITE OR ANY LINKED WEB SITE, WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW, EQUITY OR OTHERWISE.

THIS LIMITATION OF LIABILITY APPLIES UNDER ALL CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, TRANSMISSION OF VIRUSES THAT INFECT A USER’S EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.

YOU AGREE THAT THIS LIMITATION OF LIABILITIES DOES NOT CAUSE THE REMEDIES PROVIDED BY THESE TERMS OF USE TO FAIL OF THEIR ESSENTIAL PURPOSE.

PASSWORD REGISTRATION

Access to some portions of this Site (the “password restricted portions”) is restricted and requires a user identification code (“User ID”) and a password for access. Do not share your User ID or password with anyone.  If you suspect that any unauthorized access or use of the password restricted portions of this Site has occurred, please contact STOTT immediately.  STOTT will not be responsible or liable for any damages, losses, claims, liabilities, costs, expenses or demands if you do not properly secure your User ID and password, or if you share your User ID or password with anyone.  Unauthorized access or use of password restricted portions of this Site is strictly prohibited.  Actual or attempted unauthorized access or use of these password restricted portions may result in criminal prosecution.  Attempts to access password restricted portions of this Site may be monitored and recorded, and any information obtained may be provided to law enforcement organizations.

By accessing the password restricted portions of this Site, you agree that:

  •    STOTT is entitled to act on instructions received under your User ID and password.
  •   STOTT is not liable for any unauthorized access to your personal information.
  •   You will keep your User ID and password confidential and you will notify STOTT immediately if you believe someone else has obtained your User ID and password, or any unauthorized access to the password restricted portions of this Site has occurred or may occur.
  •   STOTT may block access to the password restricted portions of this Site without prior notice if STOTT believes your User ID and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.

OTHER AGREEMENTS WITH STOTT

These Terms of Use are in addition to any other agreements between you and STOTT.  For more complete descriptions of the terms, conditions and exclusions of STOTT’s products or services, please refer to the particular policy or contract. Only a or contract can provide actual terms, conditions, limitations and exclusions.  

 

COPYRIGHT NOTICE

© STOTT 2016.  All rights reserved.

COPYRIGHT POLICY

All Content and all rights in the pages and the screens displaying the pages, is owned by STOTT or its affiliates or suppliers, and is protected by copyright under United States and foreign laws. You may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of or use any aspect of this Site or its Content for commercial or public purposes or on any other web site or in a networked computer environment or engage in any other redistribution or republication of the Content.

TRADEMARKS

STOTT’s logo and the designation “STOTT” are registered trademarks of STOTT.   Other trademarks, service marks, trade names, logos, URLs, domain names and icons (“Marks”) appearing on this Site, whether registered or not, are owned by STOTT or its suppliers. You may not use any of the Marks without the express written permission of STOTT or the third party owners of such Marks.

Except as expressly provided above, no portion of the Site, its Content, or any copyright, trademark, trade name, service mark or any other proprietary information of STOTT (collectively, the “Intellectual Property”) displayed on the Site or included in any of the Content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of STOTT.  Use of any of STOTT’s trademarks as metatags on any Web site is strictly prohibited. You may not Co-Brand this Site or display this Site in frames (or any of the Content via on-line links) without prior written permission from STOTT. “Co-brand” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of STOTT in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute the Site or any of its Content. You agree to cooperate with STOTT in causing any unauthorized Co-Branding, framing or linking to immediately cease.  You agree that you shall not, at any time (including in the event of a dispute with STOTT) challenge, or assist or encourage others to challenge, the validity or enforceability of the non-patent rights to the Intellectual Property, or the ownership thereof by STOTT and its suppliers.

SUBMISSIONS

Other than bank account, credit card and certain personally identifiable consumer information, all information that you submit to STOTT via this Site shall be deemed and remain the property of STOTT. STOTT shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information you may provide through this Site. STOTT shall not be subject to any obligations regarding such information except as expressly indicated with respect to personally identifiable consumer information in any consumer Privacy Statement(s) contained within this Site; agreed to by STOTT; or otherwise specifically agreed to in a separate writing or required by law. You shall not provide any information or material through this Site or otherwise that is defamatory, inaccurate, false, misleading, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.

INJUNCTIVE RELIEF

You agree that STOTT would suffer irreparable harm if these Terms of Use were not specifically enforced, and that STOTT shall be entitled, without bond or other security, to seek appropriate equitable remedies for actual or threatened violations of these Terms of Use, and the public interest would not be disserved by such equitable remedies.

NO THIRD PARTY BENEFICIARIES

You agree that there are no third party beneficiaries of these Terms of Use, or any other third parties entitled to enforce these Terms of Use.

INTERNATIONAL USERS AND CHOICE OF LAW

This Site is controlled and operated by STOTT from offices within the United States of America. STOTT makes no representation that materials at this Site are appropriate or available for use at other sites outside of the United States, or that access to their content from all territories is legal. You may not use this Site or export any Content in violation of U.S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. These Terms of Use are governed by the laws of the United States and of the State of Hawaii, without giving effect to its conflict of laws provisions. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use, nor to any dispute or transaction arising hereunder or in connection herewith. This Agreement constitutes the entire agreement between you and STOTT with respect to your use of this Site. The courts of the State of Hawaii, and the United States District Court for the District of Hawaii, and no other courts, shall have exclusive original jurisdiction over all disputes relating to these Terms of Use, and you hereby irrevocably consent to such jurisdiction, and waive venue in any other jurisdiction to which you may be entitled, whether by domicile or otherwise.

COPYRIGHT INFRINGEMENTS – DMCA TAKEDOWN NOTICES

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide STOTT the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the website;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with STOTT.

You may want to seek independent legal counsel before filing a notification or counter-notification