By using the Website, you agree that you have read, understand, and are bound by these Terms and Conditions. HCF may, in its sole discretion, revise these Terms and Conditions from time to time by updating the Terms and Conditions, with the new terms taking effect on the date of posting. You should review the Terms and Conditions every time you use this Website as they are binding on you. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
Personal and Noncommercial Use
The Website is only for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to HCF that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE WEBSITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Limitation of Liability
IN NO EVENT SHALL HCF OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HCF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HCF SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
You agree to defend, indemnify and hold HCF, its officers, directors, employees and agents, sponsors and supporting artists, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, related to or arising out of: the content, use of the Website or related sites, any assistance or services provided by us, any alleged unauthorized use of the Website, or your use of the Website in a manner that violates or is alleged to violate these Terms and Conditions. HCF will provide you with prompt notice of any such claim, suit or proceeding and reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Among the links that the Website may provide are links to certain services offered by third party providers, not by HCF. Services offered to you by the third party providers are subject to the terms and conditions posted on those parties’ respective websites. HCF is not responsible for any of the activities of any third party provider in offering online services or for any conduct by any user in connection with third party services.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. HCF reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Website or any of its content or copy portions of the HCF Website to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within HCF must be displayed in full (including all trademarks and branding), without any accompanying frame, border, margin, design, branding, trademark or promotional materials not originally displayed on the page within the Website.
Hawaii Community Foundation and its licensors retain full copyright ownership, rights and protection in all material contained on the Website (including all digital images, software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Website without the prior consent of HCF or the copyright owner.
All content of the Website is Copyright 2010 Hawaii Community Foundation. All rights reserved.
By using or accessing HCF’s Website, including but not limited to the Consultant Listing, Nonprofit Event Planner, Scholarship Seekers and NetCommunity sections, you represent, warrant and agree that you will not:
- do anything that could disable, overburden or impair the proper working of the Website;
- use any robot, spider, scraper or other automated means to access the Website;
- send spam or any other unauthorized advertisements or solicitations through or using the Website;
- harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Website;
- solicit private information (including social security numbers, credit card numbers and passwords) from users of the Website;
- use an iFrame or offer web search functionality on the Website;
- intimidate or harass any user;
- do anything that is illegal, infringing, fraudulent, malicious or could expose HCF or users of the Website to harm or liability; or
- attempt, encourage or facilitate any of the above.
By using or accessing the HCF Website, including but not limited to the Consultant Listing, Nonprofit Event Planner, Scholarship Seekers and NetCommunity sections, you represent, warrant and agree that you will not Post:
- content that violates the law or anyone’s rights, including intellectual property (“IP”) rights or other proprietary rights (such as rights of publicity and privacy);
- any addresses, phone numbers or email addresses or other contact information or private information of any third party;
- false, misleading or fraudulent information;
- any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
- alcohol-related or other mature content on the Website; or
- content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that HCF may consider offensive.
"User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the Website, including but not limited to the Consultant Listing, Nonprofit Event Planner, Scholarship Seekers and NetCommunity sections. “Post” means to upload, post, transmit, share, store, link to or otherwise make available on or through the Website.
Right to Remove Content or Block Access
Third Party Content
HCF may provide content of third parties ("Third Party Content") as a service to those interested in this information. HCF generally does not monitor, approve or have any control over any Third Party Content. HCF does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. HCF is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
Corporate Identification and Trademarks
All trademarks, service marks and trade names of HCF and its partners and licensors used herein (including without limitation: HCF, the HCF logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of HCF or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without HCF’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.
HCF may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail if you are donor to, or advisor regarding, a fund administered by HCF.
You may give notice to HCF at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
Hawaii Community Foundation
827 Fort Street Mall
Honolulu, HI 96813
Attention: Legal Notice
Notice Regarding Copyright Agent
HCF does not condone copyright infringement on its Website, and will remove allegedly infringing content if properly notified of the infringement. HCF reserves the right also to terminate a User's account, if the User is an infringer. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
HCF's designated copyright agent for notice of claims of copyright infringement on this Website is Kate Lloyd, who can be reached as follows:
Hawaii Community Foundation
827 Fort Street Mall
Honolulu, HI 96813
Notice Regarding Independent Professional Advice
Certain information available through the Website may relate to various laws. Such information should not be considered legal or financial advice. HCF is not acting as your lawyer or financial advisor. Donors should seek independent professional advice before finalizing a donation to HCF.
Notice Regarding Grant Policies
All funds contributed to HCF and income generated from those funds are assets of HCF. All investments of funds contributed to HCF must comply with the policies and practices established by HCF. In compliance with IRS regulations, HCF’s Board of Trustees retains the right to make final determinations with respect to distributions from funds contributed to HCF. All grants from funds administered by HCF must further HCF’s charitable purposes. IRS regulations prohibit grants from HCF’s funds to be used to pay dues for an individual’s membership in an organization, to discharge or satisfy a legally enforceable obligation or personal pledges, or for any other purpose from which the individual will receive any personal benefit.
You agree that HCF may terminate your use of the Website if HCF reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of HCF or any third party, or for any reason with or without notice to you. You agree that HCF may modify or discontinue the Website, with or without notice to you. You agree that HCF will not be liable to you or any third party as a result of such modification or discontinuation.
You expressly agree that exclusive jurisdiction for any dispute with HCF, or in any way relating to your use of the Website ("Legal Action"), resides in the courts of City & County of Honolulu in the State of Hawaii. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of City & County of Honolulu in the State of Hawaii in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the District of Hawaii.
These Terms and Conditions are governed by the internal substantive laws of the State of Hawaii, without regard to conflict of law principles.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.