Terms of Use

Terms of Use

This web page represents the Terms of Use (“Agreement”) regarding our Web site, www.mylandhawaii.com (“Web site”). It was last posted on March 24, 2015. The terms, “Our”, “We”, or “Us” as used in this Agreement refer to Myland Hawaii Realty, Ltd.  The terms “Owner”, “Tenant”, “Client”, “User”, “Your”, or “You” refer to visitors of Our web site.

We may amend this Agreement at any time by posting the amended terms on Our Web site.  By using this Web site, you are agreeing to be bound by the then current version of these Terms of Use.  We may or may not post notices on the homepage of Our Web site when such changes occur.

We refer to this Agreement, Our Privacy Policy, and any other terms, rules, or guidelines on Our Web site collectively as Our “Legal Terms”. You explicitly and implicitly agree to be bound by Our Legal Terms each time You access Our Web site.  If You do not wish to be bound by our Legal Terms, please do not use or access Our Web site.

Limited License

Myland Hawaii grants You a non-exclusive, non-transferable, revocable license to access and use Our Web site in order for You to research or collect information on Hawaii real estate; as an Owner, track Your owned real estate availability, bookings, income, expenses and related services; as a Tenant, check availability of various types of accommodations, determine what amenities and features any accommodation has, make online reservations, receive confirmation and other information through our Web site, strictly in accordance with our Legal Terms.  You may not (i) modify or copy the materials; (ii) use the materials for any commercial purpose, or for any public display, (iii) remove any copyright or other proprietary notations from the materials; or (iv) transfer the materials to another person or “mirror” the materials on any other server.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Web site are copyrights, trademarks, service marks, and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Myland Hawaii. Our Web site as a whole is protected by copyright laws. Nothing on Our Web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on Our Web site, without the prior written permission of the Intellectual Property owner.  Myland Hawaii aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Myland Hawaii, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without prior, written permission from Myland Hawaii. Myland Hawaii prohibits use of any logo of Myland Hawaii or any of its affiliates as part of a link to or from any Web site unless Myland Hawaii approves such link in advance and in writing. Fair use of Myland Hawaii’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Web site may be the Intellectual Property of their respective owners.

Links to Third-Party Web sites

Our Web site may contain links to Web sites owned or operated by parties other than Myland Hawaii. Such links are provided for Your reference only. Myland Hawaii does not monitor or control outside Web sites and is not responsible for their content. Myland Hawaii’s inclusion of links to an outside Web site does not imply any endorsement of the material on Our Web site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Myland Hawaii’s inclusion of the links imply that Myland Hawaii is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Web site.

Content Disclaimer

Material appearing on our Web site could include technical, typographical, or photographic errors.  Updates to such material are made at such times as Myland Hawaii determines in its discretion. Even though We do Our best to keep the Web site available with its most current information, You should not rely upon such information contained on Our Web site to be updated or otherwise contains the most current information. Myland Hawaii does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. The information and materials in Our Web site are provided for Your review in accordance with the notices, terms and conditions set forth herein.  These materials are not guaranteed or represented to be complete, correct or up-to-date.  These materials may be changed from time to time without notice.

No Warranties; Exclusion of Liability; Indemnification

Our web site is operated by Myland Hawaii on an “AS IS”, “AS AVAILABLE” basis, without representations or warranties, expressed or implied, of any kind.  To the fullest extent permitted by law, Myland Hawaii specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement for Our Web site and any accommodation rentals and/or services You reserve or purchase through it.  Myland Hawaii shall not have any liability or responsibility for any errors or omissions in the content of Our Web site, for accommodation rentals and/or services offered and/or sold through Our Web site, for Your action or inaction in connection with Our Web site or for any damage to Your computer or data or any other damage You may incur in connection with Our Web site. Your use of Our Web site and any accommodation rentals or services are at Your own risk.  In no event shall either Myland Hawaii or their agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of Our Web site, accommodation rental and services purchased through Our Web site, the delay or inability to use Our Web site or otherwise arising in connection with Our Web site, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.  In no event shall Myland Hawaii’ liability for any damage claim exceed the amount paid by You to Myland Hawaii for the transaction giving rise to such damage claim.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to You.

Without limiting the foregoing, Myland Hawaii does not represent or warrant that the information on the Web site is accurate, complete, reliable, useful, timely or current or that Our Web site will operate without interruption or error.

Myland Hawaii and their respective affiliates make no representation or guarantees about any accommodation rentals and services offered through Our Web site.

Myland Hawaii makes no representation that content provided on Our Web site, accommodation rentals, or related services are applicable or appropriate for use in all jurisdictions.

Indemnification

You agree to defend, indemnify and hold Myland Hawaii harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Web site or any Accommodation Rentals or Services you purchase through it.