Terms of Use

These Terms of Use (“Terms”) apply to all websites, text-based surveys, web-based surveys, mobile device platforms, applications, or other interactive services that include an authorized link to these Terms (all such websites, text-based surveys, web-based surveys, mobile device platforms, applications and other interactive services are referred to collectively as the “Platform”). The Platform is fully controlled and operated by Hawai‘i Data Collaborative, a Hawai‘i nonprofit corporation, which shall be referred to as “HDC,” “we,” “us” or “our”.

By accessing and using the Platform, you are hereby agreeing to be legally bound by these Terms. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the Terms periodically. Your continued use of the Platform following the posting of changes and/or modifications will constitute your acceptance of the revised Terms.

IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS, YOU MAY NOT USE OR VISIT THE PLATFORM.

PRIVACY POLICY

To review HDC’s privacy policy, please visit HDC’s Privacy Policy.

PROHIBITED USES OF THE PLATFORM

You may not use the Platform to engage in any illegal activity, spamming or solicitation. You may not use the Platform 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, HDC reserves the right to disclose any information you provide through the use of the Platform to law enforcement authorities as deemed appropriate in HDC’s sole discretion. You agree that any information you provide through the Platform will be truthful and accurate.  The Platform is not to be used by anyone under the age of 18.

YOUR LIABILITIES

HDC has the right to deny you access and use of the Platform and all information on the Platform, including all text, graphics, software, video, audio, photos, and other content (collectively, “Content”) if you violate (as HDC may determine in its sole and absolute discretion) any provision of these Terms. HDC 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 HDC 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, the Platform or any of its Content in a manner other than as expressly authorized by these Terms; from your breach of these Terms; or from your violation of any applicable laws, rules or regulations, or any rights of any third party.

SECURITY

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

INVESTIGATION

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

DISCLAIMER OF WARRANTIES

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

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

ALL INFORMATION PRESENTED ON THE PLATFORM 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, OR SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE PLATFORM IS LINKED (“LINKED WEB SITE”), ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.  EXCEPT TO THE EXTENT, IF ANY, SPECIFIED ELSEWHERE IN WRITING, HDC DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR, THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE PLATFORM OR A LINKED WEB SITE.

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

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

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

HDC does not warrant that the Platform’s services will be uninterrupted or error free, or that any information, software or other material available on or accessible through the Platform 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 the Platform; and (2) for any damage to your computer system or loss of data that may arise from use of, or obtaining any Content from, the Platform, including without limitation, any damages resulting from viruses or other harmful components.

Your use of the Platform is entirely at your own risk.

LIMITATION OF LIABILITIES

IN NO EVENT WILL HDC, 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 HDC 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 THE PLATFORM 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 TO FAIL OF THEIR ESSENTIAL PURPOSE.

OTHER AGREEMENTS WITH HDC

These Terms are in addition to any other agreements between you and HDC.  For more complete descriptions of the terms, conditions and exclusions of HDC’s products or services, please refer to the particular policy or contract. Additionally, in certain cases, references to HDC may include one or more affiliates of HDC; however, any particular product or service is the responsibility only of the specific HDC affiliate that issues or supplies such policy, product or service.

COPYRIGHT NOTICE

All rights reserved.

COPYRIGHT POLICY

All Content and all rights in the pages and the screens displaying the pages, is owned by HDC or its affiliates or suppliers, and is protected by copyright under United States and foreign laws. Appointed agents and brokers in good standing with HDC may use and reproduce copies of the Platform and its Content to conduct the authorized business of HDC.  If you are not an appointed agent or broker in good standing, you may refer to, cite or print and use the Content for your personal, non-commercial use, as long as your copies retain, complete and unaltered, all copyright, trademark and other proprietary notices that appear on the original screens. You may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of or use any aspect of the Platform 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

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

Except as expressly provided above, no portion of the Platform, its Content, or any copyright, trademark, trade name, service mark or any other proprietary information of HDC (collectively, the “Intellectual Property”) displayed on the Platform 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 HDC.  Use of any of HDC’s trademarks as metatags on any website is strictly prohibited. You may not Co-Brand the Platform or display the Platform in frames (or any of the Content via on-line links) without prior written permission from HDC. “Co-brand” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of HDC 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 Platform or any of its Content. You agree to cooperate with HDC 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 HDC) 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 HDC and its suppliers.

SUBMISSIONS

Other than mobile numbers and certain personally identifiable consumer information, all information that you submit to HDC via the Platform shall be deemed and remain the property of HDC.  HDC shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information you may provide through the Platform. HDC 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 the Platform; agreed to by HDC; or otherwise specifically agreed to in a separate writing or required by law. You shall not provide any information or material through the Platform 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 HDC would suffer irreparable harm if these Terms were not specifically enforced, and that HDC shall be entitled, without bond or other security, to seek appropriate equitable remedies for actual or threatened violations of these Terms, 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, or any other third parties entitled to enforce these Terms.

INTERNATIONAL USERS AND CHOICE OF LAW

The Platform is controlled and operated by HDC from offices within the United States of America. HDC makes no representation that materials at the Platform 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 the Platform or export any Content in violation of U.S. export laws and regulations. If you access the Platform from locations outside of the United States, you are responsible for compliance with all local laws. These Terms 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, nor to any dispute or transaction arising hereunder or in connection herewith. The courts of the State of Hawai`i, and the United States District Court for the District of Hawai`i, and no other courts, shall have exclusive original jurisdiction over all disputes relating to these Terms, 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

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, HDC has designated a Copyright Agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent 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.

HDC’s Copyright Agent for notice of claims of copyright infringement on the Platform is Adriann Gin, who can be reached at: 827 Fort Street Mall, 2nd Floor, Honolulu, HI, 96813; info@ohanapulse.org.

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 the HDC’s Copyright Agent.

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