Terms of Use Policy

Please read these privacy and terms and conditions of use carefully before using this site as it explains the conditions under which you, the website visitor (hereinafter "You" or "visitor"), may use this site. The content is owned, operated and administered by or licensed to Waikoloa Hills AOAO (hereinafter referred to as "WH AOAO"). By using this site, You agree to be bound by all of the Terms and Conditions set forth below.

If You do not accept these Terms and Conditions, please do not use this site. WH AOAO may revise and update these Terms and Conditions at any time at its sole discretion. Your continued usage of the WH AOAO site will mean You accept these Terms and Conditions. WH AOAO shall not be liable for any damages or injury resulting from Your access to, inability to access, or use of this site, including, without limitation, any damages or injury arising from any links to other sites contained within or referred to in this site. You must be a Waikoloa Hills resident in order to obtain WH AOAO management files.

Website disclaimer

The information contained in this website is for general information purposes only. The information is provided by WH AOAO and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of the WH AOAO. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, WH AOAO takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Privacy

WH AOAO does not collect identifying information about You (such as Your name, address, telephone number, or email address) unless You voluntarily submit that information to us through registering for access or updating your WH AOAO contact information, or other means. Any information You do submit to us is treated as confidential and is not sold or otherwise disclosed to third parties. To protect Your privacy, You agree that when and if You register for full site access and in the process decide to make Your profile public that you will not provide any information that You deem sensitive or confidential. Uploading media of other people without their permission (or if a minor, his/her parent/legal guardian) is strictly prohibited. When You visit the site, WH AOAO may automatically collect certain non-identifying information about You, such as the type of browser or computer operating system You use or the domain name of the site from which You linked to us. View our "Privacy Policy" for more information

Contact Us

The "Contact Us" page is the primary means for a website visitor to communicate with the WH AOAO Board of Directors. Website visitors may also use this page and the email the WebMaster to ask general questions about the Website or content, submit notification of broken links, communicate privacy concerns, and/or submit praise and/or complaints. All comments are reviewed by the WH AOAO web management staff who handle all content-related issues and will use these comments to improve the site. We do read all emails and try to answer them in a timely manner, but are not always able to do so. All technical and operational issues are forwarded to the Webmaster for handling.

Newsletters

The email addresses of individuals who opt-in to our newsletter programs are used only for delivering our newsletters. These email addresses are not typically viewed unless the database/contact list is experiencing some problem. Email addresses may be removed from our list by the WebMaster or replying to the newsletter and request removal.

User Submissions

WH AOAO welcomes Your comments on its site and content. However, You acknowledge that if You send us creative suggestions, ideas, notes, drawings, concepts, inventions, or other information (collectively, the "Information"), the Information shall be deemed non-confidential for all purposes and shall remain the property of WH AOAO. By submission of any Information to us, You automatically grant - or warrant that the owner of such content or intellectual property has expressly granted - WH AOAO website a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

Visitors to this site are responsible for their own communications and are responsible for the consequences of their posting. Therefore, WH AOAO requests that You do not do any of the following: transmit to us copyrighted material unless You are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless You own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.

For users who violate these terms or the law, WH AOAO reserves the right to expel them and prevent their further access to this site. WH AOAO further reserves the right to remove any communications from this site. The violation of any of the terms and conditions set forth on this Terms and Conditions page shall result in the immediate revocation of Your right to use the content and obligates You to immediately destroy any copies of the content in Your possession.

User Submissions - image, video, audio files

You agree to upload or post only Media (photos, videos, or audio) that You have taken or created Yourself and that You have all rights to transmit and license and that do not violate trademark, copyright, privacy or any other rights of any other person. Media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, is strictly prohibited. Do not submit any media that contains Personally identifiable information of You or anyone else.

By uploading any media like a photo or video,

(a) You grant WH AOAO a perpetual, non-exclusive worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and

(b) You certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes WH AOAO to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and

(c) You agree to indemnify WH AOAO and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, included attorneys' fees, arising from the media and/or Your failure to comply with these the terms described in this document.

WH AOAO does not accept unsolicited materials. Do not use this website or the contact information on this website for the purpose of sending unsolicited manuscripts, photographs, videotapes, audio recordings, or other concepts to WH AOAO.

Links

The WH AOAO site contains links to other websites owned by third parties. These links appear as resources associated with individual articles. These resources are listed on a separate page and users are cautioned that clicking links to listed resources will take them off of the WH AOAO site. These links are provided solely as a convenience to You and are not an endorsement by WH AOAO of the contents of those other sites. WH AOAO is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this site, You do so at Your own risk.

Emails Claiming to Be From WH AOAO

Occasionally scam artists use a method called "phishing" in which mass emailers may send messages claiming to be from WH AOAO. These fraudulent emails may use our name, logo, or email addresses in an attempt to obtain valuable information from consumers and businesses. These con artists know that people trust WH AOAO and may use our name or that of some other well-known individual or organization to trick people into believing that they are dealing with a legitimate request for personal information. These fraudulent emails often pretend to need information quickly to trick the recipient into taking action. If You get that sort of email and it appears to be from WH AOAO, You should assume that it is fraudulent and avoid clicking any link within the email. We would appreciate hearing from You if this happens by forwarding such messages to the WebMaster.

WH AOAO may send out emails asking for resident detailed personal information to update its contact list. These emails will be clearly addressed to You and will contain Your Name, Home Address and other personal information You previously provided. If you receive any emails claiming to be from the WH AOAO asking for "immediate" information or sent to "undisclosed-recipients" and asking for your information you should consider those emails as fraudulent and forward such messages to the WebMaster.

Disclaimer of Warranties

WH AOAO does not warrant that the site will operate error-free or that the site or its server are free of computer viruses or other harmful material. If Your use of the site or the site's material results in the need for servicing or replacing of equipment or data, WH AOAO shall not be responsible for those costs. This site and its material are provided on an "as is" basis without any warranties of any kind. WH AOAO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Use of Site Material

All content including, but not limited to text, graphics, images, and other content (the "Content") are owned by or licensed to WH AOAO and are protected by copyright under both United States and foreign laws. If You violate any of these Terms and Conditions, Your permission to use the Content automatically terminates and You must destroy any copies You have made of any portion of the Content. You agree to retain all copyright and other proprietary notices contained in the original Content on any copy you make of such material. Use of the Content on any other website or in a networked environment is prohibited.

Miscellaneous

This site is based in the United States and its Content originates there. These Terms and Conditions are governed by the substantive laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of Delaware with respect to any dispute, disagreement, or cause of action related to or involving this site. If any provision 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 any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in this site, these Terms and Conditions constitute the entire agreement between You and WH AOAO with respect to Your use of this site.