Terms and Conditions of Use - Hawaii State Bar Association ("HSBA”) Website

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

HSBA presents the information on this website as a service to our members and other Internet users. While the information on this website is about legal issues, it is not legal advice. Due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no representations or warranties concerning the accuracy or reliability of the content on this site or other sites to which we link. Your use of this site does not create an attorney-client relationship or any other professional relationship whatsoever between you and any attorney or HSBA. Moreover, an attorney’s posting of any information on this website may waive applicable privileges, including the attorney-client and work product privileges. Your reliance on, and use of, the information contained in or linked from this website is solely at your own risk.

Unless expressly stated otherwise, views and opinions expressed on this website have not been approved by the HSBA and shall not be construed as representing HSBA's official policy.

NO WARRANTIES

This website and all information, software and other material available on or accessible from this website, are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, which are hereby expressly disclaimed.

HSBA is not responsible or liable for any loss or damage of any sort incurred as the result of your dealings with third parties, such as attorneys or advertisers, through this website, or as the result of the presence of attorneys or advertisers on this website.

HSBA does not warrant that this website’s services will be uninterrupted or error free, or that any information, software or other material available on or accessible through this website 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 malpractice, 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 website; 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 website, including without limitation, any damages resulting from viruses or other harmful components.

NO DAMAGES

Under no circumstances shall HSBA be liable for any direct, indirect, incidental, special, punitive, consequential or other damages that may result in any way from your use of or inability to use this website, or your reliance on (or use of) information, services or merchandise provided on or accessible through this website, or that result from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or transmission, or any failure of performance.


INDEMNIFICATION

You agree to defend, indemnify and hold HSBA harmless from any and all damages, claims, losses, liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees and costs, arising from your use of this website or related to any violation of these terms and conditions by you.

COPYRIGHT NOTICE, OWNERSHIP AND LICENSE

© Hawaii State Bar Association 2013

Except for information that is in the public domain, all right, title, and interest in and to the content displayed on this website belong to and are the exclusive property of HSBA, or its suppliers, and may not be copied, displayed, distributed, downloaded, linked, modified, posted, reproduced, republished, transmitted or otherwise used in any form or by any means without the prior written consent of HSBA.

HSBA grants you a nonexclusive, nontransferable, revocable and limited license to use this website only for your personal, educational, informational, and noncommercial purposes. All other rights are reserved by HSBA. .

SECURITY

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

INVESTIGATION

HSBA reserves the right in its exclusive discretion to investigate complaints or reports of any violation of this website’s terms and conditions 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. HSBA 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

HSBA reserves the exclusive right at any time, with or without notice, to amend, limit, modify, suspend, or terminate this website. HSBA may also delete or prevent access to, or use of, all related information and files. HSBA will not be liable to you or any third-party for any modification, suspension, or termination of this site, or the loss of related information.

MODIFICATION

HSBA may notify you by electronic mail, regular mail or posting notices or links to this website of any modifications to this website. HSBA may amend any policy or notice at any time by posting the amended policy or notice on this website. Your use of this website after such posting will constitute consent to any modified policies and/or notices.

SUBMISSIONS

If you submit any information to this website, you warrant that this information does not infringe upon the copyright or other rights of any third party, and does not constitute libel, slander or other objectionable content.

COPYRIGHT INFRINGEMENTS - DMCA TAKEDOWN NOTICES

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, HSBA 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.
HSBA’s Copyright Agent for notice of claims of copyright infringement on its site is info@hsba.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 HSBA's Copyright Agent.

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

 

Terms & Conditions