Terms of Use
Access to and use of this website ("Kipuka") is provided as a public service by
The Office of Hawaiian Affairs ("OHA") subject to these terms and conditions.
Your access to Kipuka and/or use of any information from Kipuka constitutes your
acceptance of, and is conditional upon your continued acceptance of and compliance
with, the Terms of Use of Kipuka. Please read these Terms of Use carefully before
agreement and also note that these Terms of Use may change on occasion and it is
the users' responsibility to check for such changes/updates.
1. In return for OHA granting access to Kipuka, the person ("User") accessing Kipuka
agrees to and accepts these Terms of Use.
2. In no event will OHA, its officers, employees, or agents be liable for any losses
or damages that might arise from the use of Kipuka. OHA shall assume no liability
for any decisions made or actions taken or not taken by the User. The User of Kipuka
expressly agrees to hold harmless Kipuka, OHA, the State of Hawaiʻi, their officers, employees,
and agents, from and against all claims, demands, actions, payments, expenses, costs,
and suits (including any damages that are direct, indirect, special or consequential)
whether or not caused by the negligence of OHA, or its officials, employees or
agents, which arise or are incurred by OHA in relation to the User's use of Kipuka
or the User's breach of these Terms of Use.
3. The data found using Kipuka have been produced and processed from sources of
varying reliability, and as such, no warranty, expressed or implied, is made regarding
accuracy, adequacy, completeness, legality, reliability or usefulness of any information,
unless otherwise indicated. OHA provides this information on an "as is" basis. All
warranties of any kind, expressed or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose, freedom from contamination
by computer viruses and non-infringement of proprietary rights are disclaimed. Changes
may be periodically made to the information herein; these changes may or may not
be incorporated in any new version of Kipuka. It is recommended that careful attention
is paid to the contents of any data associated with a file, and that the originator
of the data or information be contacted with any questions regarding appropriate
use. If you find any errors or omissions, we encourage you to report them to OHA
by using kipukainfo@oha.org.
4. OHA assumes no obligation or liability for the use of Kipuka by any person and
makes no representations or promises regarding the completeness or accuracy of Kipuka
or its fitness for a particular purpose. Data within Kipuka may contain errors and
do not represent legal surveys or legal descriptions. Kipuka represents a one-time
capture of data as it exists at the time the data is transferred to Kipuka and does
not necessarily include the ongoing updates or corrections to the source databases
maintained by OHA or other agencies. Kipuka should not be used for navigational,
tracking, or any other purpose requiring exacting measurement of distance or direction.
5. The Information will be used only for the User's personal or internal business
purposes and the user must not resell, sub-license, or otherwise reproduce, publish
or disseminate the information for commercial purposes under any circumstances.
6. Kipuka may distribute content supplied by third parties and users. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, users, or others,
are those of the respective author(s) or distributor(s) and do not necessarily state
or reflect those of OHA and shall not be used for advertising or product endorsement
purposes. Reference herein to any specific commercial products, process, or service
by trade name, trademark, manufacturer, or otherwise, does not constitute or imply
its endorsement, recommendation, or favoring by OHA.
7. All rights, titles and interest (including all copyrights, patents, and other
intellectual property rights) in Kipuka remain vested with OHA at all times. OHA’s
original copyright and other proprietary notices included with Kipuka must remain
intact at all times.
8. Due to the dynamic nature of the Internet, the location of items may change as
menus, homepages, and files are reorganized. The User expressly agrees that use
of Kipuka is at the User’s sole risk. OHA does not warrant that the service will
be uninterrupted or error free. The graphics and related documents published on
this server could contain technical inaccuracies or typographical errors. Changes
are periodically added to the information herein. OHA and/or its respective programs
may make improvements and/or changes in the information and/or programs described
herein at any time.
9. As it relates to Kipuka and to the greatest extent permitted by law, all immunities
and privileges provided by Hawaii common law are applicable and fully reserved by
OHA.
10. These Terms of Use are governed by the laws of the State of Hawaii, United States.
If any part of these Terms of Use are found to be unenforceable, then that part
will be severed so that the remainder of these Terms of Use can continue to be enforceable.