Terms of Service

KAKO ‘O MAUI, HOUSING PROGRAM – TERMS OF SERVICE AGREEMENT 

This Terms of Service Agreement (“Agreement”) is a binding legal contract between you and Council of Native Hawaiian Advancement (“CNHA” or “We”) which governs your access and use of the Kako‘o Maui, Housing Programs (“Program”) websites, kakoomaui.com and helpingmaui.org, and the services, tools, features, databases, materials, content, features, products, or information available through them (collectively, the “Website”).   

By accessing or using the Website, you agree to be bound by all of the terms in this Agreement.  CNHA may make changes to this Agreement at any time by publishing these changes on this web page, with all changes taking effect immediately upon publication. It is your responsibility to keep yourself informed of the effective terms of this Agreement by reviewing this Agreement each time you access or use the Website; by continuing to access or use the Website and/or Program services, you agree to accept any changes to the terms of this Agreement together with all other terms in effect at that time.  

If at any time you do not agree to adhere to the terms of this Agreement when accessing or using the Website, your only remedy to stop accessing and using the Website. 

  1. Website Purpose.  

    The Website’s primary purpose is to provide an online space where community members displaced by the August 2023 Maui wildfires (“Displaced Families”) and owners and property managers of Hawaii residential properties (collectively, “Property Owners”) can access the disaster relief housing assistance and other Program services to make progress towards the ultimate goal of helping all Displaced Families secure medium-to-long-term housing through the rebuilding process. 

    The Website is also intended to serve as a valuable information hub, where Maui community members and the many local, state, and national organizations working to provide support them can access some of the most current information regarding the housing conditions on Maui.  This information, generated by aggregating and analyzing information contributed by Program applicants, is made publicly available—while maintaining the privacy of the individual Program participants—so that everyone can benefit from this ‘ike, improving our collective capacity to rebuild impacted communities as effectively and efficiently as possible. 

    Any access or use of the Website should be for, or in the spirit of, its purposes.  Access or use of the Website for contrary purposes is strongly discouraged and may be grounds to deny you future access and use.  

  2. User Qualifications.  

    To access or use the Website, you must be at least 18 years of age, or using the Website with parental or legal guardian consent and supervision. To access certain pages and services on the Website, you must also create and use your personal User Account, or use the personal User Account of someone who has given you permission to use their personal User Account.  Any use of another person’s User Account without their permission and any Website access or use by unqualified users is prohibited. 

  3. Limitations on Use. 

    All use of the Website must be in accordance with this Agreement.   

    You may not use the Website for any of the following prohibited purposes: 

    1. To access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Website;  

    2. To attempt to gain unauthorized access to any portion or feature of the Website, including without limitation, the account of any other authorized user or any other systems or networks connected to the Website or to any server used by CNHA or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate or prohibited means;  

    3. To probe, scan, or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website, or any network connected to the Website;  

    4. To reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Website;  

    5. To take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or systems or networks of CNHA or networks connected to the Website;  

    6. To use any device, software, or routine to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;  

    7. To use the Website to harvest or collect e-mail addresses or other contact information;  

    8. To market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Website without the express, separate and prior written permission of CNHA;  

    9. To create an intact reproduction of a page or pages of the Website into another service; or  

    10. To use the Website, or any portion thereof, in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact CNHA. 

    Any unlawful access or use of the Website is strictly prohibited.  You are solely responsible for ensuring your access or use of the Website is in compliance with any and all applicable foreign, federal, state and local laws, rules and regulations. 

  4. Links to the Website.  

    You may link to the Website provided that You do so in a way that indicates that the link is direct to an CNHA Website and is fair and not misleading. You may not integrate or make use of all or part of the Website in ways that would confuse or mislead visitors as to the nature and origin of the Website’s content. 

  5. User Submissions and Browser Information. 

    CNHA’s Kako‘o Maui, Housing Program – Online Privacy Policy (“Privacy Policy”) for collecting, using, maintaining, protecting, and disclosing Website user information is available at https://kakoomaui.com/privacy-policy and is expressly incorporated by reference into this Agreement.  Please be sure to carefully review the Privacy Policy prior to each access or use of the Website. 

  6. Effective Term of this Agreement. 

    This Agreement shall take effect immediately upon your first access or use of the Website and shall remain in effect until terminated in accordance with this Agreement.  This Agreement shall automatically terminate immediately in the event you materially breach any of the terms of this Agreement.  Termination will be effective without notice. You may terminate this Agreement at any time by ceasing to use the Website and refraining from all future access or use. 

    The following terms will survive termination of this Agreement for any reason: (i) the provision regarding CNHA’s Privacy Policy; and (iii) the provisions below regarding indemnity, disclaimers of warranty, limitation of liability, dispute resolution, and severability. 

  7. Warranty Disclaimers. 

    YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE WEBSITE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, WEBSITES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COUNCIL FOR NATIVE HAWAIIAN ADVANCEMENT AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE. COUNCIL FOR NATIVE HAWAIIAN ADVANCEMENT DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, WEBSITES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE WEBSITE OR THROUGH LINKS ON THE WEBSITE. COUNCIL FOR NATIVE HAWAIIAN ADVANCEMENT DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT COUNCIL FOR NATIVE HAWAIIAN ADVANCEMENT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 

  8. Other Disclaimers 

    CONTENT ON THE WEBSITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND.  WHEREVER RELEVANT, CNHA STRONGLY RECOMMENDS THAT YOU CONSULT A DULY LICENSED PROFESSIONAL FOR ADVICE REGARDING ANY QUESTIONS YOU MAY HAVE REGARDING YOUR INDIVIDUAL CIRCUMSTANCES. 

  9. Limitation of Liability 

    UNDER NO CIRCUMSTANCES SHALL COUNCIL FOR NATIVE HAWAIIAN ADVANCEMENT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED ENTITIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COUNCIL FOR NATIVE HAWAIIAN ADVANCEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE KAKO‘O MAUI HOUSING PROGRAM WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OR UNAVAILABILITY OF THE WEBSITE OR ANY CONTENT THEREON, IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT SUBMITTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.     

  10. Dispute Resolution 

    YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.  ALL DISPUTES BETWEEN COUNCIL FOR NATIVE HAWAIIAN ADVANCEMENT AND YOU ARISING FROM OR RELATING IN ANY WAY TO THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF HAWAII AND ADJUDICATED IN THE CIRCUIT COURT OF THE STATE OF HAWAII, WHICH SHALL HAVE SOLE JURISDICTION OVER ANY SUCH DISPUTES. THE AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII IN ANY DISPUTE CONCERNING THE AGREEMENT.     

  11. Indemnification 

    By accessing or using the Website, you knowingly agree to indemnify, defend, and hold harmless CNHA, and any of its current or former: directors, officers, employees, board members, and agents, and their successors and assigns, from and against any and all losses, liabilities, damages, suits, penalties, fines, costs or expenses including reasonable attorneys’ and experts’ fees, claims, demands, or cause of action of any kind or nature, arising from, or relating in any way to, the Disaster Relief Fund, assessment of, evaluation or verification of my application, any misstatements in my application, or any funds which I may receive in relation thereto.     

  12. Severability and Survivability 

    In the event any provision of this Agreement are found to be invalid or unenforceable pursuant to judicial decree, the remainder of the Agreement will remain valid and enforceable according to its terms. The disclaimers and limitations of liability will survive any termination or expiration of this Agreement.  

    IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.