Terms of use

Please read these terms and conditions carefully before using Our Service.

INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to both DaKonaCondos its owners and principals. Condos are located at 78-6721 Alii Drive, Kailua Kona HI 96740.

Country refers to: Hawaii, United States

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to DaKonaCondo.com, accessible from www.dakonacondo.com or any of its subdomains or other domain names.

You or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. The content of the pages of this website is for your general information and use only. It is subject to change without notice. 

PROMOTIONS

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules, terms and conditions as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

USER ACCOUNTS

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

YOUR FEEDBACK TO US

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

OTHER PROVISIONS

Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Some of the images, pictures or graphics on this site may not be actual images, pictures, or graphics of the homes, properties, geographical areas, cities, locations, or events in which they are intended to represent. Your use of any information or materials on this website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this website meet Your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, marketing techniques and or strategies, advertising techniques strategies, site maps, copy, wording, embedded videos, and advice.   Reproduction and or use is strictly prohibited.  The copyright notice applies and forms part of these terms and conditions. If you have any questions with regards to website content and its licensing, please reach out to us directly. It is strictly forbidden to copy, save, print, reproduce, transmit, or screen capture any information, data, layout, pictures, graphics, web pages, web design, listings, copy or content of any kind located on this entire website and any of its pages, without the written consent of Company. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). All rights reserved. By filling out any of our online forms, requests, registration pages, contact us pages, giving us your email or phone number, or by asking any questions, you authorize Company and any of its owners, vendors, employees and or staff contracted by or referred by Company to contact you by Phone, Text, Fax, Email, in person, or by any other means.  

TERMINATION

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. If you would like to "opt out" and not be contacted by Company, please send an email with the subject heading "OPT OUT" to info@dakonacondo.com  

LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to 100 USD. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

INDEMNIFICATION

You agree to indemnify and hold harmless Company, its shareholders, directors, affiliates, officers, agents and employees, service providers, and all third parties that provide content, information or Site to the Site from and against any and all claims, suits, demands, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including but not limited to reasonable attorney fees and disbursements, court costs or arbitration costs, due to, arising out of, or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your contributions of content or information to the Site or any use of the Site' content other than as expressly authorized in these Terms of Use.

"AS IS" AND "AS AVAILABLE" DISCLAIMER

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

OTHER DISCLAIMERS

Company supports the Fair Housing Act and equal opportunity housing. One of the Condo Owners is Cassandra Anne Merrill who is a licensed real estate agent, REALTOR®, Broker-Associate and real estate brokerage owner in the state of California (not in the state of Hawaii). Cassandra Anne Merrill does NOT hold any real estate license in the state of Hawaii. Cassandra Anne Merrill is only acting in the capacity of a “principal” (owner of Dakonacondo condo), as it relates to DaKonaCondo condos and NOT in the capacity of a licensed real estate agent, REALTOR® or real estate broker. Daymon Chad Merrill is NOT a real estate agent, NOT a REALTOR®, NOT a real estate broker, and does NOT hold any real estate license in any state and is only acting in the capacity of a “principal” (owner or Dakonacondo condo). Owners (Daymon Chad Merrill and Cassandra Anne Merrill) are only allowing this Hawaii Condo to be rented as “principals” (owners of the Dakonacondo Condo), and NOT in the capacity of a REALTOR®, real estate agent or real estate broker of any state. You understand and agree that no real estate related representation, no agency relationship, no fiduciary duties and no answers to any real estate related questions has been or will be provided by Owners (Cassandra Anne Merrill or Daymon Chad Merrill). You understand and agree that Owners (Cassandra Anne Merrill and Daymon Chad Merrill) have NOT and will NOT be involved or acting in the capacity of a real estate agent, REALTOR® or real estate broker in any agreement or transaction regarding any property in Hawaii. If you desire real estate related services, real estate advice and or real estate agent representation, you agree to seek ALL real estate related services, advice, and representation from a licensed Hawaii real estate professional. You understand and agree that Owners (Cassandra Anne Merrill and Daymon Chad Merrill) are NOT attorneys and are NOT offering any legal advice or professional advice. If you desire legal services, legal advice and or legal representation, you agree to seek ALL legal related services, advice and representation from an independent properly licensed attorney.

FAIR HOUSING

Company is an Equal Opportunity Company and Equal Housing Opportunity. Company and its staff fully support the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, which generally prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). In addition, we are contractually required to comply, in all respects, with all laws, rules and regulations applicable to the real estate industry, including without limitation, the requirements imposed by the Fair Housing Act. As an adjunct to the foregoing commitment, we actively promote, and are committed to, creating and fostering an environment of diversity as a critical component to the on-going success of our business operations.

GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

FOR EUROPEAN UNION (EU) USERS

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

SEVERABILITY AND WAIVER

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

PRIVACY POLICY

As a condition of viewing and or using any of our website(s), our content, our subdomain sites and or receiving property information or any other information from us, you agree to abide by our privacy policy and accept all the terms of our privacy policy at all times. You can review our privacy policy by clicking here.

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@dakonacondo.com