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Terms and Conditions of Use
Purpose of Our Website
The purpose of TurtleBayLandCompany.com is to providing home selling services to its users. To gain access to our services, you must submit certain information about yourself and the home you wish to sell, which information will be used by TurtleBayLandCompany.com and such affiliates of TurtleBayLandCompany.com to assist you in the home selling process. To assure the value of the services to be provided to you, you agree that you will provide accurate and complete information.
Copyright & Trademarks
© 2017 TurtleBayLandCompany.com. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are the exclusive property of TurtleBayLandCompany.com and are all subject to copyright and other intellectual property protection. “TurtleBayLandCompany.com” and all other trademarks and service marks indicated on our site are the property of TurtleBayLandCompany.com. These objects may not be copied for commercial use or distribution, nor may these objects be modified or re-posted to other sites. Framing of any content is strictly prohibited.
TurtleBayLandCompany.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of TurtleBayLandCompany.com. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of TurtleBayLandCompany.com.
Professional Home Buyers — Not Professional Advisors
Financial decisions, including decisions about selling real estate, are serious decisions that should not be taken lightly. TurtleBayLandCompany.com, its agents, employees, officers, subsidiaries, members or affiliates do not, via this website or otherwise, encourage you to make any particular decision on issues concerning real estate without first seeking professional advice from your attorney or accountant. We are not licensed real estate agents/brokers, attorneys, or accountants, and WE DO NOT REPRESENT PARTIES AS SUCH. The material contained on this site is offered as information only and not as financial, accounting, legal or other professional advice. Users of this site should contact their own professional advisors for such advice.
You agree that you must evaluate and bear all risks associated with your dealings with TurtleBayLandCompany.com or its affiliates. You agree and understand that your choice to deal with any member or affiliate of this site is done at your discretion and risk, and you will be solely responsible for such dealings. In no event shall TurtleBayLandCompany.com be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to your dealings with investors, members or affiliates of this site.
Obligations of Home Sellers Registered With TurtleBayLandCompany.com
By completing the home information form on this site, you agree that:
You are of legal age and are otherwise capable of forming a legally binding contract;
You are interested in selling property located in the United States of America;
You do not have an exclusive contractual or other arrangement with any real estate professional; and
You agree to be contacted by e-mail or other means by TurtleBayLandCompany.com or a member or affiliate of TurtleBayLandCompany.com regarding your property.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY TURTLEBAYLANDCOMPANY.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TURTLEBAYLANDCOMPANY.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TURTLEBAYLANDCOMPANY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TURTLEBAYLANDCOMPANY.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TURTLEBAYLANDCOMPANY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
By visiting TurtleBayLandCompany.com, you agree that the laws of the State of Hawaii, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and TurtleBayLandCompany.com or its affiliates.
Links to Other Sites
From time to time, TurtleBayLandCompany.com may include on its site third party services (such as a moving company or home improvement center). TurtleBayLandCompany.com may post information about, or links to, these companies as a service to its users who may be interested in such services. TurtleBayLandCompany.com is not responsible for the contents of any link to or from this site. We do not endorse the policies or practices of, or opinions expressed on, other websites linked to or from this site; nor do we make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by us of the services, the site, its contents or its sponsoring organization.
Any dispute relating in any way to your use of the TurtleBayLandCompany.com site shall be submitted to confidential and binding arbitration in Honolulu, Hawaii, except to the extent that you have in any manner violated or threatened to violate TurtleBayLandCompany.com’s intellectual property rights, TurtleBayLandCompany.com may seek injunctive or other appropriate relief in any state or federal court in the State of Hawaii, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Other Policies, Modification and Severability
By your use of this site, you agree that you have read, understand and agree to abide by this Agreement and the documents it incorporates by reference; you intend to form a legally binding contract by utilizing or viewing this site. A printout of this Agreement and the documents it incorporates by reference will constitute a “writing” under any applicable law or regulation