OHA: Office of Hawaiian Affairs

Terms of Use Policy

By visiting and using this web site, its sub-pages, and content, you are agreeing to our Terms of Access and Use.

Notice

You have entered www.OHA.org or a subsite on behalf of OHA, which may be used for authorized purposes only. This WEB SITE is not nor is it intended to be an open public forum.

Definition

As used in these terms of access and use, “WEB SITE” means and refers to all or any portion of www.OHA.org or a subsite on behalf of OHA, any subpages, and content.

As used in these terms of access and use, “content” includes the information, material, documents, text, graphics, images, logos, and HTML programming format (including meta tags or the meta http-equivalent), and scripts.

Terms of Use

Your use of the www.OHA.org or a subsite on behalf of OHA’s products, software, services and web sites (referred to collectively as the “Services” herein) is subject to the following terms. The term Services excludes any services provided to you by www.OHA.org or the OHA under a separate written agreement to the extent such agreement is expressly contrary to the following terms.

You agree not to use for commercial purposes, or resell, or allow your employees, agents or contractors to use for commercial purposes or resell any of the data derived from these Services unless you have been specifically allowed to do so in a separate, written agreement with the OHA. The OHA reserves the right to discontinue your access by whatever means it chooses, and without notice, if it detects a violation of these terms. You agree that the OHA may take any action necessary, whether at law or in equity, it deems necessary to protect its rights, and the rights of others, hereunder.

Security & Monitoring Notice

This site reserves the right to collect navigational information about its users such as:

  • The name of the domain from which the site was accessed;
  • The date and time the site was accessed; and
  • The web site address (also called the URL) of the link clicked to access the site.

For site security purposes, all network traffic is monitored to identify unauthorized attempts to upload or change information, or otherwise conduct criminal activity. In connection with authorized law enforcement investigations and pursuant to required legal process, navigational information may be used to assist in obtaining personally identifiable information.

Furthermore, to protect this WEB SITE as well as the associated computer system supporting the WEB SITE from unauthorized use and to ensure that the computer system is functioning properly, individuals accessing this WEB SITE and the associated computer system are subject to having all of their activities monitored and recorded by personnel authorized to do so by the OHA. Anyone using this WEB SITE and the associated computer system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, OHA personnel may provide the results of such monitoring to appropriate officials. Unauthorized attempts to upload or change the content of the WEB SITE, or otherwise cause damage to this WEB SITE or the computer system are strictly prohibited and may be punishable under applicable law.

Notice This Web Site May Change Without Notice

This WEB SITE is provided as a public service. This WEB SITE is dynamic and will change over time WITHOUT NOTICE. Users of this WEB SITE are therefore fully responsible for checking the accuracy, completeness, currency and suitability of content found on the WEB SITE themselves.

In addition, the OHA may suspend or discontinue some or all of this public service at any time, or it may elect to charge a fee for access to or use of this public service.

Disclaimer of Warranties

This WEB SITE is provided “AS IS” and without warranties of any kind. To the fullest extent of the law, the OHA, including each officer or employee of the agency, disclaims all warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, with respect to this WEB SITE; this disclaimer of warranties includes but is not limited to disclaimers as regards the following: (1) that the functioning of this WEB SITE will be uninterrupted and error-free; (2) that any defects or other errors on this WEB SITE will be corrected; and (3) that this WEB SITE as well as the computer system are or will be free of viruses or other harmful components.

In addition, neither the OHA nor any officer or employee of the agency makes any representations, guarantees, or warranties as to: (1) the accuracy, completeness, currency, or suitability of the information provided via this WEB SITE; (2) the use of or the results of the use of this WEB SITE; and (3) the accuracy, reliability, availability or completeness or usefulness of the content of web sites created and maintained by persons other than the OHA and linked to or from this WEB SITE.

Limitation of Liability

Under no circumstances, including but not limited to, negligence, shall the OHA nor any officer or employee of the agency be liable for any special, consequential and/or incidental damages that may result from the use of or the inability to access or use this WEB SITE, even if the OHA has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the OHA’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence), or otherwise) exceed the amount paid by you, if any, to access this WEB SITE.

Copyright Notice

Duplication or use of any content from this WEB SITE for commercial purposes or in any manner likely to give the impression of official approval by the OHA is prohibited.

Links to External Web Sites and Pages

This WEB SITE may contain hypertext links to external web sites and pages containing information created and maintained by public and private organizations other than the OHA. These hypertext links may be created by the OHA if it determines that establishing the external link will be consistent with assisting or furthering the purpose of this WEB SITE which is to significantly and diligently promote public service to citizens and businesses by:

  1. Expanding beneficiary and public access to the OHA services and information;
  2. Improving the level of customer service from the OHA; and
  3. Extending electronic services to the OHA beneficiaries and the general public.

In addition, hypertext links may be created by the OHA for informational purposes, that is, where the linked external web site will provide useful and valuable information to visitors to this WEB SITE, or where the linked external web site is required or authorized by law.

The OHA, in its sole discretion, will determine whether the external web site meets the purpose of this WEB SITE or for the specified informational purposes. The inclusion of a hypertext link to an external web site is not intended as an endorsement of any products or service offered or referenced on the linked web site, the organizations or individuals sponsoring such web site, or any views which might be expressed or referenced in the web site.

These hypertext links to external web sites and pages may be removed or replaced in the sole discretion of the OHA, at any time without notice.

In the event you discover problems with or have concerns regarding the format, accuracy, timeliness or completeness of a linked external web site, please contact the organization responsible for the linked external web site – the OHA does not control nor is it responsible for any linked external web sites and pages.

This WEB SITE and associated webpages are not intended to be open public forums.

Disclaimer of Endorsement

Any reference in this WEB SITE to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the OHA.

Jurisdiction

This WEB SITE is provided as a public service using an associated computer system located within the State of Hawai’i. Any person choosing to access and use this WEB SITE is subject to the jurisdiction of the State of Hawaiʻi.

These terms shall be governed by and construed in accordance with the laws of the State of Hawaiʻi. Any dispute arising out of or relating to these terms, or access and use of this WEB SITE shall be decided under the laws of and in the state courts in the State of Hawaiʻi, and you hereby consent to and submit to the personal jurisdiction of such courts for the purpose of adjudicating such dispute.

Severability

If any provision in these terms shall be determined to be unlawful, void or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of the remaining provisions.

Legal Notices

Pursuant to the Digital Millennium Copyright Act (1998), notification of claimed infringement using Office of Hawaiian Affairs’ services should be filed with:

Chief Technology Officer
Office of Hawaiian Affairs
560 N. Nimitz Highway, Suite 200
Honolulu, Hawai’i 96817
Telephone: (808) 594-1801
Email: lisav@oha.org

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