Last Modified: September 30, 2015

Welcome to www.hokulia.com (the “Website”).  The Website is owned and operated by 1250 Oceanside, LLC, a Delaware limited liability company, in conjunction with its affiliate companies associated with the Hokuli`a development (collectively, the “Company,” “we” or “us”).  The following terms and conditions, along with our Privacy Policy [see link below] (collectively, these “Terms of Use”), govern your access to and use of the Website and any content, functionality or services offered on or through the Website.

YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.  Alternatively, if you do not agree to these Terms of Use, do not access or use the Website.  We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to any such changes.

This Website is offered and available to users who are 18 years of age or older.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company.  If you do not meet these requirements, do not access or use the Website.

NOTICES REGARDING THE HOKULI`A DEVELOPMENT

Obtain the “Property Report” required by Federal law and the “Public Offering Statement” required by Hawaii law and read them before signing anything.  No Federal agency, State of Hawaii agency, or other State agency has judged the merits or value, if any, of the properties shown on this Website.  Use of some facilities may require joining the Club at Hokuli`a and the payment of certain fees.  Membership in the Club at Hokuli`a is by invitation only.

Additionally, you understand that the information presented on or through the Website is made available solely for general information purposes and is not intended to constitute an offer or solicitation.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.  We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We make no representation or guarantee with respect to the investment status or future value of any home or lot.  Lot premiums may apply.  Views may vary significantly by lot location and may be affected by future development.  We do not guarantee the preservation of any view or the natural environment surrounding the community or any particular lot.  Photographs, descriptions and discussions of any lot, the surrounding areas, the zoning and land use of the properties surrounding the community, open space or community amenity, are informational only, are subject to change and are not guaranteed.  We cannot control future actions and decisions by government and private bodies, and all applicable governmental and private bodies should be consulted for accurate, up to date information.

Prices and terms contained herein are subject to change, prior sale, selected lot premiums and options.  Prices shown may or may not include any optional features or lot premiums and may or may not include any applicable fees and charges.  All renderings and floor plans in these materials are artists’ conceptual drawings and will vary from the actual plans and homes as built.  Lot and building square footage numbers are approximate and may vary depending on the standard of measurement used.  Photographs and renderings of lots or homes may not represent the lowest-priced lots or homes in the community and any photographs or renderings of people do not depict racial preference.  Community description and amenities are developer’s current plans, are not guaranteed, and may change without notice.  Additionally, home plotting, site maps, building envelopes, square footages, pricing, lot or home availability, terms of sale, release dates, number of lots to be sold or homes to be built, reservation processes and home designs including, but not limited to, floor plans, landscaping, materials, techniques and features, are all subject to change without notice.  The Website and models may not always reflect design or plan changes.  Please consult a sales representative for specific information for the community.

We do not warrant or guarantee the work or pricing of builders who may build homes in Hokuli`a.  Owners who contract directly with the builder must rely solely on such owner’s own investigation and judgment of the builder’s construction and financial capabilities.

Purchasers of lots in Hokuli`a must rely on their own investigation of the suitability of the lot for construction, the risks involved in construction, and the potential costs and cost overruns of construction.  We make no representation or warranty as to whether any lot for sale in the subdivision is suitable for construction of a home or any other improvement.  For instance, subsurface geologic conditions such as lava tubes or other conditions, or the presence of burial sites, may make construction of certain improvements on all or part of any lot in Hokuli`a impracticable or impossible.  Additionally, indigenous Hawaiians may have rights with respect to certain historic or cultural elements of the land and the lots that may allow the indigenous Hawaiians access to burial or other cultural sites on a lot or otherwise affect a lot owner’s rights of use.  We strongly encourage you to perform a thorough investigation of the engineering, legal, cultural and other risks involved in building a home or other improvement on your desired lot in Hokuli`a.  To better understand these risks, please also carefully review the “Property Report” required by Federal law and the “Public Offering Statement” required by Hawaii law before purchasing a lot in Hokuli`a.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.  You may be asked to provide information about yourself through the Website.  It is a condition of your use of the Website that all the information you provide to us on the Website is correct, current and complete.  You acknowledge and agree that any and all such information is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with such Privacy Policy.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); or (b) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, such as the Club at Hokuli`a, the Hokuli’a Community Association, the Hokuli’a Community Services Association, or other third parties such as real estate brokers or other service providers, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  The Company name, the term “HOKULI`A,” the Company logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

DISCLAIMERS

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

This Website may also include content provided by third parties.  All statements or opinions expressed in such materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  TO THE EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

LIMITATIONS ON LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content and services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

EQUAL HOUSING OPPORTUNITY STATEMENT

The Company is an equal opportunity home builder.  Information provided on this Website may be subject to the U.S. Federal Fair Housing Act of 1968, as amended.  We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity.  We encourage and support an affirmative advertising and marketing program in which there are no barriers and make all residences available on an equal opportunity basis.

MISCELLANEOUS PROVISIONS

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule.  Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States located in the State of Hawaii or the courts of the State of Hawaii.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.