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Terms of Use

Thank you for your interest in the Public Land Trust Information System (PLTIS). By visiting and using this web site, its subpages, and content, you are agreeing to these terms of access and use.

Definition

As used in these terms of access and use:

• “WEB SITE” and "SITE" means and refers to all or any portion of the PLTIS (i.e., all pages starting with, or containing "pltis.hawaii.gov", "hawaii.gov", etc), subpages and content.
• “Content” includes the information, material, documents, text, graphics, images, logos, datasets, data, maps, and HTML programming format (including meta tags or the meta http-equivalent), and scripts.
• “WE,” “US,” and “STATE OF HAWAII” means and refers to the Executive Branch of the State of Hawaii, including its departments, agencies, commissions, officers, employees, or agents.
• “Dataset” means and refers to the work formed by the collection and assembling of Data selected, coordinated, and/or arranged therein, and which is available for downloading from the Site.
• “Data” means the information, material, independent works, and/or facts that is/are selected, coordinated, arranged, and/or otherwise compiled in a Dataset.
• “Derivative Work” means a work that is based in any way or to any extent on the data obtained from this Site including without limitation any work that uses any of the Data in a modified form.

Acceptance of this Terms of Use Policy

By using this Site, you accept and agree to all the terms and conditions stated in this Terms of Use Policy.

You represent that you have full capacity and authority to accept this Terms of Use Policy. If you are accepting on behalf of your employer or another entity, you represent that you have full authority to bind your employer or such other entity to this Terms of Use Policy.

Your use of the State of Hawaii's products, software, services and web sites (referred to collectively as the “Services” herein) is subject to the following terms.

You agree not to access, or attempt to access, or allow any employee, agent or contractor to access or attempt to access any of the Services by any means other than through the WEB SITE, unless you have been specifically allowed to do so in a separate, written agreement with the State of Hawaii. You specifically agree not to access, or attempt to access, or allow any employee, agent or contractor to access or attempt to access any of the Services through any automated means (including, but not limited to, use of scripts, web crawlers or screen scrapers) and shall ensure that you and your agents, employees and contractors comply with the instructions set out in any robots.txt file present on the site.

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 State of Hawaii. The State of Hawaii 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 State of Hawaii may take any action necessary, whether at law or in equity, it deems necessary to protect its rights, and the rights of others, hereunder.

Content Notice

The content within the PLTIS has been collected from multiple state and county sources. This content is provided "as-is" and may not have been prepared for legal, engineering, or surveying purposes (the maps or data may contain errors). Users of this content should consult the primary data sources to ascertain the accuracy and usability of the data provided within. In no event will the State of Hawaii or its officers or employees be liable for any losses or damages that might arise from the use of the content. The State of Hawaii explicitly disclaims any representations and warranties as to the accuracy, timeliness, or completeness of the content within the PLTIS.

Research Services Notice

DLNR does not provide information or research services regarding land found in PLTIS. For additional research about land or parcels, one may visit the respective state office that owns or manages the land to request and review files. Each state office has its own copy fee charge. There may be copy charges and postal fees (generally payment would be received in advance of copying and mailing).

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 in order 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 State of Hawaii. 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, State of Hawaii 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 That 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 State of Hawaii 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.

Right To Modify Or Discontinue Data Feeds; Right To Terminate.

WE reserve the following:

• The right to modify any Dataset and the Data in a Dataset, including but not limited to the data format, schemas, as well as the collection and assembling of the Data selected, coordinated or arranged in the Dataset;
• The right to discontinue providing any or all of the Datasets at any time without prior notice; and
• The right to require the termination of any and all graphical displays displaying, distributing or otherwise using any or all of a Dataset or the Data in a Dataset, for any reason including, without limitation, your violation of any provision of this Policy

Disclaimer of Warranties

This WEB SITE, including the maps, datasets and data within, is provided “AS IS” and without warranties of any kind. To the fullest extent of the law, the State of Hawaii, including each agency, officer, or employee of the State of Hawaii, 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 State of Hawaii nor any agency, officer, or employee of the State of Hawaii 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 State of Hawaii and linked to or from this WEB SITE.

Limitation of Liability

Under no circumstances, including but not limited to, negligence, shall the State of Hawaii nor any agency, officer, or employee of the State of Hawaii 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 State of Hawaii 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 State of Hawaii’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.

Indemnity

You agree to indemnify and save harmless the STATE OF HAWAII from any claim, loss, damage, injury or liability of any kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees and costs of investigation and/or litigation), that arise or relate to, directly or indirectly, in whole or in part, from your viewing of, or use of a Dataset or the Data in a Dataset, including without limitation, your use of a Dataset or the Data in a Dataset in a software application, derivative work, or other application or presentation.

In addition to your obligation to indemnify the STATE OF HAWAII, you specifically acknowledge and agree that you have an immediate and independent obligation to defend the STATE OF HAWAII from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to you by the STATE OF HAWAII and continues at all times thereafter.

Disclaimer Language Requirement

Any person who uses or downloads any Map, Dataset or Data in a Dataset in any software application, derivative work, or other application or presentation shall include the following disclaimer on the site where the data, dataset, map, software application, derivative work, or other application or presentation can be accessed:

"The data made available here was modified for use from its original source, which is pltis.hawaii.gov. The State of Hawaii does not vouch for the quality and timeliness of the data presented herein, any analysis of the data presented herein, nor any content, viewpoints, products, or services presented herein.

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 State of Hawaii is prohibited. The WEB SITE Copyright © 2015 State of Hawaii.

Notice of Limitation on Use of State Seals and Symbols

Use of the great seal of the State of Hawaii or the coat-of-arms of the State is restricted by law: Whoever uses any representation of the great seal or the coat of arms of the State in any advertisement or for any commercial purpose or in any manner likely to give the impression of official State approval shall be guilty of a misdemeanor. The preceding sentence shall not be construed to apply to the use of the seal or the coat of arms in any newspaper, periodical, book, or pamphlet wherein the seal or coat of arms is printed for informational purposes only. Section 5-6, Hawaii Revised Statutes.

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 State of Hawaii. These hypertext links may be created by the State of Hawaii 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 business and citizen access to government services and government information; 2.Offering an easy and convenient process for businesses and citizens to conduct transactions with State government online; 3.Accelerating the development and delivery of an increased volume of quality, online government services; 4.Improving the level of customer service from State government; and 5.Extending electronic government services to citizens of cities and county government.

In addition, hypertext links may be created by the State of Hawaii 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 State of Hawaii, 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 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 State of Hawaii, 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 State of Hawaii does not control nor is it responsible for any linked external web sites and pages.

The State of Hawaii WEB SITE and pages 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 State of Hawaii.

Jurisdiction

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

These terms shall be governed by and construed in accordance with the laws of the State of Hawaii. 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 Hawaii, and you hereby consent to and submit to the personal jurisdiction of such courts for the purpose of adjudicating such dispute.

If any provision of this Terms of Use Policy is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

WE may at any time revise this Terms of Use Policy without notice. It is up to you to regularly review this Terms of Use Policy in case there are any changes. Downloading of a Dataset from the Site after a change has been made is your acceptance of the change.

You agree that, if WE do not exercise or enforce any legal right or remedy contained in this Terms of Use Policy (or that WE have the benefit of under any applicable law), this will not be taken to be a formal waiver of any right and that those rights or remedies will still be available to US. Any waiver of any provision of this Terms of Use Policy will be effective only if WE expressly state in a signed writing that WE are waiving a specified provision.

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.

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