1. If User is a buyer or seller of real estate or an apartment renter, User represents and warrants to Hawaii Hatfield Realtythat he or she will provide factual, complete and accurate information as requested and that he or she is not currently working with another real estate agent, broker or agency and has not entered into any contractual arrangements preventing User from entering into this Agreement with Hawaii Hatfield Realty. The information contained herein is based on information from the Multiple Listing Service of the Honolulu Board of REALTORS for the period January 2000 through December 2005.

2. User acknowledges and agrees that property searches conducted by User will be restricted according to guidelines set by the Multiple Listing Service (MLS), with his or her search parameters limited to a reasonable price range and intended geographical region of living. User also acknowledges and agrees that the MLS listing information being provided to User through this website is for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties that User may be interested in purchasing. User also agrees to enter into the Honolulu Association of Realtors Standard Form, Buyer Representation Agreement Exclusive Right To Represent with Hawaii Hatfield Realty at the time physical property showings begin. User agrees that any communications with an owner or seller, including an intent to view a property, will be conducted through the Hawaii Hatfield Realty's Realtors® via scheduled appointment. User also understands and accepts Hawaii Hatfield Realty's right to represent other qualified prospective buyers seeking similar property parameters.

3. User may be eligible to list residential property for sale through the Hawaii Hatfield Realty, as its exclusive real estate broker.

4. User acknowledges and agrees that his or her use of this website or the use of any of the services provided by the Hawaii Hatfield Realty to the User does not obligate User to use any of the other services or products offered by any other party. Specifically, the User is not obligated to use any of the mortgage, title insurance or other settlement services offered hereunder by other third parties. To the extent User has any dispute or claim with respect to any of the products, services or information received from such third parties, User acknowledges and agrees that User shall look solely to such parties with respect to such disputes and claims and will release the Hawaii Hatfield Realty from any such claims or damages.

5. User acknowledges and agrees that as a convenience to User, this website may contain live links to other third-party websites that are not under the control or operation of the Hawaii Hatfield Realty. The Hawaii Hatfield Realty is not responsible for any of the content contained in such websites nor does it endorse any of the content found therein. User will access and use such other websites, including information, material, products and services provided therein, solely at his or her risk. Furthermore, we recommend that the User read the privacy policies of such other websites before disclosing his or her personal information since the Hawaii Hatfield Realty's own privacy policies does not apply to other websites.

6. Neither the Company nor its vendors, partners or clients will be liable under any circumstances for any damage or liability that may arise from the User's use, misuse, or inability to use this website, or for any products, services or information offered or provided hereunder. Furthermore, User acknowledges and agrees that although Hawaii Hatfield Realty believes that the materials, reports and information (including property listing information) are accurate, updated and complete, the Hawaii Hatfield Realty does not independently verify the same. Hawaii Hatfield Realty, its vendors, partners or clients do not guarantee the accuracy, completeness or reliability of such materials, reports and information and are not responsible to User or any other party for any damage or loss relating to their accuracy, completeness or timeliness. All such materials, reports and information should be independently verified by User.

7. User understands and agrees that Hawaii Hatfield Realty will not be responsible for any damage to hardware, software, data or personal property while using this website or any other website which may be linked to this website, and that using such websites is done at his or her own risk.

8. User understands that all materials, reports, information, and marks contained in this website contain intellectual property owned by the Hawaii Hatfield Realty or licensed from third parties. The materials, reports, and information are protected under copyright law and may not be reproduced, distributed, or retransmitted without written permission of Hawaii Hatfield Realty. All rights are reserved. The marks on the website are protected under trademark law and may consist of trademarks, trade names, service marks, including Hawaii Hatfield Realty's logos and name. These marks are owned by the Hawaii Hatfield Realty. User may not use or display these marks or confusingly similar marks in conjunction with other products or services without written permission of the Company. The source of the MLS information being displayed in this website is Copyright © 2002, Honolulu Association of Realtors. The pages displayed in this website are Copyright © 2002, Hawaii Hatfield Realty, Inc.

9. User recognizes that Hawaii Hatfield Realty may at any time amend the terms of this Agreement by posting the amended Agreement on this website and that User's continued use of this website after the posting of any such amendment will constitute User's acceptance of such amendment. User does not have the right to amend the terms of this Agreement. User further acknowledges and agrees that Hawaii Hatfield Realty may add, delete or modify all or any portion of the services, products, materials, reports and/or information provided hereunder at any time. User also acknowledges and agrees that not all of the services or products displayed on this website may be available at such time.

10. THIS WEBSITE AND ALL SERVICES, PRODUCTS AND INFORMATION ARE PROVIDED "AS-IS", "WHERE IS" AND "WITH ANY AND ALL FAULTS". NEITHER Hawaii Hatfield Realty, NOR ITS EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, AGENTS, VENDORS, CLIENTS, PARTNERS, SUCCESSORS, AND/OR ASSIGNS, MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION CONTAINED IN THIS WEBSITE NOR REPRESENT THAT USE OF THIS INFORMATION WOULD NOT INFRINGE OTHER THIRD PARTY RIGHTS. FURTHER THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE TO THE USER OR ANY THIRD PARTY ARISING FROM USE OF THIS WEBSITE OR THE SERVICES, PRODUCTS OR INFORMATION PROVIDED HEREUNDER.

11. User agrees to indemnify, defend and hold the Hawaii Hatfield Realty, its employees, directors, officers, owners, agents, representatives, vendors and partners harmless from any and all liability, loss, claim and expense (including attorneys' fees and costs) resulting from User's use of the information, materials, products or services listed in this website or resulting from User's violation of this Agreement.

12. This Agreement also incorporates the Hawaii Hatfield Realty's Privacy Policy and the other legal notices and disclosures posted in the website. It is recommended that the User familiarize himself or herself with the same since they are a part of this Agreement. Although, Hawaii Hatfield Realty and its vendors and suppliers have taken substantial steps to insure the confidentiality of information transmitted to them by the User via the Internet, the User is cautioned that unexpected changes in technology may be used by unauthorized third parties to intercept User information. Accordingly, Hawaii Hatfield Realty assumes no liability or responsibility should confidential information belonging to the User be intercepted and subsequently used by an unintended recipient.

13. The laws of the State of Hawaii (without giving effect to its conflicts of laws) will govern the interpretation and enforcement of this Agreement. User hereby consents to personal jurisdiction in the federal and state courts of Honolulu, Hawaii for any actions arising out of or related to this Agreement.

14. If any of the provisions of this Agreement are held invalid or unenforceable by a court of law with jurisdiction over such matter, such provisions will be deleted from this Agreement and the remaining provisions will remain binding and enforceable. Failure by Hawaii Hatfield Realty to enforce any of its rights under this Agreement shall not be construed as a waiver of any provision or right to which Hawaii Hatfield Realty is entitled. Hawaii Hatfield Realty reserves the right to terminate User's access to the website for User's breach of the terms of this Agreement or for any actions taken by User that damage or may damage the website or the Company. User agrees that the terms of Sections 5, 6, 7, 10, 11, 12 and 13 shall survive the termination of this Agreement.