WEB SITE TERMS & CONDITIONS
These web site terms and conditions ("Terms and Conditions") govern your use of this site, which is provided by Hawaii State Federal Credit Union ("HSFCU"). By accessing this site, you are indicating your acknowledgment and acceptance of these Terms and Conditions. Subject to applicable law, the Terms and Conditions are subject to change by HSFCU at any time in its discretion.
You agree to use the HSFCU Electronic Services and the HSFCU web site in a manner consistent with all applicable law and in accordance with the Terms and Conditions and all agreements and disclosures ("Agreements and Disclosures") applicable to your HSFCU Account and the transactions in which you are engaging. You also confirm that you are thirteen or older.
ACCESS TO THIS SITE
The services and transactions available electronically through HSFCU's web site is referred to as the "Electronic Services." When you apply for or use an Electronic Service, you agree to these Terms and Conditions, as they may be amended from time to time.
To access and print these Terms and Conditions and other pages, you need access to the Internet through an Internet Service Provider (ISP). You need an operating system (Microsoft(R) Windows 98 or higher, or IMac Operating System or higher) and a browser (Netscape® 4.7 or higher, Microsoft® Internet Explorer 5. 0 or higher, or America Online Web Browser 5.0 or higher). HSFCU is not responsible for any loss, damage or claim caused by your ISP, software, or computer communication equipment.
HSFCU may suspend or terminate your access to this site at any time for general maintenance, security and other reasons.
UNAUTHORIZED USE OF YOUR REGISTRATION
If you believe that someone has used your Registration Information (including passwords, usernames, and screen names) to access this site or any Electronic Service without your authorization, please call HSFCU immediately at (808) 587-2700.
RESTRICTIONS ON USE
For your protection and the protection of our web site, you agree not to share your Registration Information with any one else. You are responsible for all acts or omissions that occur through the use of your registration information.
You agree that you will not use any HSFCU electronic communication feature for any purpose that is unlawful, tortious, abusive, intrusive, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. You agree that you will not collect or store personal data about other users.
You agree that you will not transmit any material that contains a virus or any other computer code, file, program or anything else that might interfere with the functionality of any computer software, hardware, telecommunications equipment or anything else.
With the exception of using web browser software, you agree that you will not access or log on to HSFCU's computer systems, web site or software, or obtain, download, transfer or transmit any content to or from our computer systems, web site or software.
YOU ARE ENTITLED TO RECEIVE AND RETAIN A COPY OF THESE TERMS AND CONDITIONS. UNLESS YOU INFORM US OTHERWISE, YOU CONSENT TO ELECTRONIC RECEIPT OF THESE TERMS AND CONDITIONS AND OTHER NOTICES PROVIDED FROM TIME TO TIME ON OUR WEB SITE ("ELECTRONIC NOTICES") BY USING OUR SITE OR ELECTRONIC SERVICES. YOU MAY REQUEST A FREE PAPER COPY BY CALLING THE HSFCU MEMBER ACCOUNT SERVICES AT (808) 587-2705 OR 1-888-586-1056 (Neighbor Islands/Continental U.S.) BETWEEN 7:30 A.M. AND 5:00 P.M. (Hawaii Standard Time) MONDAY THROUGH FRIDAY EXCEPT HOLIDAYS. YOU MAY REVOKE YOUR CONSENT TO RECEIVING ELECTRONIC NOTICES BY CONTACTING US IN WRITING:
BY U.S. MAIL:
Hawaii State Federal Credit Union
Member Account Services
560 Halekauwila Street
Honolulu, HI 96813-5085
HSFCU may rely on the e-mail address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your address.
Electronic communications may not always be encrypted. You acknowledge and assume the risk that data, including e-mail, electronic communications and personal data, may be accessed by unauthorized third parties.
AGREEMENTS AND DISCLOSURES
HSFCU's Agreements and Disclosures applicable to your HSFCU Account and the transactions in which you are engaging supplement these Terms and Conditions. The Agreements and Disclosures may describe greater rights provided to you, pursuant to applicable law for specific types of transactions. To the extent that these Terms and Conditions conflict with such provisions provided to you by law, those provisions control.
You will indemnify and hold HSFCU, its affiliates, vendors, directors, officers, employees, volunteers, and agents (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by you or anyone accessing the site or effecting an Electronic Service through you. You agree to indemnify the Indemnified Parties against any and all resulting claims, damages, costs, and attorneys' fees.
You understand and agree that HSFCU does not guarantee or warrant that files available for downloading from the Internet will be free of viruses or other codes, files, programs or anything else that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. HSFCU does not assume any responsibility or risk for your use of the Internet or this site.
Under no circumstances will HSFCU be liable for any damage or loss resulting from failure of any equipment, communications or interconnection problems; actions or inaction of any third party; operator error; natural events; labor disturbances; or any cause over which HSFCU does not have sole control.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE, " WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HSFCU DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HSFCU DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HSFCU DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HSFCU MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME SUBJECT TO APPLICABLE LAW. YOU, AND NOT HSFCU, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. HSFCU MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
LIMITATION ON LIABILITY
HSFCU AND THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER DAMAGES, EVEN IF HSFCU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT AS OTHERWISE REQUIRED BY LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HSFCU AND THE INDEMNIFIED PARTIES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO HSFCU FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, EXCEPT AS OTHERWISE REQUIRED BY LAW.
HSFCU may monitor your password and require you to change it. If you use a password that HSFCU considers insecure or inappropriate, HSFCU may terminate your access to the site and Electronic Services.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed to compromise security (e.g., password guessing programs, cracking tools or network probing tools) is prohibited.
YOU WAIVE AND HOLD HSFCU AND THE INDEMNIFIED PARTIES HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ACTION TAKEN BY HSFCU, INDEMNIFIED PARTIES, OR LAW ENFORCEMENT AGENCIES TO INVESTIGATE ANY POSSIBLE OR ACTUAL MISUSE.
This site may be hyper-linked to other sites that may not be affiliated with or endorsed by HSFCU. HSFCU makes no representations or warranties about the content or accuracy of any hyper-links. Hyper-links are used at the user's risk. Using a hyper-link may identify you as a member of HSFCU to the other site operator.
The material and content accessible from this site (the "Content"), is the proprietary information of HSFCU (or the third party providing the Content), and HSFCU (or such third party) retains all right, title, and interest in the Content. The Content may not be copied or used in any way without the prior written consent of HSFCU (or such third party), except that you may print out a copy of the Content solely in connection with your use of the Electronic Services for your HSFCU Account. Any modification or use of the Content except as expressly provided in these Terms and Conditions is prohibited.
CONSENT TO JURISDICTION AND VENUE IN HAWAII; HAWAII LAW APPLIES; ENFORCEMENT
These Terms and Conditions will be governed and interpreted pursuant to the laws of Hawaii (without regard to conflicts of law). You consent to personal jurisdiction in Hawaii in connection with any dispute between you and HSFCU arising out of these Terms and Conditions or pertaining to the subject matter hereof. The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the state and federal courts in Honolulu, Hawaii. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed amended and enforced to the fullest extent possible and will not affect the validity and enforceability of any remaining provisions.