Acceptance of Terms
By accessing, browsing, or using this Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Site.
Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. These Terms apply to all visitors, users, and others who access or use the Site, regardless of the medium or device through which the Site is accessed.
If you are accessing or using this Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms "you" and "your" refer to that entity.
Use of the Site
This Site is provided for lawful purposes only and is intended to facilitate real estate inquiries, provide information about Maui real estate, and connect prospective buyers and sellers with Katrina Wilson and the services offered through Coldwell Banker Island Properties.
You agree not to use the Site in any of the following ways:
- Violate any applicable local, state, national, or international law or regulation, including but not limited to laws governing real estate advertising, consumer protection, and anti-discrimination.
- Post, transmit, or distribute any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, invasive of another's privacy, or otherwise objectionable.
- Impersonate any person or entity, including any employee or representative of the Company, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site, or that may harm the Company or users of the Site.
- Attempt to gain unauthorized access to any portion or feature of the Site, or to any other systems or networks connected to the Site.
- Use any automated means, including robots, scrapers, or data mining tools, to access, monitor, copy, or collect information from the Site without prior written consent.
- Transmit any software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the Site to send unsolicited commercial communications (spam), chain letters, or any form of unauthorized advertising.
- Collect or harvest any personally identifiable information from the Site without authorization, including account names or contact details.
- Engage in any activity that could damage, disable, overburden, or impair the Site's infrastructure or interfere with any other party's use of the Site.
Intellectual Property
All content on this Site — including but not limited to text, graphics, logos, photographs, images, video footage, audio clips, digital downloads, data compilations, and software — is the property of Katrina Wilson / Coldwell Banker Island Properties or its licensed content suppliers and is protected by applicable copyright, trademark, trade dress, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. The "Coldwell Banker" name and associated marks are trademarks of Coldwell Banker Real Estate LLC and are used under license. You must not use such marks without prior written permission of the applicable rights holder.
Permitted Uses
Personal, non-commercial viewing of content on the Site; sharing of listing information links for personal use; printing individual pages for personal reference.
Prohibited Uses
Reproducing, distributing, modifying, creating derivative works from, publicly displaying, or exploiting any Site content for commercial purposes without prior written consent.
Any unauthorized use terminates the limited permission granted herein and may violate copyright, trademark, and other laws. Nothing in these Terms grants you any right, title, or interest in the Site or its content other than the limited right to use the Site as set forth herein.
User Submissions
When you submit information, communications, feedback, suggestions, ideas, or other materials to the Site — whether through contact forms, email, or any other means — you acknowledge and agree to the following:
- Such submissions are considered non-confidential and non-proprietary, except to the extent they include your personal contact information (which is subject to our Privacy Policy).
- The Company may use, copy, disclose, distribute, incorporate, and otherwise utilize such submissions for lawful purposes, including responding to your inquiries and improving our services.
- You represent and warrant that you own or have the right to submit any content you provide, and that such content does not infringe upon the rights of any third party.
- You grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, and distribute any content you submit.
- The Company has no obligation to maintain, store, or return any submissions.
You are solely responsible for any content you submit and the consequences of submitting it. The Company does not endorse any user-submitted content or represent any views contained therein as our own.
Disclaimer of Warranties
THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permissible by applicable law, the Company expressly disclaims all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- Warranties that the Site will be available on an uninterrupted, timely, secure, or error-free basis.
- Warranties that any property information, valuations, market data, or other real estate content on the Site is accurate, complete, current, or reliable.
- Warranties that the Site is free of viruses, malware, or other harmful components.
- Warranties regarding any third-party content, products, or services accessible through links on the Site.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety. In such cases, the Company's warranties are limited to the minimum warranty protection permitted by applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE.
This limitation of liability applies regardless of the legal theory upon which the claim is based, including but not limited to:
- Loss of revenue, profits, data, business, or goodwill.
- Reliance on any information obtained through the Site, including property valuations, market data, or legal guidance.
- Unauthorized access to or alteration of your transmissions or data.
- Errors, mistakes, or inaccuracies in Site content.
- Conduct of any third party on the Site.
- Any bugs, viruses, Trojan horses, or similar harmful elements transmitted through the Site.
In no event shall the Company's total liability to you for all claims arising from or related to the use of the Site exceed the amount you have paid to the Company in the twelve (12) months preceding the claim, or $100.00 USD, whichever is greater. The foregoing limitations shall apply even if the Company has been advised of the possibility of such damages.
Real Estate Disclosures
Katrina Wilson is a licensed real estate salesperson in the State of Hawaii, affiliated with Coldwell Banker Island Properties. The following disclosures apply to all real estate activities conducted through or initiated by this Site:
- Agency Disclosure: Hawaii law requires that real estate licensees disclose their agency relationships to all parties in a transaction. Upon engagement, you will receive a formal agency disclosure consistent with Hawaii Revised Statutes Chapter 467.
- MLS Information: Property listing information presented on this Site may be sourced from the Realtors Association of Maui (RAM) Multiple Listing Service. This data is believed to be accurate but is not guaranteed. All property details should be independently verified.
- No Legal or Financial Advice: Content on this Site does not constitute legal, tax, financial, or investment advice. You should consult qualified professionals — including attorneys, CPAs, and financial advisors — before making any real estate transaction decisions.
- Equal Housing Opportunity: This Site complies with the Federal Fair Housing Act and all applicable state and local fair housing laws. We are an Equal Housing Opportunity provider.
- License Information: Coldwell Banker Island Properties is a licensed real estate broker in the State of Hawaii. License information is available upon request.
Third-Party Links & Content
This Site may contain links to third-party websites, services, or resources that are not owned or controlled by the Company, including but not limited to mortgage lenders, title companies, inspection services, property management companies, and government agencies.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, practices, or accuracy of any third-party websites or services. We do not endorse, warrant, or guarantee any third-party products or services referenced or linked from this Site.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly encourage you to review the terms and privacy policies of any third-party websites you visit. Any links to third-party sites are provided for your convenience only and do not imply any affiliation, sponsorship, or endorsement.
Privacy & Data Collection
Your use of this Site is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using this Site, you consent to the data practices described in our Privacy Policy.
In general, when you use this Site, we may collect:
- Information you provide voluntarily: Including your name, email address, phone number, property preferences, and any other information you submit through contact forms or communications.
- Automatically collected information: Including your IP address, browser type, operating system, referring URLs, pages visited, and time spent on the Site, collected through cookies and similar technologies.
- Real estate inquiry details: Property addresses, price ranges, and transaction-related information you share when requesting real estate services.
Information you provide is used to respond to your inquiries, facilitate real estate transactions, improve our services, and communicate with you about relevant Maui real estate opportunities. We do not sell your personal information to third parties. You may opt out of marketing communications at any time by contacting us at [email protected].
Governing Law & Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law provisions.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal or state courts located in Maui County, 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.
Before filing any formal legal action, both parties agree to attempt to resolve any dispute informally by contacting the other party directly. Informal resolution efforts shall last at least thirty (30) days from the date the party seeking resolution first provides written notice of the dispute to the other party.
Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.
Changes to These Terms
The Company reserves the right to modify, update, or replace these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice such as a prominent Site notice.
Your continued use of the Site after any changes to these Terms are posted constitutes your binding acceptance of those changes. It is your responsibility to review these Terms periodically for updates.
If we make material changes that significantly affect your rights or our obligations, we will make reasonable efforts to notify you through the Site or via the contact information you have provided, where applicable.
We reserve the right to discontinue, suspend, or modify the Site or any feature thereof at any time without notice and without liability to you.
Contact Information
If you have any questions, concerns, or requests regarding these Terms of Use, please contact us using the information below. We are committed to addressing all inquiries promptly and transparently.
Agent
Katrina Wilson, REALTOR®
Coldwell Banker Island Properties
Phone
Office
3750 Wailea Alanui Dr, Suite A-37
Wailea, Maui, HI 96753
For general legal notices, please send written correspondence to the office address above, marked "Attn: Legal / Terms of Use." We strive to respond to all inquiries within two (2) business days.