Terms of use - I'm In Hana

Thank you for visiting iminhana.com. We, at iminhana.com, are delighted to offer you our services. By accessing our servers, services, and website, or engaging with any associated content or postings, collectively referred to as “IIH,” you indicate your agreement to abide by these Terms of Use (“TOU”), which were last updated on August 29, 2023. It is important to note that IIH is a privately owned and operated website, owned by A DAVEY COMPANY, LLC.

If you are accessing or using IIH on behalf of a business entity, you confirm that you possess the authority to accept the TOU on behalf of that business, and that the business concurs with the TOU. In the event that you do not concur with the TOU, kindly refrain from utilizing IIH. We retain the right to amend the TOU at our sole discretion. It is your responsibility to periodically review any modifications, and your continued use of IIH implies your acceptance of these changes. Furthermore, we would like to bring your attention to our privacy policy (iminhana.com/privacy-policy), the prohibited list (iminhana.com/prohibited), along with all other policies, site regulations, and agreements that are either referenced below or on IIH. These are fully integrated into this TOU, and your agreement to them is implicit.

Grant of License

Should you acknowledge the Terms of Use (TOU) and satisfy either of the following criteria: (1) possess the necessary age and legal capacity to utilize IIH and abide by the TOU, or (2) engage with IIH on behalf of a business entity, thereby obliging said business to the TOU, we extend to you a limited, non-exclusive, non-assignable, and revocable license to access IIH. This license is contingent upon your adherence to the provisions of the TOU. Unauthorized usage constitutes a breach of this license.

Furthermore, you pledge not to engage in activities such as displaying, framing, creating derivative works, distributing, licensing, or selling content derived from IIH. It is important to clarify that this exclusion does not encompass postings generated by you.

Moreover, by posting content on IIH, you grant us an everlasting, worldwide, sublicensable, fully paid, unlimited, and irrevocable license to employ, copy, display, distribute, and craft derivative works from the content you contribute.

Usage Guidelines

Your engagement with IIH is subject to a set of clear and defined usage parameters. Please take a moment to familiarize yourself with these guidelines:

Software and Services Interaction: Unless authorized through a distinct written or electronic agreement with us, you are prohibited from utilizing or providing software or services that interact or interface with IIH. This applies to activities such as downloading, uploading, establishing/accessing accounts, posting, flagging, emailing, searching, or engaging through mobile devices. Notably, our App and general-purpose web browsers and email clients are exempt from this restriction.

Content Collection and Interaction: You agree not to engage in the collection or copying of IIH content through methods like robots, spiders, scripts, scrapers, crawlers, or any form of automated or manual equivalent. Misleading, unsolicited, or unlawful postings, communications, or accounts are strictly prohibited. The purchase or sale of accounts is also forbidden.

Content Posting and Moderation: The content you post on IIH must adhere to the platform’s policies and rules, including refraining from posting any content categorized as “Prohibited Content.” Additionally, you should refrain from abusing IIH’s flagging or reporting mechanisms. We reserve the right to moderate IIH access and use, such as filtering, re-categorizing, re-ranking, deleting, and more. You acknowledge our right to moderate, and nothing we communicate or implement waives this right.

Usage of IIH and API: Without explicit written or electronic authorization from us, you are restricted from actions including (i) selling, publishing, distributing, sublicensing, or making available IIH or our application programming interface (“API”); (ii) modifying, reverse engineering, translating, localizing, or creating derivative works of the App, API, website code, or any software used for IIH; (iii) combining IIH or the API with unauthorized software, technology, services, or materials; (iv) evading functionality that controls IIH or the API’s access; (v) altering copyright, trademark, or proprietary rights notices. Additionally, you agree not to infringe upon any intellectual property or other rights of individuals or entities, or violate any applicable laws while using IIH or the API.

These guidelines provide a comprehensive overview of acceptable usage of IIH. Failure to adhere to these guidelines may result in restricted access or account termination. Please remember that the responsibility to ensure compliance lies with you, the user.

Liquidated Damages

In the scenario of your breach of the TOU, or if you actively engage, support, gain advantage from, or incite others to breach the TOU in relation to IIH, you hereby consent to being held collectively and individually accountable to us for liquidated damages. The ensuing designated amounts shall be applicable for each respective violation:

(A) Collection or harvesting of IIH users’ information, including personal or identifiable details: $1 per infraction.

(B) Publication or misuse of personal or identifiable details of a third party linked to your IIH use, without explicit written consent: $1,000 per infraction.

(D) Posting or attempting to post Prohibited Content: $400 per infraction.

(E) Posting or attempting to post Prohibited Content within any paid IIH section: The relevant post price for that specific section.

(F) Sending unauthorized or unsolicited emails to email addresses obtained from IIH: $25 per infraction.

(G) Using IIH user information to initiate unauthorized or unsolicited text messages, calls, or communications to IIH users: $500 per text, call, or communication.

(H) Creation of misleading or unlawful IIH accounts, or participation in the purchase or sale of IIH accounts: $4 per infraction.

(I) Abuse or attempted abuse of IIH’s flagging or reporting mechanisms: $100 per infraction.

(J) Distribution of software aimed at facilitating violations of the Usage Guidelines section: $1,000 per infraction.

(K) Aggregation, display, framing, duplication, reproduction, creation of derivative works, distribution, licensing, selling, or exploitation of IIH content for any purpose without our explicit written consent: $3,000 for each day of such violations.

(L) Requesting, viewing, or accessing more than 1,000 pages of IIH within a 24-hour period: $0.25 per page beyond the initial 1,000 pages during the 24-hour period.

(M) Attempting to bypass or bypassing our moderation efforts: $400 per infraction.

It is crucial to recognize that these predefined amounts are (1) a reasonable approximation of our damages (considering the complexity of calculating actual damages), (2) non-punitive in nature, and (3) not restricting our right to seek remedies under any legal theory or claim, including statutory damages and other equitable solutions. Furthermore, you acknowledge that repeated violations of the Usage Guidelines section will result in significant harm, and therefore, provide us the authority to seek injunctive or equitable relief, in addition to monetary damages.

Posting Fees and Charges

In the event that you create a paid posting (fess for services are $10 for 30 calendar days), you grant us the authorization to debit your account for the relevant charges. Any applicable taxes will be added to the total amount. Please note that all fees are non-refundable, including cases where we choose to remove, delay, omit, re-categorize, re-rank, or otherwise moderate posts. It’s important to acknowledge that we retain the right to decline any posting at our discretion.

DISCLAIMER & LIABILITY

In accordance with the extent allowed by law, IHH Entities, which encompass entities such as craigslist, Inc., its officers, directors, employees, agents, licensors, affiliates, and successors in interest, provide the following clarifications:

Absence of Assurances or Representations: IHH Entities refrain from offering any assurances, warranties, or representations concerning IHH. This encompasses facets such as the completeness, accuracy, availability, timeliness, propriety, security, or reliability of IHH.

IHH’s Availability: IHH is presented in an “AS IS” and “AS AVAILABLE” state, and you bear the responsibility for any risks associated with its utilization.

Disclaimer of Warranties: IHH Entities disavow all warranties, whether express or implied, encompassing accuracy, merchantability, suitability for a particular purpose, and non-infringement. Furthermore, warranties stemming from the course of dealings, usage, or trade practices are also disclaimed.

Limitation of Liability: IHH Entities relinquish liability or accountability for your actions, omissions, or conduct, as well as those of any parties affiliated with IHH. They shall NOT be held accountable for direct, indirect, consequential, incidental, special, punitive, or any other form of loss, encompassing lost profits, revenues, data, goodwill, and more, arising from or related to IHH. In no circumstances shall their liability exceed $100 or the total amount paid to them within the year preceding the said loss.

CLAIMS & INDEMNITY

Governing Law: Any Claims arising from or tied to IHH will be governed by the laws of the state of Hawaii, with the exception of conflicts of law provisions that adhere to US federal law.

Exclusive Resolution: Claims shall be exclusively resolved in courts located in Hana, HI, with the exception of preliminary or injunctive relief. By engaging in this agreement, you consent to the personal jurisdiction of these courts.

Indemnification: You commit to indemnifying and safeguarding IHH Entities against Claims, losses, liability, or expenses, including legal fees, that stem from third-party affiliations and are related to your utilization of IHH.

Liability for Beneficiaries: You hold responsibility and accountability for any Claims that IHH Entities might assert against any party acting in your favor, encompassing officers, directors, employees, agents, affiliates, or any other party that directly or indirectly receives payment, direction, or control from you.

The trademark “IMINHANA.COM,” “IHH,” and the logo are copyrighted within the confines of this website.

MISCELLANEOUS

This agreement encompasses the entire comprehension between you and us, replacing any former agreements. Users complying with prior written licenses may access IHH under those conditions until the authorization is terminated. Our silence or actions do not alter the agreement’s terms. The sections pertaining to USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY endure even after the agreement’s termination. If a term proves unenforceable, it will be curtailed and supplemented by a valid provision that aligns with the parties’ intent. The English version of the agreement prevails over translations. If you suspect any content infringes upon your intellectual property rights, kindly get in touch with us.