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TERMS OF USE

Thank you for visiting our website operated by HCRCA (the “Site”). These Terms of Use (“Terms”) govern your use of the Site and any services, features, or content offered by HCRCA (collectively, the “Services”). By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Site.

1. Introduction
The Site is provided by HCRCA. These Terms form a legally binding contract between you (“User”, “you”, “your”) and HCRCA. We may modify, supplement, or replace these Terms at any time by posting the updated Terms on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

2. Privacy Policy
Our collection and use of information through the Site and Services is governed by our Privacy Policy, which is incorporated herein by reference.

3. Proprietary Rights
The Site and all content, materials and services made available through it (including text, graphics, logos, images, audio, video, design, layout, look-and-feel, software and other materials, collectively “Content”) are owned by HCRCA or its licensors and are protected by intellectual property laws.

You may view and print copies of the Content for your personal, non-commercial use only, provided you keep all copyright and trademark notices intact.

You may not (unless explicitly permitted):

  • reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any part of the Site/Content for commercial use;

  • remove or alter any proprietary notices in the Content;

  • link to, frame, or mirror the Site without our prior written consent;

  • use the Content for any purpose that is unlawful or prohibited by these Terms.

4. Digital Content / Services

  • If we make available any digital files, reports, membership materials, training or event content (collectively “Digital Content”), you are granted a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Digital Content solely for your internal, non-commercial use, subject to these Terms.

  • You may not sell, license, assign, rent, lease, distribute, broadcast or otherwise transfer Digital Content to any other party.

  • You may not bypass, circumvent or disable any digital rights management (“DRM”) or other technological protection measures applied to the Digital Content.

5. Use of Account; Risk of Loss

  • If you create an account or login to access membership or event services on the Site, you agree to provide accurate, current and complete information and to maintain the confidentiality of your account credentials.

  • You are responsible for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use.

  • You may not use the Site or Services for any purpose that is illegal or violates these Terms (e.g., infringing intellectual property rights, hacking, uploading malicious software, or interfering with the operation of the Site).

  • We reserve the right, in our sole discretion, to refuse service, cancel orders, terminate accounts or remove or edit content.

6. Security
You must not violate the security of the Site or attempt to gain unauthorized access to the Site, other user accounts, or computer systems or networks connected to the Site. Any such actions may result in civil and criminal liability and if we believe a violation has occurred we may cooperate with law enforcement.

7. Submitted Materials

  • If you send us any suggestions, ideas, concepts or proposals via the Site (including comments, blog posts, discussion boards, uploaded files) (“Submitted Materials”), you grant HCRCA a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the Submitted Materials in any media now known or hereafter invented.

  • You represent and warrant that you own or otherwise have the necessary rights in the Submitted Materials and that the Submitted Materials do not infringe any third-party rights or contain confidential or proprietary information.

8. Third-Party Websites
The Site may contain links to third-party websites or services (“Linked Sites”). HCRCA does not control, endorse, or assume any responsibility for such Linked Sites or their content, privacy practices or terms. Your access to and use of Linked Sites is at your own risk; you should review the relevant terms and privacy policies before use.

9. Indemnification
You agree to defend, indemnify and hold harmless HCRCA, its officers, directors, employees, agents, affiliates and licensors from and against any claims, liabilities, damages, losses or expenses (including attorneys’ fees) arising from or relating to your (i) use of or access to the Site or Services; (ii) violation of these Terms; (iii) violation of any third-party right, including intellectual property rights; or (iv) violation of any applicable law or regulation.

10. Disclaimers

  • THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.

  • HCRCA does not warrant that the Site or Services will be uninterrupted, error-free or secure, nor does it guarantee that any defects will be corrected.

  • Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • IN NO EVENT WILL HCRCA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF HCRCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • HCRCA’s aggregate liability for claims arising from or related to these Terms, the Site or the Services will in no case exceed an amount equal to [insert nominal amount or “the fees you paid to us in the prior 12 months”, or “nothing”] (whichever is greater).

  • Some jurisdictions do not permit exclusion or limitation of certain damages, so these limitations may not apply to you fully.

12. Release
If you have a dispute with another user of the Site or Services, you release HCRCA and its officers, directors, employees, agents and affiliates from all claims, demands and damages of every kind (known or unknown, suspected or unsuspected) arising out of or in connection with such dispute.

13. Claims of Infringement
We respect the intellectual property rights of others and expect users to do the same. If you believe that any content on the Site infringes a copyright that you own, please provide our designated agent with a written notice containing the following information:

  • A description of the copyrighted work you claim has been infringed;

  • A description of the location of the infringing material on the Site;

  • Your contact information;

  • A statement that you have a good-faith belief that use of the material is not authorized;

  • A statement, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

  • HCRCA may remove or disable access to the allegedly infringing material and terminate access for repeat infringers.

14. Termination
HCRCA may, in its sole discretion, restrict, suspend or terminate your access to all or any part of the Site or Services at any time, for any or no reason, without notice or liability to you. You may terminate these Terms for yourself at any time by discontinuing use of the Site and Services.

Sections of these Terms which by their nature should survive termination (including Proprietary Rights, Indemnification, Disclaimers, Limitation of Liability, Claims of Infringement, General) will survive any termination.

15. Severability
If any provision of these Terms is held to be invalid, void or unenforceable, in whole or in part, in any jurisdiction, such provision will be limited or eliminated to the maximum extent permissible so that these Terms will otherwise remain in full force and effect and enforceable.

16. Governing Law & Jurisdiction
These Terms will be governed by the laws of the State of Hawaii without regard to its conflict of law provisions. You agree that the exclusive jurisdiction and venue for any actionable claim or dispute arising under these Terms will be in the state or federal courts located in [insert county], Hawaiʻi. You consent to personal jurisdiction in those courts.

17. General
These Terms constitute the entire agreement between you and HCRCA concerning your use of the Site and supersede all prior or contemporaneous agreements, representations, warranties, and understandings. Any failure by HCRCA to enforce any provision of these Terms will not be construed as a waiver of such provision or right. HCRCA may assign its rights and delegate its obligations under these Terms in connection with a merger, acquisition or sale of all or substantially all of its assets.

10. Contact Us
If you have questions or concerns about these terms or your personal information, please contact us at:
hawaiireportershcrca@gmail.com

Effective Date: October 1, 2025

© 2025. All rights reserved.

© 2025 Hawaii Court Reporters & Captioners Association (HCRCA).

Privacy Policy I Terms of Use