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HELCO Terms of Use

LEGAL NOTICE AND TERMS OF USE

Welcome to the Web site of Hawaii Electric Light Company, Inc. ("HELCO"). Your use of this Web site constitutes your agreement to be bound by this legal notice and terms of use, HELCO's privacy policy and other applicable terms of use.

Proprietary Rights

The content of this Web site, including but not limited to all information, data, text, software, music, images, sounds, photographs, video, messages and other materials, and the arrangement thereof, is the property of HELCO and constitutes copyrights, trademarks, service marks or other intellectual property or proprietary rights owned or licensed by HELCO. The name and logo of HELCO, and the names and logos of HELCO's subsidiaries or affiliated companies, that appear in this site are trademarks and trade names protected by law.

Usage Restrictions

HELCO hereby authorizes you to copy and display the content of this Web site for your personal, noncommercial, informational use only. Any copy you make must include this copyright notice: Copyright 2006 by Hawaii Electric Light Company, Inc., all rights reserved. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit any of the content, in whole or in part, for any purpose. Except as expressly authorized in this paragraph, you are not being granted a license under any copyright, trademark, service mark, patent or other intellectual property or proprietary right in the content. Under no circumstances will you obtain any rights in the products, services, processes or technology described in the content. All those rights are retained by HELCO, its affiliates and any third-party owners of those rights.

Information Provided by You

Any information communicated to HELCO through this site is the exclusive property of HELCO. HELCO is entitled to use any information submitted for any purpose in accordance with the terms of this site's privacy policy and without compensation to the person sending the submission. You acknowledge the originality of any submission communicated to HELCO and accept responsibility for its accuracy, appropriateness and legality.

Your Registration Obligations

In consideration of your use of this Web site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the on-line registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HELCO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HELCO has the right to suspend or terminate your account and refuse any and all current or future use of this Web site (or any portion thereof). 

E-mail Notifications

If you have requested this option, an e-mail notification that your on-line bill is available for viewing is a courtesy and will be sent to the e-mail address you have provided us. You must ensure that the information you provide is accurate and you must notify us if your e-mail address changes. In any event, if for some reason you do not receive an e-mail notification, please understand that it is still your responsibility to periodically log on and check for the delivery of new electronic bills. You are responsible for ensuring timely payment of your bill even if you do not receive an e-mail bill ready notification.

HELCO Privacy Policy

Registration Data and certain other information about you is subject to our  Privacy Policy. For more information, see our full privacy policy located on the footer of every page.

Member Account, Password and Security

You will establish a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HELCO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HELCO cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

Member Conduct

You understand that by using this Web site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will HELCO be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via this Web site.

You agree to not use this Web site to:

  1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
  2. Harm minors in any way
  3. Impersonate any person or entity, including, but not limited to, a HELCO official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Web site
  5. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  6. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
  7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose
  8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of this Web site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
  10. Interfere with or disrupt this Web site or servers or networks connected to this Web site, or disobey any requirements, procedures, policies or regulations of networks connected to this Web site
  11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
  12. "Stalk" or otherwise harass another
  13. Collect or store personal data about other users

You acknowledge that HELCO does not pre-screen content, but that HELCO and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via this Web site. Without limiting the foregoing, HELCO and its designees shall have the right to remove any content that violates this legal notice and terms of use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you many not rely on any content created by HELCO or submitted to HELCO, and residing on this Web site.

You acknowledge and agree that HELCO may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this legal notice and terms of use; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HELCO, its users and the public.

You understand that the technical processing and transmission of the content of this Web site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HELCO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this Web site.

Links to Other Sites

Some of the sites listed as links in this site are not under the control of HELCO and so we make no representations whatsoever concerning the content of those sites. HELCO is not responsible for the content of any Web sites linked to our site or for the terms of use or privacy practices employed by those other sites. References in this Web site to names, marks, products or services of third parties or hypertext links to third-party Web sites or information do not constitute or imply HELCO's endorsement, sponsorship or recommendation of the third party or its products and services.

Disclaimer of Warranties

Although we believe the content of this Web site to be accurate, complete and current, we make no warranty as to the accuracy, completeness or currency of the content. The content of this site may contain technical inaccuracies or typographical errors. It is your responsibility to verify any information before relying on it; we are not responsible for any reliance you may place on the content. HELCO may make changes to the content and the products, services and programs described in the content at any time without notice.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.          
  2. THE CONTENT OF THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HELCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE OR ABSENCE OF VIRUSES. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF OUR WEB SITE.
    HELCO MAKES NO WARRANTY THAT (i) THE CONTENT OF THIS WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HELCO OR THROUGH OR FROM THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS LEGAL NOTICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HELCO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HELCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS WEB SITE OR ITS CONTENTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THIS WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEB SITE.

Modification

HELCO may supplement these terms at any time. You may want to visit this Web site periodically to determine the current terms to which you are bound.

Indemnity

You agree to indemnify and hold HELCO, and its parent, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through this Web site, your use of or connection to this Web site, your violation of this legal notice and terms of use, or your violation of any rights of another.

Special Admonition for Content Relating to Financial Matters

If you intend to receive or request any news, messages, alerts or other information from this Web site concerning companies (including but not limited to HELCO, its parent, subsidiaries, or affiliates), stock quotes, investments or securities, please read the above Disclaimer of Warranties and Limitation of Liability again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. This Web site is provided for informational purposes only, and no content included in this Web site is intended for trading or investing purposes. HELCO shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via this Web site, and shall not be responsible or liable for any trading or investment decisions made based on such information.

General Information

These terms are governed and interpreted according to the laws of the State of Hawaii, United States of America, notwithstanding any principles of conflicts of law. You and HELCO agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of Honolulu, Hawaii. The failure of HELCO to exercise or enforce any right or provision of this legal notice and terms of use shall not constitute a waiver of such right or provision. If any part of these terms is unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Web site or its content must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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