Terms of Service

Purpose

HEC administers the website at "http://www.hecouncil.org" (the "website").  The website provides information about Hawaii Employers Council (“HEC”).

Agreement

These Terms of Service are effective immediately for users accessing HEC’s website or services with or without an account.  These Terms of Service govern access to and use of HEC’s products and services, including but not limited to events hosted by HEC, communications, newsletters, and other online resources.  

Binding Arbitration

Please note these terms include a binding arbitration provision and class action waiver.  By agreeing to these Terms of Service, you agree that all claims against HEC will be resolved by binding, individual arbitration and waive your right to bring or participate in any class, group, or representative action or proceeding except as stated below.

Privacy

Your use of this website is subject to HEC’s Privacy Policy (found below).  Please review our Privacy Policy, which also governs this website and informs you of the data we collect on the website and how we use such data.

Revisions, changes, and updates

HEC may revise information on this website or update these Terms of Service without notice to you.  All changes are effective immediately upon posting on HEC’s website.  If you do not agree to the revised Terms of Service, your recourse is to stop using HEC’s website and services.  Continued use of HEC’s website and services following a change to the Terms of Service indicates your acknowledgment and agreement to be bound by the revised Terms of Service.

HEC reserves the right to modify, suspend, or terminate the website or any component of the website to any individual, group, or everyone for any reason at HEC’s sole discretion.

Accounts

Access to certain portions of HEC’s website is available to only HEC members who must establish an account.  By creating an account, you agree to provide accurate, current, and complete information about yourself and to use HEC’s account management tools to keep such information accurate, current, and complete.

You also agree to keep your password confidential.  You acknowledge that your account belongs only to you and agree not to provide any other person with access to this website or portions of it using your username, password, or other security information.  You are responsible for maintaining the security of your account and password, and you are responsible for all actions taken with your account.

HEC may suspend or terminate your account for any reason at any time.  You may also deactivate your account at any time, for any reason by contacting [email protected].

Links

The website provides links to other third-party websites that are not owned or controlled by HEC ("Third-Party Sites").  HEC is not responsible for the content, security, or the privacy practices of Third-Party Sites.  Please review the privacy policies and any terms of use of each Third-Party Site you visit.  Unless we specifically state otherwise on HEC’s website, links to Third-Party Sites do not constitute or imply endorsement by HEC of those Third-Party Sites, the information they contain, or any products or services they describe.

You acknowledge and agree that HEC is not responsible or liable for the safety, accuracy, or legality of such Third-Party Sites, or resources contained therein.  Further, you acknowledge that HEC shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused by or connection with the use of or reliance upon any information or services available through any third-party content or services.   

Email communications

By submitting your email or telephone number on HEC’s website’s forms, you agree to receive communications by email or telephone from HEC.  These communications may include, but are not limited to promotional emails, newsletters, website or service updates, and surveys or questionnaires from HEC.

You may revoke your permission for HEC to communicate with you via email or telephone by following the instructions for managing your email preferences included with each email communication from HEC or by contacting HEC through our website.

Disputes

In the event of a dispute as to any matters relating to these Terms of Service, either party may enter into good faith negotiations between you and HEC’s representative.  If an agreement is not reached, you agree that any dispute shall be adjudicated exclusively by binding arbitration.  You may initiate such arbitration by written notice to HEC and HEC may serve you by email at the email address you provided to HEC.

Disclaimer

YOU EXPRESSLY AGREE THAT USE OF HEC’s WEBSITE AND SERVICE IS AT YOUR SOLE RISK.  BOTH THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  HEC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.

HEC is not responsible for any error, omission, defect, communications, or unauthorized access to, or alteration of any communication caused by the user, HEC, or third-party.  HEC is not responsible for any problems or technical malfunctions of network or phone lines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person's computer related to or resulting from using our website or services.  Under no circumstances will HEC or any of its affiliates or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the website or services, or any content posted on or transmitted from the website or relayed through the services provided  HEC does not guarantee or promise any specific results from your use of the website or services.

Limitation of liability

THE WEBSITE AND SERVICES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HEC OR ANY OF ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, COMPUTER DAMAGE OR SYSTEM FAILURE, BODILY INJURY, OR DEATH OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

YOU RELEASE HEC AND HOLD IT AND ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, SUPPLIERS, AND PROVIDERS, AND ANY THIRD-PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE WEBSITE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

To the extent HEC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HEC, ITS AFFILIATES, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD-PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE WEBSITE AND SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

Prohibited Uses

You may use this website only for lawful purposes and in accordance with these Terms of Service.  You agree that you will not and will not attempt to use this website to:

• Copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, or use this website and/or information provided therein to create a derivative work;
• Decompile, disassemble, and/or reverse engineer any portion of the Service, including any included third-party content or services;
• Violate any federal, state, local, or international law or regulation;
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• Transmit or send any mass unsolicited data packets, SMS tests, emails, or other traffic, including “junk mail”, “chain letter,” or “spam” or any other similar solicitation.
• Impersonate or attempt to impersonate any person or entity, including HEC or an HEC employee, or otherwise misrepresent your affiliation with a person or entity.
• Use the website in any what that harms HEC, its members, vendors, affiliates, or any other user of the website.

• Use any robot, spider or other automatic device, process or means to access the website for any purpose, including harvesting any information, monitoring, or copying any of the material on the website.
• Distribute any viruses or other harmful computer code through this website or any third-party content or service.
• Otherwise attempt to interfere with the proper working of the website.

Copyrights

Except as otherwise indicated, all content on the website, including text, graphics, logos, icons, photos, images, forms, audio, video, questionnaires, and software, is the property of HEC or its licensors and is protected by United States and international copyright laws. 

The compilation of all content on the Site is the exclusive property of HEC and is protected by United States and international copyright laws.

Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by HEC. Content and features are subject to change or termination without notice in the editorial discretion of HEC.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials appearing on the website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet statutory requirements imposed by the DMCA.  One place to find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright.

In accordance with the DMCA, HEC has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA.  Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to the General Counsel of HEC to the mailing address listed in the “How to Contact Us” section below.

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury.  We suggest that you consult your legal advisor before filing a notice or counter-notice.

Trademarks and service marks

The HEC initiative logo, “Moving Businesses Forward” is a registered business name of HEC or its affiliates. Other proprietary marks of HEC or third parties may be designated as such from time to time on the website through use of the TM, SM, or ® symbols.  Users of the website are not authorized to make any use of the HEC marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by HEC or the applicable third party.

Entire Agreement

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and HEC with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.

Governing law and jurisdiction

These Terms of Service, and all claims arising out or relating to these terms, will be  governed by the laws of Hawaii, without regard to its conflicts of law principles.

How to Contact Us

You may contact us regarding the website or your email preferences by sending a letter via U.S. mail or using our Contact Form.  Written correspondence should be sent to us at the following address:

Attn: IT Manager [email protected]
Mailing Address: 2682 Waiwai Loop
City, State, Zip: Honolulu, Hawaii 96819

Waiver and Severability

No waiver by HEC of any term or conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HEC to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Privacy Policy

Effective Date/Last Modified Date: 2/4/2026

This Privacy Policy (“Privacy Policy”) is designed to help you understand generally how Hawaii Employers Council (“HEC”) collects, uses and discloses certain information about you in connection with the website on which this Privacy Policy is posted (the “website”).

By using or accessing the website, you expressly accept the terms of this Privacy Policy and Terms of Service and consent to our collection, use, disclosure, and retention of information in accordance with this Privacy Policy.  This Privacy Policy is effective upon your first use of or access to the website.

IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE HEC’S WEBSITE OR SERVICES.

Information We Collect

“Personal Information” means information that you provide that personally identifies you, such as your name, phone number, mailing address, or email address.

Except as disclosed in this Privacy Policy, we do not collect any identifiable information about visitors to the website.

“Submitted Information” means Personal Information about you when you submit such information to HEC through the website (“Submitted Information”).  For example, HEC may collect Personal Information when you subscribe to HEC’s newsletters; inquire above or apply for membership with HEC; register for a HEC event; or order a product or service from HEC.

You may request changes to or the removal of your Submitted Information by contacting us a [email protected].  If HEC agrees to remove such Submitted Information, you acknowledge and agree that HEC may continue to retain such Submitted Information in its archives and backup locations, until such archives or backups are destroyed or overwritten.  

You agree not to submit Personal Information about others without prior written consent of the other party and HEC.

“Browsing Information” means information about an individual’s online activity that, by itself, does not identify the individual, such as: technical information, including webpages visited, browser type, and IP address; information about what you have searched for or looked at while using HEC’s website.  HEC may also use “cookies” or other tracking mechanisms in connection with the collection of Browsing Information.  A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive.  Browsing Information is collected on an aggregate, anonymous basis, which means that no Personal Information is associated with the data.  We do not share Browsing Information with other organizations for their independent use.

Use of Information

HEC may use your Submitted Information and/or Browsing Information for these purposes:

• to send you emails that you have requested;
• to fulfill your orders for HEC products and services;
• to communicate with you regarding an inquiry you have submitted to HEC;
• to troubleshoot and improve the website;
• to comply with HEC’s legal obligations; or
• for general administrative, technical, marketing, human resource, and other purposes related to our operations.

HEC uses third-party vendors to help us manage our email communications with you and handle transactions relating to the purchase and sale of our products and services.  While we supply our third-party vendors with Submitted Information, such information is used by the vendors to provide services to HEC or to communicate with you on our behalf.  Our third-party vendors do not share your these email addresses with anyone else for their independent use.

Even if you have given us permission to send emails to you, you may revoke that permission at any time by following the “unsubscribe” information at the bottom of the email.

Disclosure of Personal Information

Except as otherwise noted below, we do not disclose Personal Information to non-affiliated third parties  We may disclose Personal Information to non-affiliated third parties: (i) to fulfill specific requests that you have submitted; (ii) to provide, maintain, enhance, or add to the functionality of the website; (iii) when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on HEC; or (iv) to establish or exercise HEC’s legal rights or defend against legal claims, and to protect personal or public safety, or the property or interests of HEC, its agents and employees.  Under certain circumstances, HEC may be prohibited by law, court order or other legal process from providing notice of the disclosure, and HEC reserves the right to not provide such notice in its sole discretion.  HEC cannot ensure that your Personal Information will not be disclosed to non-affiliated third parties due to reasons beyond its reasonable control.

We may disclose Personal Information to affiliates if you have given HEC your consent to do so and we may disclose Browsing Information and/or aggregated information that does not include individual Personal Information to third parties performing services on our behalf.

HEC will transfer Personal Information and Browsing Information if HEC is acquired by or merged with a third party.  In this event, HEC will provide notice on the website prior to such transfer of Personal Information and Browsing Information.

Security

HEC will retain information as long as it is necessary and relevant for our operations.  HEC also retains Personal Information to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, or other actions permitted by law.  After it is no longer necessary to retain information, HEC will dispose of it according to our data retention and deletion policies.

To protect your Personal Information, HEC implements industry-standard security measures to protect the security of all information submitted through the website.  Despite these measures, the security of information transmitted through the website cannot be guaranteed.  HEC is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.  Users of the website are responsible for maintaining the security of any password, user ID or other form of authentication involved in accessing secure areas of HEC’s website.  In order to protect you and your data, HEC may suspend your use of the website or services, without notice, pending an investigation, if any breach of security is suspected.  Access to and use of password protection and secure areas of HEC’s website are restricted to authorized users only.  Unauthorized access to such areas is prohibited and may be enforced.

Updates to Privacy Policy

We may update this Privacy Policy from time to time as the website changes.  If we make material changes, we will post a notice of the changes to the Privacy Policy on the website.  Unless otherwise provided, the revised terms will take effect as of the Effective Date printed at the beginning the Privacy Policy.  We encourage you to periodically reread this Privacy Policy to see if there have been any changes that may affect you.  Once such changes become effective, your continued use of the website will signify your acceptance of the new Privacy Policy.  If you do not agree to the terms of this Privacy Policy, or any revised Privacy Policy, your sole and exclusive remedy is to discontinue using the website.

Third Party Information, Services and Tools

The website contains information provided by third parties.  Use of such information is governed by the privacy policies of such third parties and not HEC.  Please refer to such third parties for their privacy policy to determine how they collect, use, and disclose your information.

Do Not Track

Currently, various browsers offer a “do not track” or “DNT” option that sends a signal to websites visited by the user about the user’s browser DNT preference setting.  HEC does not currently commit to supporting the DNT browser setting, in part because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators.

Questions

If you have questions about this Privacy Policy or about how to access your Personal Information, please contact HEC at [email protected].