Terms of Service & Privacy Statement

Terms of Service

Purpose

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

Agreement

Your use of this Site is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms and Conditions”). BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

Privacy

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

Revisions, changes, and updates

We may revise the information on the Site or otherwise change or update the Site, including these Terms and Conditions, without notice to you. HEC may also make improvements and/or changes in products and/or services described on the Site or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Site will signify your continued agreement to these Terms and Conditions as they may be revised.

Links

The Site provides links to other 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 the Site, links to Third-Party Sites do not constitute or imply endorsement by HEC of those sites, the information they contain or any products or services they describe. HEC does not receive payment or other remuneration in exchange for you linking to or using any Third-Party Site.

Access, correction, and data integrity

Although we attempt to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, and other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting our IT Manager at jchun@hecouncil.org.

Email communications

By submitting your email on the Site’s contact form, membership application form, subscription form, or product or service order form, you agree to receive communications by email. These communications may include (but are not limited to):

  • Periodic HEC Newsletters
  • Responses from the Site’s Web Manager and/or HEC representative
  • Site & service updates
  • Surveys or questionnaires regarding Site features and possible improvements

You may revoke your permission for us to communicate with you via email by following the instructions for managing your email preferences included with each email communication from us, or by writing to us by the methods described in the “How to Contact Us” section below.  

Disclaimer

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.  YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE SITE AND ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND THIRD-PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HEC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE SITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY HEC UNLESS SPECIFICALLY STATED OTHERWISE.

Limitation of liability; choice of law

HEC AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AFFILIATES, SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST REVENUE, LOST PROFITS, LOST DATA, LOSS OF USE, BUSINESS INTERRUPTION, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY THIRD-PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR THIRD-PARTY WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

Governing law and jurisdiction

These Terms and Conditions are governed by Hawaii law without regard to its principles of conflicts of law.  If any version of the Uniform Computer Information Transactions Act (UCITA) is enacted as part of the law of Hawaii, that statute shall not govern any aspect of these Terms and Conditions.

Any legal action or proceeding arising out of, or related to, these Terms and Conditions shall be instituted exclusively in a court of competent jurisdiction in the 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.

Indemnification

You agree to defend, indemnify and hold harmless HEC, its affiliates and their respective employees, agents, officers, directors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Site. 

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms and Conditions.  You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • 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.
  • To transmit, or procure the sending of any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate HEC, an HEC employee, or a user of the Site including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm HEC or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

Copyrights

Except as otherwise indicated, all content on the Site, including text, graphics, logos, button 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. You may not reproduce, distribute, modify, create derivative works of, republish, download, store or transmit any of the material on the Site, except that you may view or download a single copy of the material on the Site solely for your personal, noncommercial use.

The compilation of all content on the Site is the exclusive property of HEC and is protected by United States and international copyright laws. Unless specifically authorized in writing by HEC, any use of these materials, or of any materials contributed to the Site by entities other than HEC, on any other website or networked computer environment for any purpose is prohibited.

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 Site 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 [name the designated agentthe 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

"HEC" and the HEC Initiative logo“We Know HR” are is a registered service marks of HEC or its affiliates. Other proprietary marks of HEC or third parties may be designated as such from time to time on the Site through use of the TM, SM, or ® symbols. Users of the Site 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 and Conditions and our Privacy Policy constitute the sole and entire agreement between you and HEC with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

How to Contact Us

You may contact us regarding the Site 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 webadmin@hecouncil.org
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

 

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 “Site”).

The Site is intended for individuals 18 years of age or older.  By using or accessing the Site, you represent and warrant that you are at least 18 years of age.  If you are not at least 18 years of age or do not agree with the terms of this Agreement, do not use or access the Site.

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

Information We Collect

Personal Information.  “Personal Information” means information 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 Site.

Submitted Information.  HEC may collect Personal Information about you when you submit such information to HEC through the Site (“Submitted Information”).  For example, HEC may collect Personal Information such as your email address when you:

  • Subscribe to HEC’s newsletters and updates
  • Apply for membership with HEC
  • Register for a HEC event
  • Order a product or service from HEC

HEC may, in the future, include other requests for Personal Information from you to help HEC tailor the Site for you and deliver personalized information to you.  You may request changes to or the removal of your Submitted Information by contacting Barry Yasuda at byasuda@hecouncil.org.  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 our prior written consent.

Browsing Information.  When you use the Site, HEC or HEC’s servers (which may be hosted by a third party service provider) collect information automatically about your activities while using the Site (“Browsing Information”).  Browsing Information may include the web pages you view, the times you view them, the search terms you use, information about the browser you are using as well as your IP address.  An IP address is a number that identifies your computer’s location on the Internet and may be automatically assigned to your computer when you use the Internet.  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. HEC may, in the future, collect other Browsing Information from you to help us tailor the Site for you and deliver personalized information to you.  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 Site
  • to comply with HEC’s legal obligations
  • for general administrative, technical, marketing, human resource, and other purposes related to our operations.

HEC uses a 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. When you click on a link in an email, you may temporarily be redirected through one of the vendor's servers (although this process will be invisible to you) which will register that you have clicked on that link, and have visited the Site. Our third-party vendors do not share your these email addresses with anyone else for their independent use.  Our third-party vendor may share your Submitted Information to its affiliates for the purpose of providing services to HEC.

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 Site; (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, or portfolio companies.  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 and we may disclose Browsing Information and/or aggregated information that does not include individual Personal Information to third parties.

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 Site prior to such transfer of Personal Information and Browsing Information.

Security

To protect your Personal Information against unauthorized disclosure or access, HEC implements reasonable uses technical and organizational security measures.  Despite these measures, the confidentiality of any communication or material transmitted to or from us via the Site by Internet or email cannot be guaranteed.

Updates to Privacy Policy

We may update this Privacy Policy from time to time as the Site changes.  If we make material changes to this Privacy Policy, we will post a notice of the changes to the Privacy Policy on the Site.  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 Site 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 Site.

Third Party Information, Services and Tools

The Site contains information, services and tools provided by third parties, whether through embedded modules, links or other technologies.  Use of such information, services and tools may be 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, please contact HEC’s IT Manager by email at jchun@hecouncil.org.

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