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TERMS OF SERVICE

Please read the following carefully before using our website. If you do not agree to be bound and bide  by the Terms of Service you are not authorized to use this website.  

All Lanikai Capital Advisors LLC, its affiliates and subsidiaries (“LCA”) services and transactions are subject to the terms of any applicable agreements governing their use.

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These terms of use are entered into by and between you and Lanikai Capital Advisors LLC and its affiliates and subsidiaries ("LCA" “Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of www.lanikaicapitaladvisors.com including any content, functionality, and services offered on or through lanikaicapitaladvisors.com (the “Website“), whether as a guest or a registered user.  For purposes of these Terms of Use, “you” includes you and your agents (such as a mortgage broker) using the Website and acting on your behalf, and any principal (such as an LLC or other entity) on whose behalf you are acting when accessing the Website.

 

The information on this site is general only; it is not intended as specific lending, investment, financial, accounting, legal or tax advice for any individual or company and you should not rely on it as such. LCA and its affiliates are not responsible in any way for any damages (direct, indirect, special or consequential) resulting from your use of this site or the information on the site. You are solely responsible for any information you provide to us or other users in connection with this site or use thereof or through any e-mail feature. LCA and its affiliated websites, if any, act merely as a passive conduit for online distribution of your information.

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Prohibited Uses And Content Standards 

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Your information and your activities on the site shall not:

(a) be fraudulent, false, inaccurate or misleading;

(b) use a trademark, copyright, patent, or other intellectual property in a way that infringes on the rights of any other person, company, or entity.

(c) knowingly infringe any third party’s proprietary rights or right of privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, any laws regarding the uploading of any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(e) be defamatory, libelous, obscene, indecent, otherwise objectionable, threatening, hateful or harassing to anyone;

(f) contain pornographic or sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

(g) make any misrepresentation that impersonates or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, Company logos, website, phone numbers, or by using email addresses associated with associated entities or individuals).

(h) make more than one identity or account on behalf you of yourself without the the explicit authorization or approval by by LCA or more than one identity or account on behalf of an entity without the the explicit authorization or approval by by the entity and LCA.

(i) uses the website in any way that causes us to lose (in whole or in part) the services of our ISPs or other suppliers, or creates liability for us. You agree that you will not take any action that instigates a disproportionately large or overly burdensome load on our infrastructure.

(j) use any electronic software, bots, spiders, devices, or other automatic processes to monitor or copy our website pages or the content contained herein without the prior expressed written permission of LCA.

(k) use any electronic device, software or process to interfere or attempt to interfere, damage, or disrupt the proper working of LCA or its affiliated websites or any activities conducted by LCA.

 

You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from LCA or its affiliated websites without the prior expressed written permission of LCA or the appropriate third party.

 

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User Information

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Any information and data you submit (“User Information”) must comply with the Content Standards set out in the Terms of Use of LCA.  You understand that user Information you provide to LCA via the Website will be collected as  non-confidential and non-proprietary. By submitting Information or Data on the Website or to our service providers platforms, you grant us and our service providers and each of their and our respective affiliates agents, and entities, the right in a lawful mannor to use, modify, recreate, share, and otherwise disclose to third parties any such material. 

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By submitting any and all information, content, or data you are warranting  that:

  • You own or have legal authorization to all rights in and to the submitted User Information and have the right to provide the licenses for such information, content and data above to us and our service providers and each of their and our respective affiliates agents, and entities,

  • All of the User Information complies with LCA's Terms of Use and will be considered non-proprietary and non-confidential. 

  • You are responsible for any User Information you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any User Information posted by you or any other user of the Website.

 

Company Rights, Enforcement, distribution, monitoring; Termination 

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You acknowledge we are within our rights if we:

  • Share or reveal your identity or other information about you to any third party including law enforcement for illegal or prohibited uses of the website.

  • Take appropriate legal action, including without limitation, of revealing, confirming, or identifying your identity third parties whom make claims related to material or data posted by you in some way violates their = intellectual property rights or their right to privacy, or some other right.

  • Take steps in the process to and completion of termination or suspension of access to any or all portions of the Website including without limitation, any violation of these Terms of Use, for any or no reason.

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Without limiting the foregoing, LCA has the right to cooperate with law enforcement authorities or comply with court orders requesting or directing us to disclose the identity or other information of anyone posting any materials, data, or other information on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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Website Changes and Reliance on Posted Information

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While every effort is made to ensure that the information, data, resources, and materials contained in this LCA site, including text, graphics, program details, links to other Internet resources or other items is accurate, they are provided on an “as is” basis. information on the Website may be out of date at any given time. LCA and its affiliates do not warrant the accuracy, adequacy, timeliness, or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express, or statutory is given in conjunction with the information and materials.

 

There are portions of Website that may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We do not undertake to review all material before it is posted on the Website by other parties. We have no liability or responsibility for any action or inaction correspondence, data, or content provided by any third party individual or company, We can not promise to you or any third party the accuracy of the content or any materials provided by any third parties. Nor, promise or ensure timely removal of objectionable material once posted to the website. We assume no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

The information and materials contained in this site are provided as a service only, do not constitute the official version of any of LCA’s disclosure documents and may not always be the most current source for information about LCA and its affiliates.

 

Changes To This Website

 

Changes may be made at any time to information and materials contained in this site without prior notice. Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a party’s computer.

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Changes to the Terms of Use

 

Updates and revisions to these Terms of Use may be made at any time, in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  Any continued use of the Website following the posting of revised or updated Terms of Use means that you accept and agree to the changes made. LCA expects you to review this page from time to time so you are aware of any and all changes, as they are binding on you.

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Disclaimer of Warranties

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The Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website 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. Additionally, in no event will LCA be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential or punitive damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of data or otherwise, even if LCA, or representatives thereof, are advised of the possibility of such damages, losses of expenses. Hyperlinks to other Internet resources or web sites are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by LCA and its affiliates.

 

Your use of the website, its content, and any services, materials, or information obtained through thie website is at your own risk LCA makes no representations whatsoever about any other web site which you may access through this one. When you access a non-LCA web site, please understand that it is independent from LCA, and that LCA has no control over the content on that web site. In addition, a link to a non-LCA web site does not mean that LCA endorses or accepts any responsibility for the content, or use, of such web site. No warranty is expressed or implied. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

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This web site may contain forward-looking statements about the operations, objectives and strategies of LCA. Forward-looking statements are typically identified by the words “believe”, “expect”, “anticipate”, “intend”, “estimate”, and other similar expressions. These statements are subject to risks and uncertainties. Actual results may differ due to a variety of factors, including legislative or regulatory development, competition, technological change, global capital market activity, interest rates and general economic conditions internationally. This list is not exhaustive of the factors that may affect any of LCA’s forward-looking statements. These and other factors should be considered carefully and readers should not place undue reliance on LCA’s forward-looking statements.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PROVIDED BY LAW, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

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TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Indemnification

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You agree to defend, indemnify, and hold harmless LCA and (as applicable) its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, 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 breach of this agreement, the documents it incorporates by reference, or your violation of any law or the rights of a third party, or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

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Governing Laws

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If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this agreement and all incorporated agreements may be automatically assigned by this site, without your written consent to a third party in the event of a merger or acquisition. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

 

Jurisdiction 

 

The parties acknowledge and agree that for any action relating to the Website and these Terms of Use, this agreement is deemed to be executed in, and shall be performed and governed in accordance with the laws of the State of Hawaii without regard to its conflicts of laws provisions, and such action shall only be brought in a federal court located in the State of Hawaii. All persons using or registering on this site unconditionally accept the above terms & conditions.

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Your Comments and Concerns

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This website is operated by Lanikai Capital Advisors LLC, 1441 Kapiolani BLVD, Suite 1115, Honolulu, HI 96814.  All feedback, comments, written notification of claims of copywrite material, and other communications relating to the Website should be directed to info at (@) lanikaicapital.com.

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Marketing Authorization

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By clicking our links or subscribing to our blog and or newsletter you agree to receive marketing material by us or our affiliates and joint marketing partners.

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© 2024 Lanikai Capital Advisors LLC

 

*Rates, terms and conditions offered apply only to qualified borrowers in accordance with lender guidelines at the time of application, property factors and geography and are subject to change at any time without notice. This is a non-binding expression of interest and does not create any legally binding commitment or obligation on the part of Lanikai Capital Advisors LLC, its affiliates, or end funding sources and are subject to our credit, legal and investment approval process. Not available where prohibited by law, or in states where Lanikai Capital Advisors, LLC does not trade. Loans are available only on non-owner occupied real property. We do not make consumer loans or loans primarily for personal, family or household use. This is not a commitment to lend. All offers of credit are subject to approval. Restrictions may apply.

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Some of the links in this post are affiliate or joint marketing links and Lanikai Capital Advisors LLC may earn a commission. Our mission remains to provide valuable resources and information that helps real estate investors finance and manage their investment properties efficiently and profitably. We link to these companies and their products because of their quality, not because of the commission.  By clicking our links you agree to receive marketing material by us or our affiliates and joint marketing partners. 

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