These Terms of Use govern your access to and use of the website published at the domain on which this page appears, together with the inquiry form and the interactive map it contains. The site is published by Island Boutique Realty, Inc., a corporation licensed as a real estate brokerage by the State of Hawaii under license RB-22087, with its principal place of business at 65-1235 Opelo Road, Suite 6, Kamuela, Hawaii 96743.

By accessing or using this site you agree to these Terms. If you do not agree to them, do not use the site.

In these Terms, the firm, we, us and our mean Island Boutique Realty, Inc.; you and your mean the person accessing the site; and this site means the pages published at that domain together with the facilities they contain. Please read these Terms together with our privacy policy, our disclosures and our accessibility statement, each of which forms part of your agreement with us.

This site exists to identify the firm, to introduce its licensees, to describe the districts and communities of Hawaii Island in which the firm practices, to publish properties the firm has listed for sale, to publish articles of general interest, and to allow you to contact us.

This site is advertising. It is not a transactional platform. You cannot make an offer, sign a document, transfer funds or complete any part of a real estate transaction through it, and no facility on it is capable of doing so.

The site describes the firm's practice in Hawaii and is directed to that market. We make no representation that the material on it is appropriate or available for use elsewhere.

Reading this site, browsing a property or sending us an inquiry does not make us your broker and does not create an agency relationship. No fiduciary duty, no duty of confidentiality and no duty of representation arises from your use of this site.

A brokerage relationship with the firm begins only when a written agreement has been signed by you and by the firm. Until that happens, information you send us is not treated as confidential and you should not send us anything you would not want disclosed.

Hawaii requires that the nature of any brokerage relationship be disclosed to you in writing, and that the disclosure be made before you are asked to make or to accept an offer. HAR § 16-99-3.1 That disclosure is made in the transaction and not on this site.

Nothing on this site is an offer to sell, a solicitation of an offer to buy, or a binding representation of the terms on which any property is available. Every property published here is offered subject to prior sale, change of price or terms, and withdrawal without notice.

Any description, figure, photograph or plan is provided to help you decide whether to inquire further. It does not form part of any contract, and it is superseded in full by the written purchase contract and its addenda.

Property information published on this site is derived from the seller, from the multiple listing service and from county, state and federal records. It is deemed reliable but is not guaranteed by the firm.

Interior area, land area, bedroom and bathroom counts, year of construction, tax map key, zoning designation, subdivision, tenure, assessed value, real property tax, association fees, view designations and hazard zone designations are approximate, are drawn from records the firm neither maintains nor independently verifies, and are subject to change.

Any matter material to your decision must be verified independently, by inspection, survey, current title report, county record search or inquiry of the agency that holds the record, as the matter requires. Our disclosures set out the accuracy limits of specific categories of information in more detail.

The map published on our resources page is provided for general orientation only. The layers it draws are generalized public datasets compiled at regional scale and are not parcel specific.

Nothing on the map is a flood zone determination, a lava flow hazard determination, a zoning or land use verification, a boundary survey, or any representation as to insurability, financing, permitted use or development potential. The map deliberately has no address search, and no result it displays should be read as a finding about any particular property.

The underlying data belongs to the State of Hawaii, to the Federal Emergency Management Agency and to the OpenStreetMap contributors, is used on their terms, and may be amended or withdrawn by them at any time.

The firm does business in accordance with the Fair Housing Act and with Hawaii law, which together prohibit discrimination in the sale, rental, advertising or financing of housing on the basis of race, color, religion, sex, national origin, familial status, disability, ancestry, age, marital status, sexual orientation, gender identity or expression, or HIV infection. 42 U.S.C. § 3601 et seq.; HRS § 515-3

You may not use the inquiry form, or any other facility on this site, to communicate a discriminatory preference, limitation or requirement, or to ask us to act on one. It is unlawful to induce or attempt to induce a person to act on such a basis, and we will not do so. HRS § 515-3(7) An inquiry of that kind will not be answered on its terms.

You may view this site, and print or download individual pages, for your own personal and non-commercial use in evaluating a real estate transaction with the firm.

You may not:

• copy, scrape, harvest, index, mirror, frame or republish any part of this site, or its photographs, descriptions or data, for any commercial purpose;
• use any automated means to access the site, to extract data from it, or to place a load on it beyond ordinary human use;
• use the site or anything on it to train, fine tune or evaluate an automated or artificial intelligence system;
• attempt to gain access to any part of the site, any account, or any server or system connected to it, that has not been made available to you;
• probe, scan or test the vulnerability of the site, or breach or circumvent any security or authentication measure;
• interfere with the operation of the site or with any other person's use of it; or
• use the site for any unlawful purpose, or in any way that would expose the firm to liability.

We may suspend or refuse access to anyone who does any of these things, without notice and without limiting any other remedy available to us.

The photographs, floor plans, maps, articles, descriptions, page layouts and other material on this site are protected by copyright and are used by the firm with permission or under license. 17 U.S.C. §§ 106, 501 The firm's name, its logo and its marks are the property of the firm.

A listing photograph is generally owned by the photographer who made it rather than by the brokerage, the seller or the multiple listing service, and an infringement may carry statutory damages assessed per work. 17 U.S.C. § 504(c)

The REALTOR® mark and the Equal Housing Opportunity mark appearing on this site are the marks of their respective owners and are used under the terms those owners set.

If you believe material on this site infringes your copyright, write to Contact@islandboutiquerealty.com identifying the work, identifying the material you say infringes it and where on this site it appears, and giving us a means of reaching you. We act promptly on a substantiated claim.

When you send us an inquiry you agree that the information you give us is accurate and is yours to give. Do not send us a social security number, a taxpayer identification number, a financial account number, a password, or any document you regard as sensitive, through this site or by ordinary email. Nothing on this site asks for any of them, and a form that appears to is not ours.

Ordinary email is not a secure medium and is not encrypted end to end. Where a transaction requires sensitive information, we will tell you how to send it.

By sending an inquiry you consent to receive our reply electronically, and you agree that an electronic record and an electronic signature have the same effect as a paper one where the law allows it. 15 U.S.C. § 7001; HRS ch. 489E You may withdraw that consent for future communications by telling us so.

Be alert to wire fraud. Neither the firm nor any licensee will ever send you wiring instructions or a change of wiring instructions by email. Treat any message that appears to do so as fraudulent, and telephone the firm on a number you already hold before acting on it.

This site links to websites the firm does not operate or control, including public agencies, service providers and the platform on which our reviews appear. Those links are provided for convenience.

A link is not a recommendation, an endorsement or a representation about the licensure, qualifications, availability or performance of anyone. We do not warrant that anything appearing on a linked site is current, complete or accurate, and your use of it is governed by that site's own terms and privacy policy. We receive no fee or other consideration for any link on this site.

The site is provided on an as available basis. We do not undertake that it will be uninterrupted, timely, error free, or available at any particular time, and we may change, suspend or withdraw any part of it, including any property published on it, at any time and without notice.

To the fullest extent permitted by law, this site and everything on it are provided as is and as available, without warranty of any kind, express or implied. The firm disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and disclaims any warranty that the content of this site is accurate, complete, current or free of error.

No advice or information you obtain from this site creates any warranty not expressly stated in these Terms.

To the fullest extent permitted by law, the firm and its licensees, officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, data, goodwill or opportunity, arising out of or in connection with your use of this site, whether the claim is framed in contract, in tort, in negligence, in strict liability or otherwise, and whether or not we were advised that such loss was possible.

To the fullest extent permitted by law, our aggregate liability arising out of or in connection with your use of this site will not exceed one hundred United States dollars.

You agree to indemnify the firm and its licensees, officers, employees and agents against any claim, liability, loss or expense, including reasonable attorneys' fees, arising out of your breach of these Terms, your misuse of this site, or your violation of any law or of the rights of any third party. We will notify you of any such claim and you may participate in its defense at your own expense; you may not settle any claim in a way that imposes an obligation on the firm without our written consent.

These Terms and any dispute arising out of them or out of your use of this site are governed by the laws of the State of Hawaii, without regard to its conflict of laws rules.

You and the firm submit to the exclusive jurisdiction of the courts of the State of Hawaii sitting in the Third Circuit, and of the United States District Court for the District of Hawaii. These Terms contain no arbitration clause and no class action waiver, and nothing in them prevents you from bringing a matter before the regulator named below or in a court of competent jurisdiction.

If you have a concern about this site or about the conduct of the firm or any of its licensees, tell us first at Contact@islandboutiquerealty.com or through our contact page, and we will address it.

You may also complain to the Hawaii Real Estate Commission, which is part of the Department of Commerce and Consumer Affairs and regulates the licensing and conduct of real estate brokerages and salespersons in this State. HRS ch. 467 Nothing in these Terms limits that right or the time you have to exercise it.

We may amend these Terms from time to time. The amended version takes effect when it is posted on this page, and the date shown at the head of this page records when it was last revised. Your continued use of the site after that date is your acceptance of the amended Terms. We do not amend them retroactively.

Severability. If any provision of these Terms is held unenforceable, it is to be enforced to the greatest extent permitted and the remaining provisions continue in full force.

No waiver. A failure to enforce any provision is not a waiver of it or of any other provision.

Entire agreement. These Terms, together with the privacy policy, the disclosures and the accessibility statement, are the entire agreement between you and the firm about your use of this site, and supersede anything said or written about it beforehand. They do not affect any separate written agreement between you and the firm about a transaction, which governs that transaction.

Assignment. You may not assign your rights under these Terms. The firm may assign them to a successor to its business.

Headings. Headings are for convenience and do not affect the meaning of any provision.

Contact. Questions about these Terms may be sent to Contact@islandboutiquerealty.com, or to Island Boutique Realty, Inc., 65-1235 Opelo Road, Suite 6, Kamuela, Hawaii 96743.