Kukui'ula's Terms of Use

Legal Terms:
By using this Website found at http://www.kukuiula.com, you signify your acceptance of the legal terms contained in this Terms of Use and any legal terms found elsewhere on the Website. All such legal terms are subject to change without notice to you, except that such changes will be posted on this Website. Such changes are binding on you and are not subject to further acceptance by you. By continuing to use this website after we post any such changes, you accept the Terms of Use, as modified. The information offered on this Website for the Kukui'ula community is provided with the understanding that Kukui'ula Development Company (Hawaii), LLC is not engaged in rendering legal advice. The use of the Website is subject to the additional disclaimers, caveats, and notices that may appear throughout the Website.

Master Developer:
Kukui'ula is being developed by Kukui'ula Development Company (Hawaii), LLC, a Hawaii limited liability company ("KDCH"), which is an affiliate of DMB Associates, Inc. ("DMB") and A&B Properties, Inc. Please refer to the About Us section for further details on DMB and A&B Properties, Inc.

Reservation of Rights to Change Information:
All information on this Website is provided by KDCH without warranty of any kind, either express or implied. KDCH reserves the right, without any prior notice, to change any information contained within this Website, to deviate from the descriptions contained therein, and/or to change the Kukui'ula project at any time, and KDCH disclaims any duty to update the information and makes no commitment as to the plans in the future. Further, KDCH does not warrant that its service in providing this Website will be uninterrupted.

Reliance on Statements on the Website:
Statements on this Website that are not historical facts are "forward-looking" statements that involve a number of risks and uncertainties, that could cause actual results to differ materially from those projected in the statements, including, but not limited to: (1) economic conditions in Hawaii and elsewhere; (2) market demands; (3) competitive factors and pricing factors in the company's primary markets; (4) legislative and regulatory environments at the federal and state local levels, such as government rate and land-use regulations; (5) dependence on third-party suppliers; (6) fuel prices; (7) labor relations; (8) risks associated with current or future litigation; and (9) other risk factors described elsewhere on this Website.

Despite efforts of KDCH to provide accurate information on this Website at all times, it is not possible to ensure that the information on the Kukui'ula Community and services published on this Website are absolutely correct or up to date at all times and the Website may unintentionally include inaccuracies or typographical errors with respect to the description of a lot size, site plan, floor plan, a rendering, a photo, the elevation, prices or other important pieces of information. Square footage and room sizes, if shown, are approximate and may vary. Prices shown, if any, do not include premiums or other optional features. Also, we make regular changes and additions to the information herein and have a right to do so at any time. To the fullest extent permitted by law, KDCH and its subsidiaries and affiliates, as well as their respective officers, directors, employees and representatives, shall not be liable for any direct, indirect, actual, punitive, incidental, special or consequential damages whatsoever resulting from loss of use, data or profits arising from or related to the use of or reliance on this Website or any information contained herein, even if KDCH and its subsidiaries and affiliates, as well as their respective officers, directors, employees and representatives, have been advised of the possibility of damages.

No Investment Advice:
No statement contained on this Website or on any website featuring a particular project offered by KDCH, its subsidiaries or affiliates, as well as their respective officers, directors, employees and representatives, should be construed as investment advice. Prospective purchasers are urged to seek expert investment, legal or other advice prior to entering into any purchase contract.

State and Federal Regulatory Requirements and Restrictions on Solicitation:
The information provided herein will not constitute an offer to sell or lease and shall not be used in any state where prohibited by law and/or where KDCH is not authorized to conduct business, or where prior registration requirements have not been met.

Offers for sale within a particular area of this Community will be initiated as soon as all necessary county, state and federal pre-requisite project approvals are obtained on a per parcel basis. Therefore, nothing contained on this Website should be deemed or construed as an offer for the sale of any condominium unit, home or custom lot unless and until all such required final approvals are received. KDCH may elect to accept Certificates of Interest and collect refundable escrow deposits to register persons interested in being contacted for later purchase opportunities in the community when specific lots become available. Lot Reservations or Conditional Sales only may be currently offered in certain neighborhoods and other neighborhoods proposed for future development may not currently be available for sale at this time. Please consult a Sales Associate for further complete details.

In addition, this Website may be accessed by users throughout the United States and internationally. It may contain references or cross-references to our subdivisions or housing types within the Community that are not currently approved for sale in your state. These references do not imply that KDCH or any other neighborhood builder within the community intends to seek approval to conduct sales activities in your state. Offer void in Connecticut, New Jersey and New York and all other jurisdictions where prohibited or otherwise restricted by law. The information presented on this Website is provided for general reference only and is not a representation of the content of the sales contract or other offering documents and governing documents for this or any affiliated community featured on this Website via a link.

In addition to in-state approvals, certain portions of Kukui'ula identified on this Website will also need to be registered with the Department of Housing and Urban Development (HUD) in accordance with the Interstate Land Sales Full Disclosure Act and with certain states where KDCH intends to market. For such portions of Kukui'ula that will be registered with HUD, please see the following disclaimer: PROSPECTIVE BUYERS ARE STRONGLY ENCOURAGED TO OBTAIN THE PROPERTY REPORT REQUIRED BY FEDERAL LAW AND READ IT CAREFULLY BEFORE SIGNING ANYTHING. NO FEDERAL AGENCY HAS JUDGED THE MERITS OR VALUE, IF ANY, OF THIS PROPERTY.

For California Residents:

WARNING: Although certain neighborhoods within this Community may be registered with the California Department of Real Estate, the California Department of Real Estate has not inspected, examined, or qualified this Community located outside of California. Please consult a Sales Associate for further complete details.

For Arizona Residents:
Certain neighborhoods within this Community may be registered with the Arizona Department of Real Estate or exempt from registration in Arizona. Please consult a Sales Associate for further complete details.

Links to Other Websites:
Kukui'ula Development Company (Hawai'i), LLC ("KDCH") neither endorses nor guarantees the accuracy of the information contained in any Website that is linked to or from this site. Links to other sites and Website addresses are provided solely for the convenience of the user. In addition, other Internet sites may link to this Website without our knowledge or permission. Because KDCH and its subsidiaries and affiliates, as well as their respective officers, directors, employees and representatives, have no control over such linked sites, we assume no obligation to review, and are not responsible for the availability or content of, any off-site pages or any other sites linked to this Website. Your linking to off-site pages or other sites is at your own risk.

Equal Housing Opportunity:
KDCH is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. KDCH encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin and all lots and homes advertised by KDCH are available on an equal opportunity basis. In addition, KDCH is committed to its compliance with the laws and regulations of other jurisdictions that may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like.

Maps and Development Plans for Kukui'ula:
This master planned resort community is located in the renowned Poipu resort region on Kauai's south shore and is planned to include a mixture of resort, residential, commercial and recreational uses. With a currently planned maximum of approximately 1,500 resort residential units planned over approximately 1,010 acres, the Kukui'ula Master Planned Community (the "Community") shall provide a variety of resort residential unit types for various market segments. The master plan has been organized to incorporate various neighborhoods, one resort core area and a neighborhood commercial area. Maps on this Website are not to scale and represent an artist's depiction of the existing and/or planned elements of the current proposed development concepts for Kukui'ula. Artist's renderings, photos, prices, and planned amenities continue to evolve and are based on current proposed development plans that are subject to change without notice. Use of certain recreational amenities may be subject to certain membership requirements, additional fees and availability. Kukui'ula will facilitate activities by providing a future proposed 18-hole championship golf course designed by Tom Weiskopf, clubhouse, driving range and practice facility, a spa, as well as such other planned amenities and activities such as multi-use parks to accommodate a variety of sporting and recreational activities, gardens and planned events. KDCH will also be establishing a Hawaii non-profit corporation for the purpose of owning, managing, and controlling the golf course, and certain other recreational facilities and amenities planned for Kukui'ula. No guarantee is made that the facilities and features depicted within Kukui'ula will be constructed, or that if constructed, the number, type, size and location will be as depicted. Kukui'ula does not own or control the land outside the boundaries of Kukui'ula and does not guarantee the current or future use thereof. The total number of Units may increase or decrease from the current plan, depending upon market conditions or other conditions, including acquisition of additional property. Plans for common areas surrounding residential areas may be affected by such changes. Prospective buyers should assume that changes are likely to be made.

Photos and Renderings:
Photos and renderings may show upgraded features and landscaping and may not represent the base price house, condo or custom lot in any neighborhood within Kukui'ula. Further, all photos are reflective of the development and adjacent areas as of the time such photography was taken.

Views:
Views vary significantly by lot location and may be affected by future development. KDCH does not guarantee or make any representation or warranty regarding the preservation of any future view of the natural environment surrounding Kukui'ula that may be a factor in your purchase decision.

Promotions:
Certain promotional programs and incentives may only be available on designated lots, condominium units or completed homes at select neighborhoods for a limited time period, and are not available in conjunction with other offers. KDCH is neither associated with nor endorses any promotional programs offered by any unaffiliated Builders in any Neighborhood in which KDCH does not sell to the buyer directly. Please see your Sales Representative for details as to any current programs and their related restrictions, which are subject to change at KDCH's sole discretion.

Zoning:
The zoning and land use designations for Kukui'ula are subject to change from time to time. Each Buyer is strongly advised to investigate and determine for his, her or their own account if the zoning and land use designations for Kukui'ula and other real properties in the vicinity of Kukui'ula are compatible with such buyer's occupancy, use and enjoyment of the lot and residential dwelling purchased by such buyer. Neither any Custom Home Builder nor KDCH (including any of their respective agents, officers, directors, employees, or affiliates) has made any representation concerning the timing, location, configuration or existence of any non-residential use on or about Kukui'ula. The total number of residential units may increase or decrease from the current plan, depending upon market conditions or other conditions, including the possible acquisition of additional property. Plans for common areas surrounding residential areas may be affected by such changes.

Kukui'ula Development Company (Hawaii), LLC and its affiliates invite viewers to browse this Website and the linked pages for their individual entertainment and to obtain information about Kukui'ula and the DMB and A&B Properties, Inc. family of communities. The entire contents of this website, including images and text, graphics, charts, pictures, photographs, images, icons, renditions and floor plans, as well as works that are licensed to KDCH and found within http://www.kukuiula.com's related pages are copyrighted as a collective work and currently owned or controlled by KDCH, its related entities, its partners or the proper owners. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the website, including code and software. Notwithstanding the above, Kukui'ula grants a limited license to viewers to download or print pages from the Website for personal informational purposes only, and not for any commercial purposes, provided you keep intact all copyright and other proprietary notices. Use of this Website by viewers is based upon their agreement to abide by these terms. You may establish a hypertext link to this website, so long as the link does not state or imply any sponsorship of your site by this website or KDCH. However, you may not, without the prior written permission of KDCH, frame any of the content of the website, or incorporate into another website or other service any intellectual property of KDCH, its parent or affiliate companies or its licensors. Any violation of the foregoing conditions or use will subject the user to the possibility of full prosecution under applicable law. In particular, Kukui'ula, its respective words and marks (among others reserved by KDCH) are registered trademarks with the United States Trademark and Patent Office and are not allowed to be used in any manner whatsoever without KDCH's express prior permission. If the words or marks are used without authorization, KDCH shall take any and all appropriate actions allowed by law to protect its rights.

If you have any questions regarding a specific mark or any other KDCH or DMB and A&B Properties, Inc. intellectual property, please contact us at info@kukuiula.com.

Non-KDCH Builders:
Certain portions of Kukui'ula may feature approved custom homebuilders or neighborhood production homebuilders, that are independently owned and operated and are not affiliated with KDCH, DMB, A&B Properties, Inc., or any affiliates thereof. References to or approval of such Builders by KDCH or DMB or A&B Properties, Inc. shall not be construed as an endorsement, warranty or certification by developer of builder or builder's performance by KDCH, DMB, A&B Properties, Inc., or any affiliates or subsidiaries thereof.

Contact Us:
If you have any other questions regarding these legal terms, please contact us at info@kukuiula.com.

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