Terms & Conditions

Last updated November 13, 2025

AGREEMENT TO OUR TERMS AND CONDITIONS

We are Hawaii Planing Mill, Ltd., a Hawaii corporation doing business as HPM Building Supply ("Seller," "we," "us," "our"). Our business address is 16-166 Melekahiwa Street, Keaau, HI 96749. Our VAT number is 067-506-5856-01.

We provide hardware, lumber, building materials, engineered roof trusses, engineered floor trusses, wall panels, modular structures, sheds, and services from our 18 locations in Hawaii.

We operate the website https://www.hpmhawaii.com (the "Site"), as well as any other related documents, products and services that refer or link to these Terms and Conditions (collectively, the "Services").

These terms, including the Sales Terms, the Additional Terms, and such supplemental terms and conditions and policies posted on the Site from time to time (collectively, the “Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Seller, concerning your access to and use of the Services and the purchase of products from Seller. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions, policies, or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time, with or without notice. Upon any change, we will change and update the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such revised Terms and Conditions are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Terms and Conditions for your records.

General Terms of Sale

All quotes by, orders to, and sales by Seller are subject to and governed by the following terms and conditions (“Sales Terms”). The customer/buyer (“Buyer”) agrees to be bound by these Sales Terms by ordering and/or purchasing, any goods, products, materials, or services (hereafter collectively “Goods”) from Seller.

1. Force Majeure. Delay in delivery or non-delivery in whole or in part by Seller shall not be a breach of any sale if performance is made impracticable by the occurrence of any events beyond Seller’s control including, but not limited to, any one or more of the following: (1) fires, floods, inclement weather, or other casualties or acts of God; (2) wars, riots, terrorism, civil commotion, embargoes, governmental regulations or martial law; (3) Seller’s inability to obtain necessary materials (finished or otherwise) from its usual sources of supply; (4) shortage of vehicles or delays in transportation; (5) existing or future strikes or other labor troubles affecting production or shipment, whether involving employees of Seller or employees of others, and regardless of responsibility or fault on the part of the employer; (6) epidemics, pandemics, quarantines and governmental orders; and/or (7) any other contingencies of manufacture, supply, or shipment, whether or not of a class or kind mentioned herein.

2. EXCLUSION OF WARRANTIES. ANY AND ALL MANUFACTURER’S WARRANTIES MUST BE ENFORCED DIRECTLY AND SOLELY AGAINST THE MANUFACTURER IN ACCORDANCE WITH THE TERMS OF SUCH MANUFACTURER WARRANTIES. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND GIVEN BY SELLER WITH RESPECT TO ANY GOODS OR PRODUCTS SOLD BY SELLER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND/OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

SELLER DOES NOT WARRANT AGAINST, NOR WILL SELLER BE LIABLE FOR, WARPING OR WEATHERING OCCURING AFTER DELIVERY AT SELLER’S SHIPPING POINT, NOR DOES SELLER WARRANT AGAINST, NOR WILL IT BE LIABLE FOR CHECKING, LEAFING, SPLITTING, AND OTHER WEATHERING OF LUMBER AND PLYWOOD PRODUCTS. Buyer should expect variations in wood colors and grain of natural wood products. Knots, mineral spots, and lines are normal and natural. No two pieces of wood are exactly alike, even when taken from the same tree. These variations are what contribute to the beauty and distinction of wood. Grain patterns, mineral streaks, burls, etc. are natural characteristics in different wood species and are not considered defects. Due to its inherent nature, wood expands and contracts in accordance with its environment. As such, some movement is allowed and expected.

All veneers, stains, lacquers, laminates, acrylics, PVC paint finishes, etc. may change slightly over time as part of a natural aging process. Painted cabinets may form lines which appear like cracks at the joints or seams which is normal. The weather conditions on the day of finishing may influence the result. For these reasons, samples and displays may not represent the exact color received at the time of shipment. If a replacement is necessary, Seller cannot guarantee an absolute match, only the closest possible match.

THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND BY SELLER WITH RESPECT TO CUSTOM ITEMS PRODUCED BY SELLER, OR ANY INSTALLATION OR REPAIR SERVICES PROVIDED BY SELLER (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE), AND SELLER SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER ANY CIRCUMSTANCES.

3. LIMITATION OF REMEDIES & DAMAGES. BUYER’S REMEDIES IN CONNECTION WITH ANY NONCONFORMING AND/OR DEFECTIVE GOODS OR PRODUCTS PROVIDED BY SELLER SHALL BE LIMITED TO RETURN OF THE GOODS OR PRODUCTS AND REIMBURSEMENT OF THE PURCHASE PRICE, OR REPLACEMENT OF THE NONCONFORMING GOODS OR PRODUCTS BY SELLER, AT SELLER’S OPTION. SELLER SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LABOR, PAINTING AND/OR OTHER COSTS INCURRED TO REMOVE AND/OR REPLACE ANY GOODS OR PRODUCTS FROM A WORK OR STRUCTURE.

4. Notice of Rejection. Buyer shall inspect all Goods furnished by Seller immediately and prior to use or incorporating them into any work or structure. It is the Buyer’s responsibility to inspect non-structural goods made from untreated wood products (including but not limited to cabinets, doors, moldings, and millwork, etc.) for termites and other environmental pests upon delivery.

Notice of rejection of any Goods, and/or any alleged nonconformity or defect (collectively “nonconformity”) in any Goods, must be made in writing and delivered to Seller within 24 hours of purchase or, if the Goods are delivered to Buyer’s job site, then within 24 hours of such delivery. Such notice must state with particularity the basis of the rejection and/or any alleged nonconformity of the Goods and describe with particularity the portion of the Goods being rejected. Unless Buyer provides such notice within this time, Buyer will be deemed to have accepted all Goods in all respects, waived any claims of nonconformity with respect to the Goods, and agreed that the Goods are without any nonconformity.

Seller shall have the right to make an on-site inspection of any Goods rejected. Buyer shall take all appropriate actions to protect and preserve any rejected Goods in the same condition that they were in at the time of delivery.

5. Delivery & Acceptance; Title to Goods. The Risk of Loss passes from Seller to Buyer upon delivery of the Goods to the destination designated by Buyer. If delivery is by common carrier, delivery by Seller to the carrier at the point of origin shall constitute delivery to Buyer and thereafter the shipment shall be at Buyer’s risk, and any claims of Buyer for loss or damage must be made against the carrier. Until fully paid, Seller expressly retains title to all Goods to secure payment and Buyer grants to Seller a security interest in the same. Title to Goods passes to the Buyer upon receipt of full payment of the total purchase price thereof. In the event of Buyer’s default, Seller may retake possession of the Goods without prior legal process and Seller may pursue any other remedies that may be available to Seller.

Any claims for shortages shall be noted on Seller’s delivery receipt by Buyer at the time of delivery; otherwise, Seller shall not be responsible for the same. If, upon delivery at job site, there is not present at the job site an employee or agent of Buyer authorized to accept delivery and sign a delivery receipt evidencing delivery of the Goods, then Seller shall have the right to deposit the Goods at the job site without obtaining a signed receipt therefore, and Buyer shall be liable for payment for all such Goods as if a delivery receipt were signed by an authorized agent of Buyer.

All regularly stocked (non-special order) merchandise purchases must be claimed within 4 days from notification that the product is available for pickup. After 4 days Seller may cancel the Buyer’s order and pending payment and return the product to the store inventory.

Seller may charge a monthly storage fee of 10% of any custom-made or special-order merchandise that is not claimed within 14 days from notification that the product is available for pickup. After 30 days, Seller may sell or otherwise dispose of any unclaimed goods to recover storage and handling costs, and all payments made by Buyer will be forfeited.

All special orders and orders consisting of Seller manufactured products will be invoiced upon receipt of goods by Seller or completion of manufacturing by Seller.

6. Returns; Special Orders. Subject to paragraph 3 (Limitation of Remedies & Damages) above, Seller will not accept return of any Goods for refund or credit for any reason unless: (a) Buyer delivers the Goods to Seller and produces the original invoice evidencing Buyer’s purchase of the subject Goods from Seller, within 90 days of purchase (within 30 days of purchase for power tools) and merchandise is returned in new and resaleable condition; and (b) Seller, in its sole and absolute discretion, elects to do so. Commercial Buyers will pay a re-stocking fee of up to 25% of the amount of any refund or credit allowed by Seller. However, subject to paragraph 3 (Limitation of Remedies & Damages) above, there shall be no returns, refunds or credits allowed on any special-order items under any circumstances. Special orders cannot be cancelled and are non-refundable.

Credit Notes are subject to review and approval before final issuance of the credit. Valid refunds and credits, less applicable charges, will be done via original method of payment by Buyer, except if cash amount is greater than $500.00, Seller may issue a check payable to the invoiced entity; payments by check will be refunded by Seller upon confirmation of funds transfer by Seller’s bank of deposit on Buyer’s check.

Certain items, such as but not limited to, cabinets, trusses, and wall panels may have other limitations or unique conditions to orders, returns (if allowed), deliveries, and accessories. You should consider and discuss these limitations and unique conditions with a representative of Seller before purchasing.

7. Building Codes; Specifications. COMPLIANCE WITH APPLICABLE LAWS, SITE REQUIREMENTS, BUILDING CODES AND PROJECT SPECIFICATIONS, AND THE DETERMINATION OF THE SUITABILITY OF ALL GOODS AND PRODUCTS TO BE USED IN ANY PROJECT (AS WELL AS THE DESIGN AND INSTALLATION TECHNIQUES USED), ARE THE SOLE RESPONSIBILITY OF THE BUYER, OWNER, ARCHITECT, CONTRACTOR, CODE ENFORCEMENT OFFICIAL, OR OTHER CONSTRUCTION PROFESSIONAL. SELLER SHALL HAVE NO LIABILITY FOR THE SAME.

8. Quotes/Estimates and Pricing. Any quantities of material estimated or quoted by Seller are designed solely to provide Buyer with a rough estimate of the amount of material that may be used in a given project. These are based upon calculations, plans and/or other information provided to Seller and they assume, among other things, normal and typical construction techniques in the area. The actual amount of material used in a project may vary from the quote/estimate, at times significantly, due to a number of factors including, but not limited to, any subsequent changes to the plans (such as where Seller is provided preliminary plans to estimate materials, rather than final plans), project changes, and construction techniques used. Consequently, Seller cannot and does not make any representation or warranty regarding the actual amount of material that is needed or will be used in any given project, and no quote or estimate by Seller shall be construed to contain any such representation or warranty.

Quoted prices are based upon full quantity order, include a cash payment discount, and are subject to change. Any errors in a quote are subject to correction. Special requirements may be subject to additional charges and extended delivery times.

Projects supplied with imported products & materials may be subject to customs, tariffs, and duties. Buyer acknowledges and accepts that final pricing may be subject to revision due to freight, customs, tariff, and/or duty related cost fluctuations. We reserve the right to adjust our pricing accordingly to reflect any increased costs associated with imported goods, materials, or components.

9. Jobsite Delivery. In the event that Seller delivers any Goods to a jobsite, Seller will attempt to follow reasonable directions provided by Buyer or Buyer’s representative as to the location for placement of such Goods. It is the duty of the Buyer, not Seller, to specify and mark the location of any and all underground facilities (including, but not limited to, irrigation lines, septic tanks, or other) before Seller’s equipment enters the subject property, so that Seller’s operator may attempt to avoid the same. Nevertheless, Seller shall not be liable for any damage to any such underground facilities under any circumstances. In the event that Seller’s equipment comes into contact with or damages any grass, shrubbery, landscaping, driveway, sidewalk or other surface as Seller’s operator is attempting to follow directions for placement of Goods from Buyer or Buyer’s representative, Seller shall not be liable for any damage to the same under any circumstances.

10. Loading. In the event that Buyer requests that Seller load any Goods onto Buyer’s vehicle, trailer or other equipment, Buyer understands that many of the Goods sold by Seller are heavy (including, but not limited to, crossties, lumber, plywood, doors, windows, concrete blocks, cement products, etc.) and that such Goods may shift or move during transit. It shall be the duty of the Buyer, and not the Seller, to review Buyer’s owner’s manual for weight capacity and to ensure prior to loading that any Goods to be loaded are not too heavy and will not cause damage to Buyer’s vehicle, trailer, or other equipment. Seller shall not be liable for any property damage (including, but not limited to, any damage to the Goods themselves) or personal injury caused in whole or in part by the weight of the Goods loaded or by movement of Goods during transit.

11. E-mail Service. Seller will send invoices and statements to Buyer by e-mail address provided by Buyer. However, Buyer understands that Seller does not control and cannot guarantee delivery by e-mail, and thus Buyer agrees to pay all invoices and statements within Seller’s payment terms even if any such e-mails are not received by Buyer.

12. Dimensions and Descriptions. Dimensions and/or sizes on lumber and other materials are those generally used in the industry, but actual sizes may vary.

13. Finance Charges; Collection Costs. A finance charge of 1.5% per month will be applied to any unpaid balance owed by Buyer to Seller (minimum finance charge of 50¢ per month on any balance), and Buyer shall pay the same to Seller. Buyer shall pay all costs and expenses incurred by Seller, with or without litigation, in collecting any amount owed by Buyer including, without limitation, attorney’s fees and expenses, and expert fees and expenses.

Customers with past due balances may be moved to Cash Plus terms of sale until the past due balance and finance charges are paid in full. Under Cash Plus terms of sale, Customers will be required to pay for materials via cash or credit card at the time an order is placed plus an automatic charge (minimum of 10%) for Minimum Required Account Service that will go towards their remaining past due balance at the time of purchase until their past due balance and related finance charges are paid in full.

On each HPM invoice the normal line-item detail and related tax will be presented on each invoice along with a separate line item for Minimum Required Account Service. This Minimum Required Account Service is not taxed as it is simply a partial payment towards the past due balance that is systematically calculated as a percentage of the invoice amount.

14. Dispute Resolution. Seller’s failure to exercise any rights under any invoice upon one or more occasions shall not waive Seller’s right to exercise such rights on any occasion. Any partial invalidity herein shall not affect the whole.

Any controversy or claim arising out of or relating to the sale of Goods or the provision of Services by Seller shall be settled by binding arbitration in Hilo, Hawaii, in accordance with the Arbitration Rules, Procedures and Protocols of Dispute Prevention & Resolution, Inc. Any award rendered by the arbitrator shall be conclusive and binding upon the parties and may be entered in any court having jurisdiction thereof. The expenses of the arbitrator shall be shared equally, and the arbitrator shall award to the prevailing party its costs and reasonable attorneys’ fees incurred in connection with the arbitration.

15. Jurisdiction. The sale of Goods or provision of Services by HPM shall be governed by the laws of the State of Hawaii. Specific to any customers in California, if any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

16. Entire Contract. These Terms and Conditions supersede any and all prior and/or contemporaneous verbal and written agreements and representations between Buyer and Seller, and constitute the ENTIRE CONTRACT between Seller and Buyer with respect to the sale and purchase of all Goods shown on Seller’s invoice (except that if Buyer has entered into a credit agreement, installment sales contract, or special order with Seller, the credit agreement, installment sales contract and/or special order also forms part of the contract). These Terms and Conditions cannot be modified, altered, or supplemented by any purchase order or other writing from Buyer specifying different or other terms or conditions, or in any other manner, unless the same is done in a formal written addendum to these Terms and Conditions signed by Seller’s President. Otherwise, any attempt by Buyer to add to or vary these Terms and Conditions shall be void and of no effect. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

In order to resolve a complaint regarding the Goods or Services or to receive further information regarding use of the Services, please contact us at:

Hawaii Planing Mill, Ltd.
16-166 Melekahiwa Street
Keaau, HI 96749
United States
marketing@hpmhawaii.com

Additional Terms of Sale - Home Design Center

1. We strongly recommend that a Buyer not perform any demolition in a kitchen or other location prior to delivery and thorough inspection of your new cabinets. Missing and/or damaged cabinets will delay completion of a project. Seller is not responsible for any inconvenience, loss or damages resulting from premature demolition.
2. Buyer must review all measurements (including appliance & fixture sizes used in the design), styles, colors, and sizes to ensure that each order is accurate and complete. Once a Design Plan is approved, no changes can be made without incurring additional cost and potential time for estimated delivery.
3. Unless otherwise expressly noted:
   1. cabinets do not include accessories (roll out trays, glass doors, handles, etc.)
   2. the sides/tops/bottoms/backs of cabinets may not be finished to match the color of the doors and drawers.
4. Delivery is curbside. Our delivery team will not set or place cabinets in the home. Buyer must arrange to move the cabinets inside at the time of delivery to properly protect them from the elements and prevent damage. Cabinets are like fine furniture and must be stored in an area of reasonable humidity. Exposure to excess humidity in a carport or under a tarp may damage cabinets.
5. Installation. Seller is not liable for installation errors or damage caused by Buyer’s installer. Seller cannot warranty any design discrepancies, damages, or improper fit of cabinetry after design has been approved. Any and all warranties for defects are for materials only and do not include labor, freight, shipping or handling. All door and drawer fronts must be adjusted and aligned by the Buyer’s installer. Deflection of up to 3/16” is considered acceptable.
6. Top and bottom trim molding is not included unless specified on an order. Because moldings are sold in 8-foot lengths and multiple cuts are performed, the quantity ordered should exceed the exact footage required. We recommend that Buyer purchases an extra 8’ length to avoid delays in the field.
7. There will be no refunds or returns of cabinets or parts as these items are customer special orders manufactured to your design specifications. Cabinets that have defects in material or workmanship will be reordered at your request.
8. Air Freight is available at an additional charge and can be quoted at the time an order is placed. Actual freight expense incurred will be billed.

Additional Terms of Sale – Manufactured Goods (Truss & Wall Panel)

1. The Seller’s manufactured trusses are specifically designed for the geographic requirements of the Buyer and in accordance with Mitek engineered specifications. Wall panels are designed via Mitek software to match the designs as provided by the Buyer.
2. Design Review and Customer Approval: The Buyer assumes full responsibility for reviewing all truss and wall panel designs via the submitted shop and design drawings. In all cases, it is the Buyer’s responsibility to verify the truss and wall panel designs provided in the quote package meets the design specifications as shown on the architectural and structural engineering drawings.
3. Storage: After a delivery date is confirmed and the manufacturing process has begun, or manufacturing has been completed, in accordance with the Buyer’s request, the Seller reserves the right to charge a storage fee of up to 1% of the invoice value per day if the Buyer requests delayed delivery.
4. Truss designs and specifications are for the proprietary use by Seller and its designees. All designs and specifications are only valid when used in conjunction with the Seller’s manufacturing processes, quality control procedures, equipment and materials.

Additional Terms –Intellectual Property

1. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Terms and Conditions, including the "PROHIBITED ACTIVITIES" section on the Site, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

Except as set out in this section or elsewhere in our Terms and Conditions, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms and Conditions, please address your request to: marketing@hpmhawaii.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and Conditions and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our opinion we consider such Contributions harmful or in breach of these Terms and Conditions. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

2. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

3. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

4. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

5. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

6. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions may no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

7. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: hpmhawaii.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

8. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (1) Contributions; (2) use of the Services; (3) breach of these Terms and Conditions; (4) breach of your representations and warranties set forth in these Terms and Conditions; (5) violation of the rights of a third party, including but not limited to intellectual property rights; or (6) overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

11. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

12. SMS/MMS MOBILE MESSAGE PROGRAM TERMS

By opting in to receive SMS/MMS messages from HPM Building Supply, you agree to the following:

• Message frequency varies. HPM Building Supply reserves the right to alter the frequency of messages sent at any time, to increase or decrease the total number of messages sent.

• Message and data rates may apply.

• Phone numbers provided for SMS opt-in will not be shared with third parties.

• Unsubscribe by replying STOP. For help, reply HELP or email marketing@hpmhawaii.com.

• See our Privacy Policy at https://www.hpmhawaii.com/privacy-policy for more information.

HPM Building Supply collects opt-ins verbally either at their physical locations or over the phone. 

By providing your number you consent to receive order, account, and delivery notifications from HPM Building Supply. 'Message and data rates may apply', 'Message frequency varies', you can 'text HELP for support or STOP to unsubscribe.' Phone numbers won't be shared with third parties. You can view our privacy policy at the following link: https://www.hpmhawaii.com/privacy-policy & our Terms at https://www.hpmhawaii.com/terms-conditions.

HPM BUILDING SUPPLY TEXT MESSAGING TERMS OF USE

By "Opting In" to or using a “Text Message Service” (as defined below) from HPM Building Supply, you accept these Terms & Conditions.

This agreement is between you and HPM Building Supply or one of its affiliates. All references to "HPM Building Supply," "we," "our," or "us" refer to HPM Building Supply, 16-166 Melekahiwa Street, Keaau, HI 96749.

DEFINITIONS

"Opting In," "Opt In," and "Opt-In" refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.

"Text Message Service" includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).

CONSENTING TO TEXT MESSAGING

By consenting to receive text messages from us, you agreed to these Text Messaging Terms and Conditions, as well as our https://www.hpmhawaii.com/terms-conditions and https://www.hpmhawaii.com/privacy-policy, incorporated herein by reference.

E-SIGN DISCLOSURE

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.

HPM BUILDING SUPPLY TEXT MESSAGE SERVICE PRIVACY POLICY

We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn't limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn't intended to modify our general [“Privacy Policy” OR RELEVANT NAME OF PRIVACY POLICY REFERENCED IN SECTION ABOVE], incorporated by reference above, which may govern the relationship between you and us in other contexts.

COSTS OF TEXT MESSAGES

We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

FREQUENCY OF TEXT MESSAGES

This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).

OPTING OUT OF TEXT MESSAGES

If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.

CONTACT US

For support, email marketing@hpmhawaii.com.

13. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.