Disclaimer

Investor Relations, State of Hawaii, Division of Budget & Finance

This investor relations website of the State of Hawaii, Department of Budget and Finance, provides access to the electronic version of selected State of Hawaii municipal bond program information.  Your access and use of this website is subject to the following terms and conditions and all applicable laws.  By accessing and browsing this website, you accept these terms and conditions without limitation or qualification.

The only information that is posted with the intention of reaching the investing public, including bondholders, rating analysts, financial advisors, or any other members of the investor relations investment community, is located on this investor relations website.  The information in this website is not intended to serve as legal, accounting or tax advice or to replace any information or consultation provided by a professional financial advisor. There may be other documents containing relevant information regarding the State which may be available from other sources.

All information contained in this website either is supplied by the State or is obtained from other sources believed to be accurate and reliable.  Due to the possibility of human or mechanical error as well as other factors, the information obtained from other sources is provided “as is” without warranty, express or implied, of any kind and the State makes no representation, express or implied, as to the accuracy, reliability or completeness of this other information.  In addition, the State makes no warranty, express or implied, as to the adequacy or fitness of any information at this website for any particular use.

No person should make any investment decision solely in reliance upon the information contained herein.  This website and the information contained herein do not constitute an offer to sell or the solicitation of an offer to buy any securities.  The State currently anticipates that the disclosure documents prepared from time to time in connection with the offering and sale of securities by it may contain information updating or supplementing some of the information presented at this website.  In addition, certain financial information and operating data, as well as information regarding certain material developments respecting the State and securities from time to time issued by it, may be filed with EMMA, the Electronic Municipal Market Access portal of the Municipal Securities Rulemaking Board.  The State in its discretion will determine whether to include such updated information at this website or to otherwise supplement, update or modify the information at this website.

The information in each document or file at this website is dated as of the date or dates indicated, and the State disclaims any duty or obligation either to update the information contained at this website or to maintain the availability of such information.  In addition, the State may remove any of this information from this website at any time.

The information at this website may contain statements which, to the extent they are not recitations of historical fact, constitute “forward-looking statements.” In this respect, the words “estimate”, “project”, “anticipate”, “expect”, “intend”, “believe” and similar expressions are intended to identify forward-looking statements.  A number of important factors affecting the State and its affairs could cause actual results to differ materially from those stated in the forward-looking statements.

Information on this website may include links to websites operated by or on behalf of other State departments and agencies, and these websites themselves may contain links to sites other than those operated by or on behalf of the State or its departments and agencies.  These links to third party sites are for your convenience only and are not an endorsement or recommendation of those sites.  The State does not control or provide any content or information at these third party sites, makes no representation or warranty of any kind with respect to these third party sites or their content and does not maintain, operate, or take responsibility for what appears there.  The State does not endorse and is not responsible for the accuracy or reliability of such content or information and any use thereof is solely at the user’s risk.

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to any principles of conflict of laws. You agree that any action at law or equity arising out of or relating to these terms shall be filed only in the state or federal court located in Honolulu, Hawaii and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action. If any of these terms or provisions shall be deemed unlawful, void, or for any reason unenforceable, then that term or provision shall be deemed severable from the remaining terms and provisions and shall not affect the validity and enforceability of any remaining terms and provisions. This is the entire agreement relating to the subject matter herein and shall not be modified except in writing and signed by all authorized parties.

From time to time, operation of the website may be interrupted by scheduled maintenance such as software updates. The State does not warrant the availability of this website, and disclaims all liability in respect to loss or damage incurred by a user that results, directly or indirectly, from loss of service, malfunction, or failure of the website, or any other cause connected with your use of the website.  Because this website is frequently under development, materials and information may be deleted, modified or moved to a different part of the website without advance notice.

Under no circumstances shall the State have any liability to any person or entity for (1) any improper or incorrect use of the materials or information contained on this website and assumes no responsibility for any user’s use of them, (2) any loss or damage in whole or part caused by, resulting from or relating to any error (neglect or otherwise) or other circumstances involved in procuring, collecting, compiling, interpreting, analyzing, editing, transcribing, communicating or delivering any information at this website, or (3) any direct, indirect, special, consequential, exemplary or incidental damages whatsoever (including but not limited to business interruption or loss of use, data or profits), regardless of cause, and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this website or the materials and information contained on this website, even if the State is advised in advance of the possibility of such damages, resulting from the use of, or inability to use, any such information or (4) any loss or damage caused by viruses contained within electronic files at this website.  This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay, computer virus, communication line failure, theft, or destruction of data, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

To the extent permitted by applicable law, by using the State’s website, the user agrees to defend, indemnify, and hold harmless, the State, its agencies, officers, employees, representatives, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the user’s use of this website or materials and information contained on this site.

ACKNOWLEDGMENT OF DISCLAIMER

I have read the foregoing disclaimer and expressly agree to each of its terms.