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TERMS OF USE

Welcome to the Holualoa Investor Portal!

USE OF THIS WEBSITE IS SUBJECT TO EXPRESS TERMS OF USE. BY CONTINUING PAST THIS PAGE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT CONTINUE TO USE THE SITE.

This website ("the Site") is owned and operated by Holualoa Companies ("Holualoa"). It is intended to be used only by those persons to whom Holualoa has authorized an account. Please contact us at investor@holualoa.com if you have any questions about obtaining a username and password.

Holualoa may revise these Terms of Use at any time by updating this posting. You are bound by the current Terms of Use; thus you should carefully review the Terms of Use each time you access the Site.

LICENSE AND WEBSITE ACCESS. Holualoa hereby grants you a limited, revocable and nonexclusive license (the "License") to access and make limited use of the Site only for the purpose for which Holualoa authorized you to access the Site (the "Specified Purpose"). You shall not assign or sublicense the License.

YOUR USE OF THIS SITE AND AFFIRMATIVE REPRESENTATIONS. When you log in to this site, you agree (1) to receive Holualoa investment reports, sales distributions letters, subscription documents, and confidential investment tax documents via this site, (2) to update your email address so that we may contact you, (3) to keep current the street address to appear on your tax documents as provided to the IRS, and (4) that you have the means to download and print any tax documents as required by the IRS.

CONFIDENTIALITY. The information provided through the Site is confidential information made available to you solely for your limited use in the conduct of your business, and you shall not use, and shall cause your representatives, employees and agents not to use, any of the information for any other purpose. You shall preserve and protect the confidential nature of the information and shall not distribute, communicate or otherwise disclose any of the information, any copies of material posted on the Site, or any portion of the Site or its contents, to any other person or entity by any means whatsoever, including verbally, electronically or in writing, without prior express written consent from Holualoa.

PASSWORDS. You are responsible for maintaining the confidentiality of your username and password, and for restricting access to your computer. You accept responsibility for all activities that occur under your username and password, whether or not actually or expressly authorized by you. Please exit or log off after you have finished your visit to the Site. Holualoa reserves the right to block access, refuse service and terminate or change usernames and passwords at any time for any reason.

PRIVACY. Holualoa and its application service provider may gather information about your visit, including which files you review and copy, length of time you spend on the Site, etc. Such information will not be disclosed to anyone outside of Holualoa or its application service provider without your consent. Your information will not be used for sales or marketing purposes.

DISCLAIMER THE INFORMATION ON THE SITE IS PROVIDED "AS IS". IT IS NOT "ALL INCLUSIVE" AND MAY NOT CONTAIN ALL OF THE INFORMATION YOU MAY REQUIRE. NEITHER HOLUALOA NOR ANY OF ITS REPRESENTATIVES OR AGENTS MAKES ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION ON THE SITE, AND NONE OF THEM ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE SITE'S INFORMATION.

LIMITATION OF LIABILITY. IN NO EVENT WILL HOLUALOA OR ANY OF ITS REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR INFORMATION ON THE SITE.

TERMINATION. Holualoa may terminate the License at any time if you are in breach of these Terms of Use. The License will terminate immediately without notice from Holualoa if, in Holualoa's sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon termination, you are not permitted to access or use the Site.

BREACH. You also hereby acknowledge that your breach of these Terms of Use may result in immediate and irreparable harm to Holualoa, for which there will be no adequate remedy at law, and that Holualoa shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site. Your breach of these Terms of Use may also entitle Holualoa to bring an action against you for any and all other remedies available at law or in equity.

NO WAIVER; SEVERABILITY. A waiver of any breach of any provision of these Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms of conditions of these Terms of Use. Should any provisions of these Terms of Use be found to be unenforceable, the remainder shall still be in effect.

APPLICABLE LAWS. These Terms of Use, and the rights and obligations of you and Holualoa hereunder, shall be governed by, and construed in accordance with, the laws of the State of Arizona. You further agree that any legal action or proceeding between you and Holualoa arising out of or relating to these Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Tucson, Arizona, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts.

ACCEPTANCE OF TERM OF USE. By logging into the Site, I agree that I have read, understand and accept these Terms of Use.