Terms of Use and SMS

These Terms of Use (“Terms”) govern your use of our website and services, including any SMS messages you receive from Aqua Home Loans. By using our services, you agree to these Terms. If you do not want to agree to these Terms of Use and SMS or the Privacy Policy and SMS, you must not use or access the Website.

Acceptance of Terms of Use

-Please carefully read this agreement (“Agreement”) before accessing or using this Internet Website (“Website”).

-Materials on this Website may be accessed, printed, and downloaded and only for non-commercial and personal use.

-Your permission to use the Website is automatically terminated if you violate any of the terms contained in this Agreement.

-You may use the Website only in accordance with these Terms of Use and for lawful purposes.

SMS Terms and Conditions

• SMS For Consent Communication- The Phone Numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

• Types of SMS Communications- If you have consented to receive text messages from Aqua Home Loans, you may receive text messages related to: (Conversational- responses to your inquiries, troubleshoot issues & provide assistance related to our products and services and Informational- Updates or changes to application, and appointment scheduling & reminders).
  • For Example: Hello! Thank you for contacting Aqua Home Loans, how can we help you? Msg frequency varies. Reply HELP for help STOP to Stop. Msg&DataRatesMayApply. For more info, please visit this link Privacy Policy and this link Terms of Use and SMS.

• Message Frequency- Our SMS message frequency will be from 25 to 500 text messages daily across all users.
• Potential Fees for SMS Messaging- Many carriers charge a fee for each message sent or received. This can vary depending on the carrier's pricing structure and whether the message is sent domestically or internationally.
• Opt-In Method- Customer will Opt-In for SMS messaging from Aqua Home Loans through intake forms on their website located at (Contact), this agreement for SMS will not be shared with third parties for marketing purposes.
• Opt-out: Customer will be able to opt out of SMS messaging from Aqua Home Loans by replying STOP at any time to any received SMS message, once opted-out they will receive no further SMS communication. They can Opt back in at any time by replying START

SMS Privacy Policy:

No mobile opt-in or text message consent will be shared with third parties (and Aqua Home Loans does not have any affiliates).

If you consent to receive SMS from Aqua Home Loans, you agree to receive conservational and informational SMS from us. Reply STOP to opt-out; Reply HELP for support; Message & data rates may apply; Messaging frequency may vary. Visit this link Privacy Policy to see our Privacy Policy and this link Terms of Use and SMS for Terms of Use and SMS.

Types of SMS Messages Recipient Can Expect to Receive

When you opt in to receive SMS messages, you may receive the following types of messages:

• Conversational- responses to your inquiries, troubleshoot issues & provide assistance related to our products and services
• Informational- Updates or changes to application, and appointment scheduling & reminders

Standard SMS Messaging Disclosures

• No mobile opt-in or text message consent will be shared with third parties (and Aqua Home Loans does not have any affiliates).
• Messaging frequency may vary.
• Message and data rates may apply as determined by your mobile carrier.
• You can opt out of receiving SMS messages at any time by texting “STOP”.
• SMS Opt-in information isn’t shared with third-parties.
• For assistance, you can text “HELP” or call us at 808-270-1111 or visit our Privacy Policy and Terms of Use and SMS page.
• By submitting your phone number, you consent to receive SMS notifications from Aqua Home Loans.

• You acknowledge that your consent to receive SMS messages is completely optional, and not a condition of doing business with us.

Opting In and Out

• Opting in to SMS messages is entirely optional. You can manage your preferences at any time by updating your account settings or following the instructions provided in the messages.
• By opting in, you agree that we may send SMS messages to the phone number you provide.
• For additional information, please refer to our Privacy Policy and Terms of Use and SMS. If you have any questions or need support, please contact us at 808-270-1111 or Team@AquaHL.com

COPYRIGHT AND TRADEMARK RIGHTS

-The contents of www.AquaHomeLoans.com are copyrighted and owned by Aqua Home Loans and are protected by the laws of the United States, its treaty countries, and other jurisdictions. All rights are reserved, and no distribution, reproduction, or transmission of the copyrighted materials at this Website is permitted without the written permission of Aqua Home Loans.

-All logos, trademarks, and service marks are the property of Aqua Home Loans.

Changes to the Terms of Use

-We may update and revise these Terms of Use periodically at our sole discretion.

-All changes are effective immediately when we post them and apply to all access and use to the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the modification is posted on the Website.

-Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

-You are expected to check this page frequently/ from time to time/ each time you access this Website so you are aware of any changes, as they are binding on you.

Changes to Website Content

-Aqua Home Loans strives to make sure that the information on its website is accurate, but errors or inaccuracies can occur. It should be noted that you use this website at your own risk.

-We update the content on this Website periodically, but its content is not necessarily up-to-date or complete. Any of the material on the Website could be out of date at any given time, and we are under no obligation to update such material. That being said, we do our best to keep the information updated at all times to the best of our knowledge.

Information About You and Your Visits to the Website

-All information on this Website that is collected from you is subject to our Privacy Policy. By using the Website, you agree and consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Accessing the Website and Account Security

-We reserve the right to amend, update or withdraw this Website, and any service or material we provide on the Website, in our sole discretion without notice.

- We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

- From time to time, we may restrict access to the entire Website, or some parts of the Website, to users, including registered users.

You are responsible for:

• Making all arrangements needed for you to have access to the Website.
• Ensuring that all individuals who access the Website through your internet connection are aware of these Terms of Use and comply with them.

• To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
• If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
• We have the right to disable any password, user name, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

Linking to the Website and Social Media Features

• You may link to our homepage, provided you do so in a way that is legal and fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of approval, association, endorsement on our part without our express written consent.

Geographic Restrictions

• The owner of this Website is based in the state of Hawaii in the United States. We provide this Website for use only by individuals located in the United States. We make no claims that the Website or any of its content is appropriate or accessible outside of the United States.
• Access to the Website may not be legal in certain countries or by certain individuals. If you access the Website from outside the United States, you warrant that you are doing so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

• You understand that we cannot and do not guarantee or warrant that files available for downloading from this Website or the internet will be free of viruses or other destructive code.
• You are responsible for implementing appropriate checkpoints and procedures to satisfy your particular requirements for anti-virus protection and accuracy of data output and input, and for maintaining a means external to our site for any reconstruction of any lost data.
• WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER PROGRAMS, YOUR COMPUTER EQUIPMENT, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
• YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY ITEMS OR SERVICES OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS. NEITHER ANY PERSON ASSOCIATED WITH THE COMPANY NOR THE COMPANY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, RELIABILITY, SECURITY, ACCURACY, QUALITY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ANY PERSON ASSOCIATED WITH THE COMPANY NOR THE COMPANY WARRANTS OR REPRESENTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE RELIABLE, ACCURATE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.
• THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
• THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Limitation on Liability

• IN NO EVENT WILL THE COMPANY, THEIR LICENSORS OR ITS AFFILIATES, EMPLOYEES, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING IN CONNECTION WITH OR OUT OF YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
• THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Indemnification

• You agree to indemnify, defend, and hold harmless the Company, its licensors, affiliates, and service providers, and its and their respective directors, officers, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, claims, damages, awards, losses, judgments, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of this Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

• All matters relating to these Terms of Use and this Website and any claim or dispute arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule (whether of the State of Hawaii or any other jurisdiction).
• Any legal action, suit, or proceeding arising out of, or related to, these Terms of Use or this Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Hawaii in each case located in the City of Wailuku and County of Maui although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts as well as to venue in such courts.

Limitation on Time to File Claims

• ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. 

Waiver and Severability

• No waiver of by the Company of any condition or term set forth in these Terms of Use shall be deemed a further or continuing waiver of such condition or term a waiver of any other condition or term, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
• If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be illegal, invalid, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

• The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Aqua Home Loans, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, representations, agreements, and warranties, both oral and written, with respect to this Website.

Your Comments and Concerns

• This website is operated by Aqua Home Loans, 145 N Kihei Rd Ste 5, Kihei, HI 96753.
• All other comments, feedback, requests for technical support and other communications relating to this Website should be directed to: Team@AquaHL.com.

CHANGES TO THIS POLICY

• This policy is effective August 2, 2025. We reserve the right to alter this privacy policy statement at our discretion. Any change to this policy statement will be posted on our web site in a timely manner.

Thank you for visiting this Website.