Terms of Use

These Terms of Use (“Terms”) govern your access to and use of gqrental.homes, the GQ Rental website, and the GQ Rental tenant portal (together, the “Service”). The Service is operated by Nathaniel O. Griffin and Melanie Quintana-Griffin (the “Landlord,” “we,” “us,” or “our”), the owners of the rental property offered through it, using the POWR property-management platform provided by AgriWorks Crop Solutions, LLC. By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Relationship to your lease and to Hawaiʻi law

These Terms govern your use of the website and portal only. They are not a lease and do not create a tenancy. Your tenancy, rent, security deposit, and the rights and duties of landlord and tenant are governed by your separately signed Rental Agreement and by the Hawaiʻi Residential Landlord-Tenant Code (Hawaiʻi Revised Statutes chapter 521). Nothing in these Terms limits, waives, or modifies any right or remedy you have under your Rental Agreement or under chapter 521 or other applicable law. If anything in these Terms conflicts with your Rental Agreement or with applicable law, your Rental Agreement and the law control.

2. Eligibility and your account

You must be at least 18 years old and able to form a binding contract to create an account. You agree to provide accurate, current information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials, for enabling and safeguarding any multi-factor authentication, and for all activity that occurs under your account. Notify us promptly at nateandmelaniehawaii@gmail.com of any unauthorized use.

3. Acceptable use

You agree not to:

• Use the Service in violation of any applicable law or regulation;
• Access, or attempt to access, any account, data, or area not intended for you;
• Upload content that is unlawful, that infringes another’s rights, or that you do not have the right to provide;
• Introduce malware, probe for vulnerabilities, circumvent access controls, or otherwise interfere with the security or operation of the Service;
• Use automated means to scrape or harvest the Service, or use it to train any machine-learning or artificial-intelligence system, except as expressly authorized in writing;
• Impersonate any person or misrepresent your affiliation with any person or entity.

4. Electronic records and signatures

The Service lets you receive, review, and sign documents (such as your lease) electronically. By using these features you consent, under the federal E-SIGN Act and the Hawaiʻi Uniform Electronic Transactions Act, to transact electronically and to the use of electronic records and signatures. An electronic signature you make is legally binding to the same extent as a handwritten signature. You may withdraw consent to transact electronically, or request a paper copy of any record, by contacting us; doing so may affect your ability to use certain features. You should retain copies of documents made available to you; signed documents remain accessible in your portal.

5. Documents and information you provide

To operate your tenancy we may ask you to provide information and documents, including a government-issued photo ID for identity verification before signing, insurance, and similar records. You represent that everything you submit is accurate and that you have the right to provide it. We handle this information as described in our Privacy Policy and store it using the safeguards described in our Securityoverview.

6. Payments

Rent, electricity, and other charges are set by your Rental Agreement, not by these Terms. Where the Service is used to bill or collect those charges, payments are processed by our third-party payment processor, Stripe, under Stripe’s own terms and privacy policy. We do not store your full card or bank-account numbers; that information is handled by Stripe. If you enroll in automatic payments (ACH), you authorize the charges on the schedule you approve until you cancel. Failed, late, or disputed payments are handled in accordance with your Rental Agreement and applicable law.

7. Intellectual property

The Service, its content, and its software are owned by us or our licensors and are protected by intellectual-property laws. “POWR” and “AgriWorks” are trademarks of AgriWorks Crop Solutions, LLC. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for managing your own tenancy. Documents and information that you upload remain yours; you grant us a license to host and process them only as needed to operate the Service and your tenancy.

8. Third-party services

The Service relies on third-party providers (for example, Stripe for payments, and email and hosting providers). Your use of those services may be subject to their own terms. We are not responsible for third-party services we do not control.

9. Disclaimers

Except for our obligations under your Rental Agreement and applicable law, the Service is provided “as is” and “as available,” without warranties of any kind to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted or error-free. This disclaimer does not apply to, and does not limit, our duties as your landlord under your Rental Agreement or under Hawaiʻi law.

10. Limitation of liability

To the maximum extent permitted by law, and except for our obligations under your Rental Agreement and applicable law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Service. Nothing in this section limits or waives any right or remedy you have under the Hawaiʻi Residential Landlord-Tenant Code or your Rental Agreement, including the return of your security deposit.

11. Indemnification

You agree to indemnify and hold us and AgriWorks Crop Solutions, LLC harmless from claims and expenses arising out of your misuse of the Service, your violation of these Terms, or your violation of the rights of a third party. This does not apply to claims arising from our own obligations as landlord.

12. Suspension and termination

We may suspend or terminate your access to the Service if you violate these Terms or for the security or proper operation of the Service. Terminating portal access does not end your tenancy or affect your rights or our duties under your Rental Agreement or Hawaiʻi law; those continue regardless of portal access.

13. Governing law and venue

These Terms are governed by the laws of the State of Hawaiʻi, without regard to conflict-of-laws principles. Any dispute relating to the Service (as distinct from your tenancy, which is governed by your Rental Agreement and chapter 521) shall be brought in the state or federal courts located in Honolulu, Hawaiʻi.

14. Changes to these Terms

We may revise these Terms from time to time. The “Last updated” date and version above reflect the most recent revision. When we make material changes we will ask you to review and accept the updated Terms the next time you sign in. Your continued use after changes take effect constitutes acceptance.

15. Contact

GQ RentalNathaniel O. Griffin and Melanie Quintana-Griffin
Kāneʻohe, Hawaiʻi
Email: nateandmelaniehawaii@gmail.com