Terms of Use

These Terms of Use (“Terms”) govern your use of the Mary Kawena Pukui Society website at www.marykawenapukuisoc.org (the “Site”), operated by Bishop Museum (“the Museum,” “we,” “us”). By accessing or using the Site you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

1. Nature of the Site — no advice

Tax and estate laws change frequently and depend on your individual circumstances. Before making any gift or changing any will, trust, beneficiary designation, or account, you should consult your own attorney, accountant, or financial advisor. The Museum encourages you to do so.

2. Illustrations (calculators)

The Site includes interactive illustrations that show, in general terms, how certain gift vehicles work. You acknowledge and agree that:

• Illustrations use simplified formulas and published assumptions (such as IRS Section 7520 rates, ACGA suggested rates, and federal exclusion amounts) that may be out of date, may not apply to you, and omit state taxes, alternative minimum tax, income limitations, and other factors.
• Illustrations are not estimates, projections, quotations, offers, or guarantees of any payment, deduction, tax result, or benefit, and are not calculations prepared for you by the Museum.
• Actual results depend on facts, elections, and law that the illustration does not consider, and on figures that only a qualified professional can prepare for you.
• You will not rely on any illustration in making a financial, legal, or estate-planning decision.

3. Ask assistant (artificial intelligence)

The Site’s “Ask” feature uses third-party artificial-intelligence services to generate responses from the Museum’s published materials. You acknowledge and agree that:

• Responses are generated automatically and are not written, reviewed, or approved by Museum staff before you see them. They may be incomplete, out of date, or wrong, and may misstate the law or the Museum’s programs.
• Responses are not statements, representations, commitments, or advice of the Museum, and do not create any obligation of the Museum. Only a written communication signed by an authorized Museum officer binds the Museum.
• You will not rely on the assistant in place of your own professional advisors, and you will verify any information that matters to you.
• You will not enter sensitive personal information (such as government identification numbers, account numbers, or health information) or information about other people, and you will not use the assistant to attempt to extract, manipulate, or misuse the underlying systems.

4. Document tools (sample language, instruction sheets, letters)

The Site can generate sample bequest language, beneficiary-designation instruction sheets, and letters you may choose to send to your IRA custodian. These are templates and samples only. They are not legal documents, are not tailored to your circumstances or to the requirements of any particular custodian or jurisdiction, and may need to be modified or may not be appropriate for you. Your attorney must review any language before it is placed in a will or trust. The Museum is not responsible for the acceptance, rejection, processing, or tax treatment of any form, letter, or designation by any custodian, financial institution, or government agency.

5. Gift intents and inquiries

Submitting a gift intent, stock gift inquiry, or IRA letter request through the Site is a courtesy notice to the Museum. It is not a pledge, contract, or legally binding commitment, and it does not obligate you or your estate. Likewise, the Museum’s acknowledgment of a submission is not an acceptance of any gift; the Museum reserves the right to decline any gift in accordance with its gift acceptance policies. Transfer instructions for securities are provided separately by the Museum on request and are confidential.

6. Accuracy of content

We try to keep the Site accurate and current, but we make no promise that any content, including statutory limits, rates, dates, procedures of third-party custodians, or descriptions of Museum programs, is complete, accurate, or up to date. Content may be changed or removed at any time without notice.

7. Acceptable use

You agree not to: use the Site for any unlawful purpose; submit false or misleading information; impersonate any person; attempt to gain unauthorized access to any part of the Site, its systems, or its data (including the staff portal); interfere with the Site’s operation; scrape, harvest, or bulk-download content; use automated means to access the Site except ordinary search-engine indexing; or reverse engineer, probe, or attempt to circumvent any security or usage limits, including those of the Ask assistant.

8. Intellectual property

The Site and its content — including text, photographs, patterns, illustrations, software, and the Mary Kawena Pukui Society and Bishop Museum names and marks — are owned by or licensed to the Museum and are protected by copyright, trademark, and other laws. You may view, print, and download materials for your personal, noncommercial use in connection with considering a gift to the Museum. Any other use requires our prior written permission. Sample language and letters generated for you may be used for the purpose of making a gift to the Museum.

9. Third-party services and links

The Site relies on third-party services (including hosting, database, email, and AI providers) and links to third-party websites, including financial custodians. We do not control and are not responsible for third-party services, sites, or their content, availability, security, or practices.

10. Disclaimer of warranties

THE SITE, ITS CONTENT, ILLUSTRATIONS, DOCUMENT TOOLS, AND THE ASK ASSISTANT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE MUSEUM AND ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF MONEY, TAX BENEFIT, INCOME, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR RELIANCE ON THE SITE, ITS CONTENT, ANY ILLUSTRATION, ANY DOCUMENT GENERATED BY THE SITE, OR ANY RESPONSE OF THE ASK ASSISTANT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MUSEUM’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case liability is limited to the fullest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Museum and the persons listed in Section 11 from any claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your misuse of the Site, or your reliance on the Site in place of professional advice.

13. Privacy

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms.

14. Preview access

While the Site is in pre-release review it may be protected by an access password. Access credentials are confidential and may not be shared. Content shown during preview is subject to change.

15. Governing law and disputes

These Terms are governed by the laws of the State of Hawaiʻi, without regard to conflict-of-laws principles. You agree that any dispute arising out of or relating to the Site or these Terms shall be brought exclusively in the state and federal courts located in Honolulu, Hawaiʻi, and you consent to their jurisdiction. Any claim must be brought within one (1) year after it arises, or it is permanently barred. If any provision of these Terms is held unenforceable, the remainder shall remain in effect.

16. Changes; entire agreement

We may revise these Terms at any time by posting an updated version with a new effective date; continued use of the Site after a change constitutes acceptance. These Terms and the Privacy Policy are the entire agreement between you and the Museum regarding the Site. Our failure to enforce any provision is not a waiver.

17. Contact

Bishop Museum
Attn: Liza Lee, Director of Individual Giving
1525 Bernice Street, Honolulu, HI 96817
Liza.lee@bishopmuseum.org