Terms of Service
Welcome, and mahalo for visiting. Please read these Terms of Service carefully before using this website. By accessing or using pennhenderson.com, you agree to be bound by these terms. If you do not agree, please do not use the site.
1. About This Site
This website is owned and operated by Penn Henderson, a licensed Hawaii real estate salesperson (License RS-83962) affiliated with Compass (License RB-23206). In these terms, “I,” “me,” and “my” refer to Penn Henderson. “You” and “your” refer to any visitor to this site.
My relationship with Compass
I am an independent contractor affiliated with Compass. I am not an employee of Compass, and this website is my own marketing site. It is not operated, controlled, or maintained by Compass. Nothing on this site should be read as a statement, promise, or commitment made by Compass or any of its affiliates.
If you visit compass.com or any Compass-operated platform, your use of those sites is governed by Compass’s own terms of service and privacy policy, not by these terms.
75-1029 Henry St., Suite 301
Kailua-Kona, HI 96740
(808) 345-6214
penn@pennhenderson.com
2. Who May Use This Site
You must be at least 18 years old to use this site. By using it, you represent that you meet that requirement and that you have the legal capacity to agree to these terms.
This site is intended for visitors located in the United States. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with your local laws.
3. Property Listings and MLS Data
Property search and listing information on this site is delivered through iHomeFinder, an Internet Data Exchange (IDX) service, using data supplied by Hawaii Information Service.
Please understand the following about this data. Listing information is provided exclusively for your personal, non-commercial use. You may use it only to identify properties you may be interested in buying or leasing. Any other use is prohibited.
Listings displayed here may be offered by brokerages other than Compass and appear courtesy of the MLS IDX program, with attribution to the listing broker as required by MLS rules.
All information is deemed reliable but is not guaranteed. I do not independently verify listing data, square footage, lot size, zoning, permit status, lava zone designation, leasehold terms, association fees, tax records, or any other property detail. Measurements are approximate. Properties are subject to price changes, contract, prior sale, or withdrawal without notice.
You should independently confirm anything that matters to your decision, and I encourage you to retain qualified inspectors, surveyors, and other professionals.
You may not scrape, harvest, copy, republish, redistribute, or create derivative datasets from any listing data on this site, and you may not use it to train, fine-tune, or develop any machine learning or artificial intelligence system.
4. Accounts and Saved Searches
Some features, including saved searches and property alerts, require you to register. If you register, you agree to provide accurate information and to keep your login credentials secure. You are responsible for activity that occurs under your account. Let me know right away if you believe your account has been accessed without your permission.
I may suspend or remove any account at my discretion.
5. Communications and Consent
When you submit a form, register for an account, or otherwise provide your contact information on this site, you consent to be contacted by me by email, phone, or text message regarding your inquiry and regarding real estate services, properties, and market information that may be of interest to you.
I use third-party platforms including iHomeFinder, Follow Up Boss, and Compass CRM systems to manage contacts and send communications. Information you submit may be stored and processed in those systems.
You can unsubscribe at any time using the link in any marketing email, or by writing to penn@pennhenderson.com.
Text messages
If you consent to receive texts, message frequency varies, and message and data rates may apply. Reply STOP to any message to opt out, or HELP for assistance. Consenting to texts is not a condition of any purchase or of receiving real estate services.
Consent granted here applies to communications from me. It does not extend to Compass, to lenders, title companies, or to any other third party. To stop communications from those parties, follow their own opt-out procedures.
6. Fair Housing and Equal Opportunity
I am committed to the letter and the spirit of federal, state, and county fair housing law. I do not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, familial status, national origin, ancestry, age, marital status, disability, HIV infection, or any other characteristic protected under the Fair Housing Act or Hawaii Revised Statutes Chapter 515.
If you believe you have experienced housing discrimination, you may contact the Hawaii Civil Rights Commission or the U.S. Department of Housing and Urban Development.
7. Not Professional Advice
The content on this site is provided for general informational purposes. It is not legal, tax, financial, engineering, or investment advice, and it does not create an agency or client relationship between us.
Market commentary, community descriptions, valuation estimates, and mortgage or payment calculators are illustrative only. Estimates produced by any calculator or automated valuation tool on this site are not appraisals and should not be relied on as a determination of market value or of what you can borrow.
An agency relationship is created only through a signed written agreement. Until such an agreement is in place, no such relationship exists.
Please consult an attorney, CPA, licensed lender, or other qualified professional before making decisions based on anything you read here.
8. Acceptable Use
You agree not to:
- Use this site for any unlawful purpose or in violation of these terms
- Scrape, crawl, spider, harvest, or use automated tools to extract content or listing data
- Use any content from this site to train or develop artificial intelligence or machine learning systems
- Attempt to gain unauthorized access to the site, its servers, or any connected system
- Interfere with the operation of the site or impose an unreasonable load on its infrastructure
- Reverse engineer, decompile, or attempt to derive the source code of any part of the site
- Impersonate any person or misrepresent your affiliation with any person or entity
- Upload viruses, malicious code, or anything designed to damage or disrupt the site
- Copy, reproduce, or redistribute site content for commercial purposes without my written permission
- Use contact information found on this site to send unsolicited commercial messages
9. Intellectual Property
Except for MLS listing data and clearly identified third-party materials, the content on this site is my property or is used under license. This includes photography, video, written copy, community guides, market analysis, the custom Big Island map graphic, logos, and site design.
You may view and download content for your own personal, non-commercial use. You may not reproduce, republish, distribute, modify, or use it commercially without my prior written permission.
Compass trademarks, logos, and brand assets appear on this site under my affiliation with Compass and remain the property of Compass, Inc. Nothing here grants you any right to use them.
10. Content You Submit
If you submit reviews, testimonials, comments, photographs, or other material to this site or to me for use in marketing, you grant me a non-exclusive, royalty-free, worldwide license to use, reproduce, adapt, and display that material in connection with my real estate business, including on this site, in print, and on social media.
You represent that you own or have the right to grant that license, and that the material does not infringe anyone’s rights or violate any law.
I may remove or decline to publish any submission for any reason.
11. Third-Party Services and Links
This site links to and integrates with services operated by others, including iHomeFinder, Hawaii Information Service, Compass, Follow Up Boss, mapping providers, mortgage calculators, and social media platforms. It also links to outside websites for your convenience.
I do not control those services or sites, and I am not responsible for their content, accuracy, security, availability, or privacy practices. A link is not an endorsement. Your use of any third-party service is subject to that provider’s own terms and privacy policy, and I encourage you to review them.
12. Privacy
My handling of information collected through this site is described in my Privacy Policy, which is incorporated into these terms by reference.
Note that Compass maintains its own separate privacy policy governing information processed through Compass systems.
13. Accessibility
I am working to keep this site usable by everyone, including visitors using assistive technology. My Accessibility Statement describes that ongoing effort and how to reach me if you encounter a barrier. If any content on this site is not accessible to you, contact me at penn@pennhenderson.com or (808) 345-6214 and I will work with you to provide the information you need.
14. Disclaimer of Warranties
This site and all content on it are provided “as is” and “as available,” without warranty of any kind, express or implied. To the fullest extent permitted by law, I disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
I do not warrant that the site will be uninterrupted, secure, error-free, or free of harmful components, or that any defect will be corrected. I do not warrant the accuracy, completeness, or currency of any content, including listing data supplied by third parties.
You use this site at your own risk.
15. Limitation of Liability
To the fullest extent permitted by Hawaii law, I will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or relating to your use of this site, regardless of the legal theory and even if I have been advised that such damages are possible.
My total liability for any claim arising out of or relating to this site or these terms will not exceed one hundred dollars ($100.00).
I am not liable for errors or omissions in third-party listing data, for interruptions or failures of third-party services, or for any security incident originating with a third-party vendor.
Some jurisdictions do not allow certain limitations of liability. Where that is the case, the limitations above apply to the fullest extent the law allows.
Nothing in this section limits any obligation I owe you under Hawaii real estate license law or under a signed agency agreement.
16. Indemnification
You agree to indemnify and hold harmless Penn Henderson, and to the extent applicable Compass and its affiliates, from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of your use of this site, your violation of these terms, your violation of any law, or your infringement of any third party’s rights.
17. Copyright Complaints
If you believe material on this site infringes your copyright, send written notice to penn@pennhenderson.com including:
- Identification of the copyrighted work you claim has been infringed
- Identification of the material on this site you claim is infringing, with enough detail for me to locate it
- Your name, address, telephone number, and email address
- A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
- Your physical or electronic signature
I will investigate and remove infringing material where appropriate.
18. Changes to These Terms
I may update these terms at any time. The revised version takes effect when posted, and the “Last updated” date at the top will reflect the change. Your continued use of the site after an update means you accept the revised terms. Please check back periodically.
I may also modify, suspend, or discontinue any part of this site without notice.
19. Governing Law and Venue
These terms are governed by the laws of the State of Hawaii, without regard to its conflict of law rules. Any dispute arising out of or relating to these terms or your use of this site will be brought exclusively in the state or federal courts located in the State of Hawaii, and you consent to the jurisdiction of those courts.
20. General
Entire agreement. These terms, together with my Privacy Policy and Accessibility Statement, are the complete agreement between us regarding this site.
Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions stay in effect.
No waiver. If I do not enforce a provision, that is not a waiver of my right to enforce it later.
Assignment. You may not assign these terms. I may assign them in connection with a transfer of my business.
Headings. Section headings are for convenience and do not affect interpretation.
21. Questions
If anything here is unclear, please reach out.
Compass, License RB-23206
75-1029 Henry St., Suite 301
Kailua-Kona, HI 96740
(808) 345-6214
penn@pennhenderson.com
Mahalo.