PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site isexpressly conditioned on your acceptance of the following terms andconditions. By using this site, you signify your assent to these terms andconditions. If you do not agree with any part of the following terms andconditions, you must not use this site.
1. OWNERSHIP. This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrightedproperty of MyHawaiiVacationPackage.com and/or its various third party providers and distributors. Much of the content found on this site is owned by third party providers and distributors and, specifically, certain data relating to schedules is the copyrighted work of Official Airline Guides, Inc. and otherinformation providers. In addition, the trademarks, logos andservice marks displayed on this site (collectively, the “Trademarks”) areregistered and common law Trademarks of MyHawaiiVacationPackage.com, itsaffiliates, and various third parties. Nothing contained on this site shouldbe construed as granting, by implication, estoppel, or otherwise, anylicense or right to use any of the Trademarks without the writtenpermission of MyHawaiiVacationPackage.com, or such other party that may ownthe Trademarks. AAA trademarks and service marks, including AAA and the Diamond Ratings trademarks and service marks (“AAA Marks”), are owned by the American Automobile Association (“AAA”). As a MyHawaiiVacationPackage.com user, you may view and search the AAA Marks but are prohibited from using the AAA Marks in any non-MyHawaiiVacationPackage.com application without first obtaining AAA’s consent.
2. USE OF SITE. MyHawaiiVacationPackage.com grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimatereservations or purchases and shall not use this site for any otherpurposes, including without limitation, to make any speculative, false orfraudulent reservation or any reservation in anticipation of demand. Thissite and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of MyHawaiiVacationPackage.com, and/or its third party providers and distributors, except that you may download, displayand print the materials presented on this site for your personal, non-commercial use only. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of MyHawaiiVacationPackage.com. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that MyHawaiiVacationPackage.com deems in its sole discretion to be unreasonable or disproportionate to the benefits MyHawaiiVacationPackage.com obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of suchmaterials on any other Web site or in any environment of networkedcomputers is prohibited. You are prohibited from posting or transmittingany unlawful, threatening, libelous, defamatory, obscene, indecent,inflammatory, pornographic or profane material or any material that couldconstitute or encourage conduct that would be considered a criminaloffense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you.
4. PRIVACY. You have read the MyHawaiiVacationPackage.com Privacy Policy, theterms of which are incorporated herein, and agree that the terms of suchpolicy are reasonable. You consent to the use of your personalinformation by MyHawaiiVacationPackage.com and/or its third party providers anddistributors in accordance with the terms of and for the purposes set forthin the MyHawaiiVacationPackage.com Privacy Policy.
5. REVIEW OF TRANSMISSIONS. MyHawaiiVacationPackage.com may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that MyHawaiiVacationPackage.com deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant MyHawaiiVacationPackage.com and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. MyHawaiiVacationPackage.com takes no responsibility and assumes no liability for any content posted or submitted by you.
6. EXCLUSION OF WARRANTY.MyHawaiiVacationPackage.com ANDANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NOWARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANYMATERIALS PROVIDED ON THIS SITE, ALL OF WHICH AREPROVIDED ON AN “AS IS” BASIS. MyHawaiiVacationPackage.com ANDANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOTWARRANT THE ACCURACY, COMPLETENESS, CURRENCY ORRELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THISSITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIESAND CONDITIONS, INCLUDING IMPLIED WARRANTIES ANDCONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BYSTATUTE OR OTHERWISE IN LAW OR FROM A COURSE OFDEALING OR USAGE OF TRADE. NEITHER MyHawaiiVacationPackage.com NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM MyHawaiiVacationPackage.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. MyHawaiiVacationPackage.com ASSUMES NORESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGESTO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENTOR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USEOF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANYMATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THESITE. IN NO EVENT SHALL MyHawaiiVacationPackage.com OR ANYTHIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANYINJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY,PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGESOF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS ORLOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICTLIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANYWAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENTFOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOTLIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENTOF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THEPERFORMANCE OR NON PERFORMANCE BY MyHawaiiVacationPackage.com OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATIONEVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OFDAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, MyHawaiiVacationPackage.com or any third partyprovider or distributor should be found liable for any loss or damage whicharises out of or is in any way connected with any of the above describedfunctions or uses of this site or its content, the liability of MyHawaiiVacationPackage.com and the third party providers and distributors shall in no eventexceed, in the aggregate, the greater of (a) the subscription fee andservice charge for accessing this site, or (b) US$100.00. In its solediscretion, in addition to any other rights or remedies available toMyHawaiiVacationPackage.com and without any liability whatsoever,MyHawaiiVacationPackage.com at any time and without notice may terminate orrestrict your access to any component of this site. Some states do notallow limitation of liability, so the foregoing limitation may not apply toyou.
8. INDEMNIFICATION. You shall defend and indemnify MyHawaiiVacationPackage.com and any third party providers and distributors and their officers,directors, employees and agents from and against any claim, cause ofaction or demand, including without limitation reasonable legal andaccounting fees, brought by or on your behalf in excess of the liabilitydescribed herein or by third parties as a result of your use of this site.
9. LINKS. This site may contain links to other Web sites which are providedsolely as a convenience to you and not as an endorsement byMyHawaiiVacationPackage.com, its third party providers or distributors of thecontents of such other Web sites. None of MyHawaiiVacationPackage.com or anythird party provider or distributor shall be responsible for the content ofany other Web sites and make no representation or warranty regardingany other Web sites or the contents or materials on such Web sites. If youdecide to access other Web sites, you do so at your own risk.
10. RELATIONSHIP. The relationship between MyHawaiiVacationPackage.com andyou will be that of independent contractors, and neither of us nor any ofour respective officers, agents or employees will be held or construed tobe partners, joint ventures, fiduciaries, employees or agents of the other.
11. GOVERNING LAW. This Agreement and its performance shall begoverned by the laws of the state of Hawaii, United States of America,without regard to its conflict of laws provisions. You consent and submitto the exclusive jurisdiction of the state and federal courts located inHonolulu county, the state of Hawaii, United States of America, in allquestions and controversies arising out of your use of this site and thisAgreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
12. ATTORNEY’S FEES. If MyHawaiiVacationPackage.com or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
13. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to MyHawaiiVacationPackage.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that MyHawaiiVacationPackage.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by MyHawaiiVacationPackage.com in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
14. TERMINATION. MyHawaiiVacationPackage.com may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not effect any =right to relief to which MyHawaiiVacationPackage.com and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to MyHawaiiVacationPackage.com and its third party providers or distributors, as applicable.
15. ASSIGNMENT. You may not assign, convey, subcontract or delegateyour rights, duties or obligations hereunder.
16. MODIFICATION. MyHawaiiVacationPackage.com may at any time modifythese terms and conditions and your continued use of this site will beconditioned upon the terms and conditions in force at the time of youruse.
17. ADDITIONAL TERMS. Additional terms and conditions may apply toreservations, purchases of goods and services and other uses of portionsof this site, and you agree to abide by such other terms and conditions.
18. SEVERABILITY. These terms and conditions shall be deemedseverable. In the event that any provision is determined to beunenforceable or invalid, such provision shall nonetheless be enforced tothe fullest extent permitted by applicable law, and such determinationshall not affect the validity and enforceability of any other remainingprovisions.
19. HEADINGS. The headings used in this User Agreement areincluded for convenience only and will not limit or otherwise affect theterms and conditions herein.
20. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entireagreement between us relating to the subject matter hereof, andsupersedes any prior understandings or agreements (whether oral orwritten) regarding the subject matter, and may not be amended ormodified except in writing or by making such amendments ormodifications available on this site.
