AGREEMENT BETWEEN CUSTOMER AND LUAU KALAMAKU
This website is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.
PERSON AND COMMERCIAL USE AND LIMITATIONS
The content and information on this website (including, without limitation, description, price and availability of tour and charter services), as well as the infrastructure used to provide such content and information, is proprietary to Luau Kalamaku or its suppliers and providers. Accordingly, as a condition of using this website, you agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your tour documents for tour or services purchased through this website, you agree not to modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this website.
COPYRIGHT AND TRADEMARK NOTICES
All content of this website site are: ©2015 Luau Kalamaku, 2880 Kilihau Street, Honolulu HI 96819 USA. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, LUAU KALAMAKU AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TOURS, AIR, PRICING, PHOTOGRAPHIC CONTENT, GENERAL PRODUCT DISCRIPTIONS, WEATHER, OR OTHER TOUR PRODUCTS DISPLAYED ON THIS WEBSITESITE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LUAU KALAMAKU, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE SITE AT ANY TIME.
LUAU KALAMAKU, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY LUAU KALAMAKU OR ITS AFFILIATES.. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LUAU KALAMAKU, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS AND OTHER SUPPLIERS PROVIDING TOUR OR OTHER SERVICES FOR LUAU KALAMAKU ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LUAU KALAMAKU OR ITS AFFILIATES. LUAU KALAMAKU AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. LUAU KALAMAKU AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL LUAU KALAMAKU, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LUAU KALAMAKU, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend and indemnify Luau Kalamaku, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by
(i) you or on your behalf in excess of the liability described above; or
(ii) by third parties as a result of
(a) your breach of these website Terms, Conditions and Notices or the documents referenced herein; (b) your violation of any law or the rights of a third party; or
(c) your use of this website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
This website may contain hyperlinks to websites operated by parties other than Luau Kalamaku. Such hyperlinks are provided for your reference only. Luau Kalamaku does not control such website and is not responsible for their contents or your use of them. Luau Kalamaku inclusion of hyperlinks to such website does not imply any endorsement of the material on such website or any association with their operators.
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this Website (“Software”) is the copyrighted work of Luau Kalamaku its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, Luau Kalamaku hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Website site in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this website site, is owned by Luau Kalamaku its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
TERMS, CONDITIONS AND WARRANTIES
Although most event are completed without incident, some acts and events may involve greater risk than others. Luau Kalamaku urges visitors to review prohibitions, warnings, announcements and advisories included in this website, issued by the United States Government, City and County employees. Information on conditions on various tours and the level of risk associated with touring can be found at,
http://www.dot.gov
http://www.faa.gov
http://www.nps.gov/archive/usar/pphtml/planyourvisit.html
http://www.customs.gov
MODIFICATION OF THESE TERMS AND CONDITIONS
Luau Kalamaku reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of Luau Kalamaku website and facilities.
GENERAL
This agreement is governed by the laws of the State of Hawaii, USA. You hereby consent to the exclusive jurisdiction and venue of courts in County of Honolulu, Hawaii, USA, in all disputes arising out of or relating to the use of this website site. Use of this website site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Luau Kalamaku as a result of this agreement or use of this website.
Luau Kalamaku’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Luau Kalamaku’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Luau Kalamaku with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and Luau Kalamaku with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Luau Kalamaku with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
USE OF LUAUKALAMAKU.com TOUR AGENT FEATURE
The LuauKalamaku.com Travel Agent feature of this website is provided solely to assist customers in determining and gathering information regarding activity-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the tour services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the tour services reservation facilities of this website may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase of activity-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any tours and activities, in your forfeiting any monies paid for such reservation(s) or purchase, and in Luau Kalamaku debiting your account for any costs Luau Kalamaku incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.
USE OF KALAMAKU.COM
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree that any and all users will be at least 18 years of age. You agree to be financially responsible for use of this website (as well as for use of your account by others, including, without limitation, minors living with you) by any and all users you designate. You agree to supervise all usage of this website by your designated users and minors under your name or account. You also warrant that all information supplied by you, members of your household, or user acting on your behalf in using this website site is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited, whether such actions are conducted b you. You agree that the tour services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the tour services reservation facilities of this website by you or any and all users you designate may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase of tour-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any activities or tours, in your forfeiting any monies paid for such reservation(s) or purchase, and in Luau Kalamaku debiting your account for any costs Luau Kalamaku incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this website, and, without limitation, you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed on your behalf, whether or not such uses were performed with your consent.
