WEBSITE TERMS AND CONDITIONS OF USE

Welcome to the CLUBHAWAII Website.  We hope that you will find our Website useful for you as you plan your travels in the state of Hawaii.  Of necessity we must require that you follow certain terms and conditions when using this Website.  Please review the following terms carefully.  By using our Website you are agreeing to comply with and be bound by the following terms and conditions of use.  If you do not agree to these terms, you should not review information or obtain documents or software from this Website.

Personal And Noncommercial Use

CLUBHAWAII offers this Website for your personal and noncommercial use only.  As a condition to your continued use of the Website, you warrant to CLUBHAWAII that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use. 

Trademarks

"CLUBHAWAII" and the "Clubhawaii Logo” are trademarks of CLUBHAWAII licensed for use by CLUBHAWAII, and are protected by state and federal trademark laws.  Other trademarks may appear on the Website with permission from their respective owners.  Your unauthorized use of trademarks appearing on the Website may constitute trademark infringement, which could subject you to substantial civil penalties. 

Copyright

Except for material in the public domain under United States copyright law, all material contained on the Website (including all written information, itineraries, photographs, surveys, survey data, graphics, software, software code of any form, etc.) is protected by United States copyright laws.  Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner.  None of the material contained on the CLUBHAWAII site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photocopying, recordation or otherwise), resold or redistributed without the prior written consent of CLUBHAWAII.  Violation of this provision may result in severe civil and criminal penalties. 

You may make single copies of copyrighted materials displayed on the Website for your own personal and noncommercial use only.  You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from CLUBHAWAII or the copyright owner of the copied material.  If you wish to reproduce materials on the Website for distribution or other purposes, you may request permission from CLUBHAWAII in writing at the address given for contacts at the end of these General Terms.

Links

The Website may contain links to Websites offered by other parties.  CLUBHAWAII does not control such other Websites and is not responsible for their content; nor does CLUBHAWAII's inclusion of links to such Websites imply any endorsement of the material on such Websites or any association with their operators.  Unless otherwise specifically stated on this Website, CLUBHAWAII does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Website.

CLUBHAWAII Software

Any software that is made available to download from this Website is the copyrighted work of CLUBHAWAII and/or its suppliers.  Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software.  You may not install or use any software without first agreeing to the terms of such End User License Agreement.  For any software not accompanied by an End User License Agreement, CLUBHAWAII hereby grants to you a single personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by CLUBHAWAII in accordance with these terms and conditions, and for no other purpose.  Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.

Termination Of Privileges

CLUBHAWAII reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these terms and conditions of use.  For your convenience and to ensure that your access to our Website remains uninterrupted, we will automatically renew your subscription(s) at the expiration of the then-current term unless you designate that you do not elect to have automatic renewal in the JOIN CLUBHAWAII Page.  CLUBHAWAII will charge your credit card on file for the cost of another term at the initial rate using the information you previously provided on our web site. You will not be notified in advance of your impending renewal, but will receive a confirmation of the completed charge via your credit card receipt. CLUBHAWAII reserves the right to increase the price of your subscription on the Service upon renewal, but we will notify you prior to any increase. If you wish to cancel your renewal(s) for any reason, you may do so within 24-hours of your subscription renewal date.  To cancel your subscription renewal, follow  the directions within your MyHawaii administrative area on the ClubHawaii site.

Intellectual Property Infringement

All contents, documents, information or other materials (“Materials”) on this Website are protected under applicable copyrights, trademarks and other proprietary and/or intellectual property rights.  The copying, redistribution, use or publication by you of any such Materials or any part of this Website, except as allowed by the Limited License set out herein, is strictly prohibited.  You do not acquire ownership rights to any Materials viewed through this Website.  The posting of Materials on this Website does not constitute a waiver of any right in such Materials by CLUBHAWAII or its licensors. 

Chat Rooms Or Message Boards

CLUBHAWAII may provide chat rooms or message boards (“Communication outlets”) on the CLUBHAWAII site.  If CLUBHAWAII provides any such Communication outlets and you use one of them, you are solely responsible for your own communications and the consequences of posting those communications.  CLUBHAWAII does not assume any responsibility for the consequences of any Communication outlets communications on or arising from use of the CLUBHAWAII site. 

No Warranties

Use the website at your own risk.  This website is provided to you "as is," without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement.  Neither CLUBHAWAII nor its employees, agents, partners, third-party information providers, vendors or others that provide information on this Website warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free.  CLUBHAWAII reserves the right to change or discontinue at any time any aspect or feature of the Website.

Exclusion Of Liability

AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU AGREE THAT NEITHER CLUBHAWAII, ITS AGENTS, EMPLOYEES, PARTNERS, OFFICERS, NOR ANYONE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE SHALL BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. 

Indemnification

You agree to defend, indemnify and hold CLUBHAWAII, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the CLUBHAWAII site, or any content, product or service offered through the CLUBHAWAII site, in a manner that violates or is alleged to violate these Terms and Conditions.

Entire Agreement

These Terms and Conditions constitute the entire agreement and understanding between you and CLUBHAWAII with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals.  CLUBHAWAII reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.  By continuing to use the Website, you are agreeing to all changes made by CLUBHAWAII.  A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Jurisdiction In Hawaii Only

The Website is controlled and operated by CLUBHAWAII from its office in Kailua, Hawaii, USA.  CLUBHAWAII makes no representation that materials on the Website are appropriate or available for use in other locations.  Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  The Website is not intended to subject CLUBHAWAII to the laws or jurisdiction of any state, country or territory other than the State of Hawaii in the United States of America and you agree that any disputes that you may have concerning any alleged claims against CLUBHAWAII shall be adjudicated in the State of Hawaii and in accordance with the law of the State of Hawaii. 

Contacting Us

If you have any questions concerning the terms and conditions stated herein or need to communicate with CLUBHAWAII for any other purpose, you may contact us at: info@clubhawaii.net.

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