HAWAII ISLANDER TERMS OF USE AGREEMENT This Hawaii Islander Terms of Use Agreement along with the Hawaii Islander Privacy Policy, which is incorporated herein by references (collectively, the “Agreement”) constitutes a legally binding agreement made between TowleHaus LLC, dba Hawaii Islander (“Hawaii Islander”) and you (“you”) concerning your access to and use of the Hawaii Islander website (“Website”) located at www.HawaiiIslander.com. You may use the website to: (a) review Hawaii Islander’s recommendations about hotels and activities; (b) view Hawaii Islander’s list of vacation packages; and (c) make contributions to blogs, forums and other interactive programs that Hawaii Islander may make available from time to time (the “Hawaii Islander Services”). The Hawaii Islander Services are free of charge but, Hawaii Islander reserves a right to charge fees for the Hawaii Islander Services upon notice to you. The Hawaii Islander Services are hosted in the United States. By giving us your email address upon registration, you agree to receive the Hawaii Islander newsletter.

  1. Eligibility. By using the Hawaii Islander Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Hawaii Islander Services does not violate any applicable law or regulation.
  2. User Representations and Warranties. You are entirely responsible for the content of, and any harm resulting from your postings on the Website (collectively, “Contribution”). When you create or make available a Contribution, you thereby represent and warrant that:

(a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;

(b) you have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to viewers any required terms;

(c) your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

(d) your Contribution is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, is not implicitly or explicitly offensive or contain content that promotes racism, bigotry, hatred or physical harm of any kind against another group or individual, does not contain content that harasses, discriminates, incites harassment or advocates harassment of any group or individual, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

(e) your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;

(f) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;

(g) your Contribution does not violate any state or federal law designed to regulate electronic advertising;

(h) your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;

(i) your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Hawaii Islander’s or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

(j) your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;

(k) your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and

(l) your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Hawaii Islander in its sole discretion.

  1. Prohibited Activities. You may not access or use the Website for any other purpose other than that for which Hawaii Islander makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions, as determined by Hawaii Islander in Hawaii Islander’s sole discretion. Prohibited activity includes, but is not limited to:

(a) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

(b) advertising to, or solicitation of, any user to buy or sell any products or services;

(c) transmitting chain letters or junk email to other users. As a reasonable estimation of such harm, you agree to pay Hawaii Islander $50 for each such unsolicited email or other unauthorized commercial communication you send through the Hawaii Islander Services;

(d) using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

(e) engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;

(f) interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

(g) attempting to impersonate another user or person;

(h) using the username of another user;

(i) selling or otherwise transferring your profile;

(j) using any information obtained from the Website in order to harass, abuse, or harm another person; and

(k) using the Website in a manner inconsistent with any and all applicable laws and regulations.

  1. Passwords. When you create an account with the Website, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
  2. Intellectual Property Rights. The content on the Website, except for all Contributions, including without limitation, the text, software, scripts, graphics, photos, sounds, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Hawaii Islander, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Hawaii Islander reserves all rights not expressly granted in and to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by Hawaii Islander, including any use, copying, or distribution of third parties’ materials obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
  3. Hawaii Islander’s Right to Manage the Website and Terminate Users.

7.1 Hawaii Islander Website Management. Hawaii Islander reserves the right but does not have the obligation to: (a) monitor the Website for violations of this Agreement; (b) take appropriate legal action against anyone who, in Hawaii Islander’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (c) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Hawaii Islander policy, in Hawaii Islander’s sole discretion; (d) remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Hawaii Islander’s systems in Hawaii Islander’s sole discretion and without notice; (e) terminate the accounts of repeat infringers; and (f) otherwise manage the Website in a manner designed to protect the rights and property of Hawaii Islander and others and to facilitate the proper functioning of the Website.

7.2 Hawaii Islander’s Right to Terminate Users. Without limiting any other provision of this agreement, Hawaii Islander reserves the right to in Hawaii Islander’s sole discretion and without notice or liability deny access to and use of the website to, any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation.

  1. No Guarantee. Hawaii Islander cannot guarantee and does not promise any specific results from use of Website or any of the Contributions or Materials posted thereon. No advice or information, whether oral or written, obtained by you from Hawaii Islander or the Website shall create any warranty not expressly stated herein.
  2. Term. This Agreement shall remain in full force and effect while you use the Hawaii Islander Services or are a user. You may terminate your use or participation at any time, for any reason. Hawaii Islander may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect, including sections 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17.
  3. Copyright Policy. Hawaii Islander will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Hawaii Islander Digital Millennium Copyright Act (“DMCA”) Notice.
  4. Modifications. Hawaii Islander may modify this Agreement from time to time. Hawaii Islander will alert all users who have submitted email addresses of such modifications by means of an email to their most recently provided email address. You agree to be bound to any changes to this Agreement when you use the Hawaii Islander Services after any such modification is posted. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of any changes.
  5. Disputes Between Users. You are solely responsible for your conduct. Hawaii Islander reserves the right, but has no obligation, to monitor disputes between you and other users.
  6. Disputes Between You and Hawaii Islander. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and Hawaii Islander agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Hawaii Islander Services. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this agreement. further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. each of the parties acknowledges that this section is a material inducement for the other party entering into this agreement.
  7. Disclaimers. Hawaii Islander cannot control the nature of the content available on the website. by operating the website and providing the Hawaii Islander services, contributions and materials, Hawaii Islander does not represent or imply that Hawaii Islander endorses any contributions or other content available on or linked to by the website, including without limitation content hosted on third party websites, or that Hawaii Islander believes contributions or other content to be accurate, useful or non-harmful. you agree that your use of the website will be at your sole risk. to the fullest extent permitted by law, Hawaii Islander, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Hawaii Islander services, the website, the contributions, the materials and your use thereof. Hawaii Islander makes no warranties or representations about the accuracy or completeness of the website’s content and materials or the content of any websites linked to this website and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (c) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the website, (e) bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, (f) loss from nondelivery of travel services purchased from travel companies listed on the website including but not limited to airfare, hotels, tours, transfers and travel vouchers; and/or (g) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content and materials posted, transmitted, or otherwise made available via the website. Hawaii Islander does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Hawaii Islander will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. user is aware that companies and their agents providing such services are not in any way related to Hawaii Islander and Hawaii Islander has no responsibility to ensure delivery of such services. Hawaii Islander disclaims any warranty or representation that confidentiality of information transmitted through the website will be maintained.
  8. Limitation on Liability. in no event shall Hawaii Islander be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Hawaii Islander services, the content, the materials or the website even if Hawaii Islander has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, Hawaii Islander’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Hawaii Islander for the Hawaii Islander services during the term of your use of the website.
  9. Indemnity. You agree to indemnify and hold Hawaii Islander, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Contributions, use of the Hawaii Islander Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Contribution that you post on the Hawaii Islander Website or through the Hawaii Islander Services causes Hawaii Islander to be liable to another.
  10. Other.

17.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Hawaii Islander regarding the use of the Website, Materials, Contributions and Hawaii Islander Services.

17.2 Waiver. The failure of Hawaii Islander to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

17.3 Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

17.4 Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Terms of Use is effective as of, and was last updated on August 22, 2015