PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
Your use of this Site (the “Site”) is expressly conditioned on your acceptance of the following terms and conditions ("Terms") without modification of the terms, conditions and notices contained herein. By using this Site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this Site. More Hawaii 4 You (MH4U) reserves the right, in its sole and absolute discretion, to amend this Agreement at any time by posting the amended terms on this Site. The amended terms shall be effective from and after the date that they are posted on the Site
USE OF SITE
This Site, and each of its modules, together with the arrangement and compilation of the content found on this Site, is the property of MH4U, a division of More Travel 4 You, which is affiliated with Montrose Travel, and/or its various third party providers and distributors. Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Much of the content found on this Site is owned by third party providers and distributors and therefore copyrighted by them. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are registered and common law Trademarks of MH4U, its affiliates, and various third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of MH4U, or such other party that may own the Trademarks.
AGE AND RESPONSIBILITY
If you use this Site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. 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 and those using your login information. It is a violation of law to purchase a product in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
PRIVACY
You have read the MH4U You Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by MH4U and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the MH4U Privacy Policy.
EXCLUSION OF WARRANTY
Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the purchase of any product, (ii) that a User will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (iv) that use of this Site and all software, products or services associated with this Site will be error free, (v) regarding the results that may be obtained from the use of this Site, (vi) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or nonperformance in connection with or as a consequence of the passage of time to and beyond the year 2008. You expressly agree that the use of this Site is at your sole risk.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MORE HAWAII 4 YOU, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACTS OF TERRORISM, WAR, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF MH4U YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MH4U ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.
Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with these Terms and Conditions nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables. If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the fee or charge to the User assessed by MH4U or its affiliate MontroseTravel.com for making a Purchase. Some states, to the extent their law might be deemed to apply notwithstanding the selection of California law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
THIRD PARTIES
If you use this Site to purchase products or services for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described above.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments"), shall be and remain the exclusive property of MH4U and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
LINKS TO OTHER SITES AND SERVICES
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. These links are provided solely as a convenience to you and not as an endorsement by MH4U, its third party providers or distributors of the contents of such other sites.
TERMINATION OF USAGE
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason. Such termination shall not affect any right to relief to which MH4U and its third party providers and distributors may be entitled, at law or in equity.
MISCELLANEOUS
The captions in these Terms and Conditions are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
These Terms and Conditions, and the related Parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations. The internal laws of the State of California shall govern the performance of the terms and conditions of this agreement.
You agree that no joint venture, partnership, employment or agency relationship exists between you and MH4U as a result of this agreement or use of this Site. We may modify these Terms, at any time, by posting conspicuous notice on our site at least thirty (30) days before any modification becomes effective. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at that time. Additional terms may apply to reservations, purchases of good and services and other uses of portions of this site, and you agree to abide by such terms and conditions. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
SELLER OF TRAVEL
Montrose Travel, with whom MH4U is affiliated, is a registered seller of travel in California, Iowa, Nevada, and Washington under each state's seller of travel regulations. Montrose Travel is exempt from registration under the Florida Sellers of Travel Act.
California Registration Number: 1018299-10
Iowa Registration Number: 763
Nevada Registration Number: 2003-0393
Washington Registration Number: 602 341 432
Registration as a seller of travel in California does not constitute the state's approval. |