Terms & Conditions of Use
This website (“Website”) is operated by or on behalf of Hawaiʻi Visitors and Convention Bureau. Please read these Terms and Conditions carefully before using this Website. Your use of this Website is expressly conditioned on your acceptance of all the terms and conditions set forth herein. If you do not agree with any part of the following terms and conditions, you should not use this Website.
The terms "HVCB", "us", "our", "we" and any variation thereof refer to the Hawaiʻi Visitors and Convention Bureau and may include independent contractors who manage or operate the Website or portions thereof on our behalf.
We may periodically change any part of these Terms and Conditions, so please check them from time to time as your continued use of this Website following our posting of changes will mean that you accept and agree to the changes
Ownership and Website Content
This Website and, unless noted otherwise, all the content (e.g., information, data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code), including without limitation the design, structure, and “look and feel” of the content is protected under copyright, trademark, and other intellectual property and unfair competition laws. All rights not expressly granted you are reserved by us.
No Unlawful or Prohibited Use
As a condition of your use of this Website, you agree that you will not use this Website for any purpose that is unlawful or that is prohibited by these Terms and Conditions. Actions that you agree not to take include, but are not limited to: (1) taking or attempting to take any action that grants you access to the Website to an extent greater than authorized by us; (2) taking or attempting to take any action that results in an unauthorized modification, addition, or deletion to the Website; (3) taking or attempting to take any action that violates the security of the Website; (4) taking or attempting to take any action that would impose an unreasonable or excessively large load on the Website's infrastructure; and (5) knowingly providing false or misleading information to us. You may not modify, copy, transmit, distribute, display, publish or reproduce this Website or any part thereof for any purpose other than your own personal and non-commercial use, unless we expressly consent in writing to your doing so.
You acknowledge that your unlawful or unauthorized use of this Website could cause us and others irreparable harm and may entitle us to injunctive relief in addition to any other remedies available at law or in equity.
We reserve the right to terminate your use of this Website for any unlawful or unauthorized uses.
We are committed to making this Website accessible to the widest possible audience. Pease see our Accessibility Statement for an explanation of how we strive to do this.
We recognize the use of linguistic markings of the (modern) Hawaiian language including the ‘okina [‘] or glottal stop and the kahakō [ō] or macron (e.g., in place names of Hawai‘i such as Lāna‘i). We acknowledge that individual businesses listed on this site may not use the ‘okina or kahakō, but we recognize the importance of using these markings to preserve the indigenous language and culture of Hawai‘i and use them in all forms of communications.
This Website is not intended for use by children under the age of 16. By using this Website, you represent that you are aged 16 years or older.
Links to Third Party Websites
Certain content, products, and services available via our Website may include materials from or links to third-party websites that are not under our control.
We are not responsible for the quality, nature or reliability of the third-party websites or for the content or services found on or through those websites. We provide these links to you as a convenience. The inclusion of any link does not imply endorsement or association by us.
You are responsible for reviewing and abiding by the terms of any third-party websites. Any complaints, claims, concerns, or questions regarding third-party content, products, and services should be directed to the third-party, and not to us.
Bookmarking and Linking to Our Website
Individuals may, for personal, non-commercial use only, bookmark or point to any page within our Website. Other users/websites MAY: (1) include a link to our Website by pointing to the Website's home page; and/or (2) link to a major subcategory page, provided the link makes clear the linked-to information is being provided by us.
Other users/websites MAY NOT without our express written consent: (1) point or link from a website directly to content within our Website other than as expressly permitted above; (2) copy, modify, or display our name, logo, text or graphic images in any way; or (3) redeliver any of the pages/text/images/content of this Website using "framing" technology.
Disclaimer of Warranty and Limitation of Liability
We make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, and accuracy of the information, products, services, related graphics, and all other content found on this Website. All such information, products, services, related graphics, and all other content found on this Website are provided "as is" without any kind of warranty. We hereby specifically disclaim all warranties and conditions with regard to such information, products, services, related graphics, and all other content found on this Website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential or any other type of damages arising out of or in any way related to the use or performance of this Website, the provision of or failure to provide services, or for any information, products, services, related graphics, and other materials obtained through this Website, or otherwise arising out of the use of our Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
Please note that because some states/jurisdictions do not allow the disclaimer of certain warranties and/or the exclusion or limitation of liability for certain types of damages, some of the preceding disclaimer, exclusion and limitation may not apply to you. In such event, please see the section below entitled "Restriction on Use Based on Location."
Governing Law and Dispute Resolution
This agreement and its performance are governed by the laws of the State of Hawaiʻi and the United States of America without regard to any conflicts of law provisions.
YOU AND WE IRREVOCABLY AGREE TO GIVE UP ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM ARISING OR IN ANY WAY RELATED TO THIS WEBSITE OR YOUR USE OF THIS WEBSITE.
You and we further agree to submit to the exclusive jurisdiction of the state and federal courts located in the City & County of Honolulu, State of Hawaiʻi, United States of America, for all disputes and issues regarding your use of this Website and your compliance with these Terms and Conditions of Use.
Restriction on Use Based on Location
Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use.
Accessing the Website in Countries Other Than the United States
We make no claims regarding the legality of viewing or downloading the content of this Website in any country other than the United States. Anyone who accesses this Website in a country other than the United States does so at her or his own risk.
You agree to indemnify, defend and hold us and our officers, directors, managers, members, employees, and agents harmless from and against any and all claims arising or in any way related to your use or misuse of this Website or its contents, and/or for claims that may arise as a result of information or content that you provide to us through this Website.
If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms and Conditions of Use will remain unaffected.
We respect the intellectual property rights of others. If you believe that material available on our Website infringes upon your copyright(s), trademarks, other proprietary right, or is otherwise actionable, please notify us at firstname.lastname@example.org. Upon receipt of a valid and complete notice, we will remove the infringing material.
Please contact us at email@example.com if you have any questions, suggestions, comments or concerns about this Website, or these Terms and Conditions of Use.