AGREEMENT BETWEEN CUSTOMER AND HAWAII’S BEST ACTIVITIES LLC. This website site 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 Hawaii’s Best Activities LLC. 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.
The information, software, products, and services published on this website may include inaccuracies or typographical errors. In particular Hawaii’s Best Activities LLC. 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 descriptions, weather, or other tour products displayed on this website site. Changes are periodically added to the information herein. Hawaii’s Best Activities LLC. Its affiliates, and /or their respective suppliers may make improvements and/or changes on this website site at any time. Hawaii’s Best Activities LLC., 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 Hawaii’s Best Activities LLC. or its affiliates. All such information, software, products, and services as provided “As is” without warranty of any kind Hawaii’s Best Activities LLC. 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 Hawaii’s Best Activities LLC.
Are independent contractors and not agents or employees of Hawaii’s Best Activities LLC. or its affiliates. Hawaii’s Best Activities LLC. 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.
Hawaii’s Best Activities LLC. 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 Hawaii’s Best Activities LLC. 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 Hawaii’s Best Activities LLC., its affiliates, and/or their respective suppliers haven 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.
You agree to defend and indemnify Hawaii’s Best Activities LLC. 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
LINKS TO THIRD PARTY SITES
This website may contain hyperlinks to websites operated by parties other than Hawaii’s Best Activities LLC. Such hyperlinks are provided for your reference only. Hawaii’s Best Activities LLC
Does not control such website and is not responsible for their contents or your use of them. Hawaii Best Activities LLC. inclusion of hyperlinks to such website does not imply any endorsement of the material on such website or any association with their operators.
TERMS, CONDITIONS AND WARRANTIES
Although most tour is completed without incident, tour to certain destinations may involve greater risk than others. Hawaii’s Best Activities LLC. urges passengers to review tour prohibitions, warnings, announcements and advisories included in this website, issued by the United States Government, National Park Rangers, City and County employees. Information on conditions on various tours and the level of risk associated with touring can be found at, www.dot.gov www.fas.gov, htt://wwwnps.gov/archive/usar/pphtml/planyourvisit.html, www.customs.gov.
MODIFICATION OF THESE TERMS AND CONDITIONS
Hawaii’s Best Activities LLC. 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 Hawaii’s Best Activities LLC. website and facilities.
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 Hawaii’s Best Activities LLC. as a result of this agreement or use of this website.
Hawaii’s Best Activities LLC. performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hawaii Best Activities LLC,
Right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Hawaii’s Best Activities LLC. 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 Hawaii’s Best Activities LLC. with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Hawaii’s Best Activities LLC. 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.