Terms and Conditions

TERMS AND CONDITIONS FOR USE OF THIS WEBSITE


Aloha, welcome to BestHawaiiHotelRates.com ("Website").  Please read these terms and conditions carefully before using this Website.  By in any way using, viewing, transmitting, caching, storing or downloading this Website or any portion thereof, you are be deemed to have unequivocally agreed to all of the terms and conditions provided herein without reservation or modification ("Agreement").  If you do not so agree, please immediately cease use of this Website. 

For purposes of this Agreement, the terms "we," "us," "our" and "Best Hawaii Hotel Rates" shall mean and refer to Aloha 7, Inc., a Nevada corporation, its parent company, subsidiaries and affiliates.  The terms "you" and "your" shall mean and refer to the customer visiting this Website. 


1.  USE OF THIS WEBSITE

This Website is being made available to you solely for the purpose of making legitimate reservations and purchases, and for no other purpose.  You agree to use this Website only for lawful purposes consistent with the foregoing.  You agree not to take or to cause to be taken any action that may or will in any way compromise the security of this Website, render this Website inaccessible to others or to otherwise cause any damage to this Website or its content.  You agree not to add to, subtract from, or otherwise modify this Website or its content in any way, or to attempt to access any content in this Website that is not intended for you.  You agree not to use this Website in any manner that may interfere with the rights of Best Hawaii Hotel Rates and its third party providers, distributors, suppliers, vendors and contractors. 

You agree that any and all information supplied by you on this Website is true, correct and complete.  You agree that you are solely responsible for maintaining the confidentiality of your account information, and to accept sole responsibility for all activities that occur under your account.  You represent and warrant that you are of sufficient legal age to use this Website and to create legal obligations for any liability you may incur as a result of your use of this Website. 

No right, title or interest in any content from this Website is transferred to you, whether as a result of downloading such content or otherwise.  Except as may be expressly permitted under this Agreement, you may not in any way use, alter, modify, copy, reproduce, publish, display, distribute, transmit, or derive another work from any content obtained from this Website.  

We reserve the right at our sole discretion to deny access to this Website to anyone at any time and for any reason without notice, including, without limitation, for any violation of this Agreement. 


2.  OWNERSHIP

This Website and all of its content, including, without limitation, the arrangement and compilation of such content, is the copyrighted property of Best Hawaii Hotel Rates, various third party providers, distributors, suppliers, vendors and contractors, and/or their respective affiliates.  Nothing contained in this Website shall be construed in any way to grant you any license or other right or permission to use any such copyrighted property or other trademarks, service marks and logos found on this Website. 

You agree to be solely responsible for any damages resulting from any infringement of any copyright, trademark, service mark, logo or other proprietary right, or any other harm or damage resulting from your use of this Website. 


3.  DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEST HAWAII HOTEL RATES AND ALL THIRD PARTY PROVIDERS, DISTRIBUTORS, SUPPLIERS, VENDORS AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  NEITHER BEST HAWAII HOTEL RATES NOR ANY THIRD PARTY PROVIDERS, DISTRIBUTORS, SUPPLIERS, VENDORS AND/OR CONTRACTORS WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BEST HAWAII HOTEL RATES AND ALL THIRD PARTY PROVIDERS, DISTRIBUTORS, SUPPLIERS, VENDORS AND CONTRACTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO FROM THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.  


4. LIMITATION OF LIABILITY

THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BEST HAWAII HOTEL RATES.  BEST HAWAII HOTEL RATES AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, PAST AND PRESENT, ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH INDEPENDENT CONTRACTORS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER LOSSES, DAMAGES OR EXPENSES RESULTING THEREFROM.  BEST HAWAII HOTEL RATES HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS EXCLUSIVE DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL BEST HAWAII HOTEL RATES AND THIRD PARTY PROVIDERS, DISTRIBUTORS, SUPPLIERS, VENDORS AND CONTRACTORS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, PAST AND PRESENT, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BEST HAWAII HOTEL RATES AND/OR THIRD PARTY PROVIDERS, DISTRIBUTORS, SUPPLIERS, VENDORS AND/OR CONTRACTORS, AND/OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND/OR REPRESENTATIVES, PAST AND PRESENT, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BEST HAWAII HOTEL RATES EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.  THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN SUBMITTED, ACCEPTED AND/OR CONFIRMED AND/OR YOUR CREDIT CARD CHARGED.  IN THE EVENT OF A CORRECTION TO A PENDING RESERVATION, AS YOUR SOLE AND EXCLUSIVE REMEDY, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

If, notwithstanding the foregoing limitation of liability, Best Hawaii Hotel Rates and/or any of their respective officers, directors, managers, members, shareholders, employees, agents and/or representatives, past and present, shall be found liable for any loss or damage which arises out of or in any way connected with any of the above-described uses or functions of this Website, then such liability shall in no event exceed, in the aggregate, the greater of (a) the service or transaction fees assessed for accessing this Website, or (b) One Hundred and No/100 Dollars (US$100.00).

5.  INDEMNIFICATION

You agree to defend, indemnify and hold harmless Best Hawaii Hotel Rates and any third party providers, distributors, suppliers, vendors and contractors, and any of their respective officers, directors, managers, members, shareholders, employees, agents and representatives, past and present, from and against any and all claims, causes of action, demands, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable attorneys' fees and costs, brought by any third party as a result of your breach of: (a) this Agreement; (b) your violation of any law or the rights of any third party; or (c) your use of this Website.


6.  ENTIRE AGREEMENT

This Agreement, together with any terms and conditions incorporated herein or referred to herein, constitute the entire agreement between you and us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.


7.  MODIFICATION

We reserve the right to amend or modify this Agreement in part or in its entirety at any time at our sole discretion without giving you any prior notice.  Your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.  Accordingly, you agree to review the terms and conditions of this Agreement periodically, and your continued access and use on this Website shall be deemed your acceptance of the changed terms and conditions.  


8.  SEVERABILITY

The terms and conditions of this Agreement shall be deemed severable.  In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.


9.  HEADINGS

The headings of the various sections and paragraphs of this Agreement are for convenience of reference only and shall in no way modify or limit any of the terms and conditions of this Agreement.


10.  ATTORNEYS' FEES AND COSTS

If we take any action to enforce this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and cost, in addition to any other relief, at law or in equity, to which we may be entitled.


11.  GOVERNING LAW; JURISDICTION; VENUE

You agree that any action at law or in equity arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, U.S.A., without regard to conflicts of law principles, and that the courts in Honolulu, Hawaii, U.S.A., shall have exclusive jurisdiction and venue.  You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.  The use of this Website is prohibited and unauthorized in any jurisdiction that does not give full force and effect to all of the provisions of this Agreement, including, but not limited to, this paragraph.

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