Web Site User Agreement

Operation of Web Site

This World Wide Web Site and the functions, facilities and services related thereto are operated and maintained by Hawaii Holiday Hospitality LLC, a Hawaii limited liability company doing business as Kauai-Hotels.com at the URL: http://www.kauai-hotels.com/ (the “Web Site”).

Use of this Web Site is Restricted

The Web Site is for use solely by persons over the age of eighteen (18) who can form legally binding contracts. By using the Web Site you acknowledge that you have read this User Agreement and that you agree to use the Web Site in strict accordance with, and to be bound by, all of the terms and conditions contained herein.

Your participation in any activity contained within the Web Site is voluntary and at your sole risk. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT YOU MUST NOT ACCESS OR OTHERWISE USE THIS WEB SITE.

By using the Web Site you also agree that you are legally authorized to make the travel reservations or purchases made for either yourself or for another person for whom you are authorized to act. Your use of this Web Site also means that you agree to all terms and conditions of purchase imposed by the supplier of travel services, and to the payment of all amounts when due, including additional taxes and fees that may not be included in the quoted rates, and to comply with all rules regarding the availability of rates, products or services including penalty fees arising from any failure to comply with said rules.

You may only use this Web Site to make legitimate reservations or purchases and shall not use this Web Site for any other purposes, including without limitation, to make speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

Use Rights

Kauai-Hotels.com grants you a non-exclusive, non-transferable license to use all non fee-based portions of the Web Site in strict accordance with the provisions of the terms and conditions of this User Agreement. This User Agreement does not grant you the right to use any Kauai-Hotels.com trademark, service mark or logo for any purpose whatsoever.

Personal Information

We recognize that individuals are concerned about the use of the Internet and we are committed to protecting the privacy of our visitors, through our Privacy Policy. You acknowledge and agree that Kauai-Hotels.com may use other information about you which Kauai-Hotels.com obtains either directly from you or which it obtains by the nature of your use of the Web Site only for the purpose outlined in our Privacy Policy. By using the Web Site, you acknowledge that you have reviewed our Privacy Policy.

Proprietary Materials

The Web Site contains copyrighted material, trademarks and other proprietary information of Kauai-Hotels.com and others (collectively “Proprietary Material”), including, but not limited to, text, software, photos, video, graphics, images, music and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.

The entire Web Site is: Copyright 2010, Kauai-Hotels.com. All Rights Reserved. Complying with all applicable copyright laws is the responsibility of the user. Any commercial use of the Web Site requires prior written consent from Kauai-Hotels.com. Except as otherwise expressly permitted by this User Agreement, or as may otherwise be permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or other reproducing, storing, transmitting, modifying or commercially exploiting any Proprietary Material in any form or by any means for any purpose, is permitted without the prior written permission of Kauai-Hotels.com. In the event of copying, redistribution or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.

“Kauai-Hotels.com” and other Kauai-Hotels.com marks and logos are service marks and trademarks of Kauai-Hotels.com. Other trademarks, service marks and logos used in the Web Site are the trademarks, service marks or logos of their respective owners.

Third party content and software required by or made available by or through this site is the property of its respective owner and its use is subject to the license or terms provided by such owner. Hypertext links are provided only for your convenience and do not and should not be viewed as suggesting any association with or endorsement of or by such linked sites.

Indemnification

You agree to indemnify, defend, and hold harmless Kauai-Hotels.com and its directors, employees, sponsors, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “Indemnified”), from and against any and all liability costs (including attorney’s fees and costs) incurred by the Indemnified in connection with any claim arising out of any breach by you of any provision of this User Agreement.

You agree to cooperate as fully as reasonably required in defense of any such claims. Kauai-Hotels.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of Kauai-Hotels.com.

Disclaimer of Warranty

Product specifications and other information have either been furnished by third parties or collected from publicly available sources. While Kauai-Hotels.com makes every effort to ensure that the information on the Web Site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on the Web Site.

The Web Site may include publications with technical inaccuracies or typographical errors that will be corrected as they are discovered, at the sole discretion of Kauai-Hotels.com. Also, changes are periodically added to the information contained herein. These corrections and changes may be incorporated into the Web Site at a later date.

ACCORDINGLY, THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING RELIABILITY, ABSENCE OF ANY VIRUSES OR CONTENT OR ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE, AND WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION, OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE RESTS WITH THE USER.

Kauai-Hotels.com does not warrant that the functions of the Web Site will meet your requirements or that the operation of the Web Site will be uninterrupted or error free.

Kauai-Hotels.com shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Web Site.

Kauai-Hotels.com has no control over the content or practices of World Wide Web sites that may be linked to the Web Site through hypertext links (“Linked Sites”), and is not responsible for their content, software, privacy or business practices. The Linked Sites are provided for your convenience only and you access them at your own risk. By accessing the Web Site you acknowledge that Kauai-Hotels.com is not responsible for the availability of these Linked Sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such web sites. Kauai-Hotels.com is not responsible for breach of contract or any intentional or negligent action on the part of such Linked Sites which results in any loss, damage, delay or injury to you or your travel companions. Kauai-Hotels.com does not guarantee any such third party’s rates, bookings, reservations, connections, scheduling or protection of personal belongings, unless the word “guaranteed” is specifically stated on your tickets, travel itinerary or invoice. Furthermore, Kauai-Hotels.com assumes no responsibility for overbooking, cancellation or delays.

Some of the Content that refers to hotel accommodations and other services is the property of, and is supplied by USA Hotel Guide operated by World Choice Travel, Inc., and other independent suppliers not under our control. Kauai-Hotels.com does not verify, and does not guarantee, the accuracy of the information that we receive from third party suppliers, including suppliers of accommodations and transportation, whether or not the web sites providing that information display Kauai-Hotels.com branding information. All information, prices and availability are subject to change without notice.

Mention of third-party products or services, including the use of trademarks or links to other web sites, is for information purposes only and constitutes neither an endorsement nor a recommendation of any third party. In addition, such use of trademarks or links to other web sites is not intended to imply, directly or indirectly, that operators of those web sites endorse or have any affiliation with Kauai-Hotels.com.

LIMITATIONS OF LIABILITY AND REMEDIES

YOUR USE OF ANY INFORMATION ON THIS SITE IS ENTIRELY VOLUNTARY. KAUAI-HOTELS.COM IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE WEB SITE, KAUAI-HOTELS.COM. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

In no event shall Kauai-Hotels.com be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Web Site, even if Kauai-Hotels.com has been advised of the possibility of such damages.

Modifications

Kauai-Hotels.com has the right to modify the terms and conditions of this User Agreement in any manner and at any time, without notice or liability. Any modification is effective immediately upon posting on the Web Site. Your continued use of the Web Site following any modification of this User Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this User Agreement, or any policies or practices of Kauai-Hotels.com in providing the Web Site, is to cease use of the Web Site.

Kauai-Hotels.com may at any time, without notice or liability, change or eliminate any content or feature of the Web Site, or restrict the use of any portion of the Web Site, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any services related change or elimination is to cease use of the Web Site.

Termination of Use

Kauai-Hotels.com may terminate the right of any user to access the Web Site at any time, with or without cause, in Kauai-Hotels.com’s absolute discretion and without notice. The recital in this Agreement of specific grounds for termination of a user’s right to access the Web Site shall in no manner whatsoever limit Kauai-Hotels.com’s absolute right to terminate any user’s access to the Web Site under this paragraph.

General

The terms and conditions contained in this User Agreement, and all other aspects of your use of the Web Site shall be governed in all respects by the laws of the State of Hawaii as such laws are applied to agreements entered into and to be performed entirely within Hawaii between Hawaii residents. No action of any kind or nature arising out of this User Agreement, or out of any use of the Web Site shall be brought by either Kauai-Hotels.com or you more than one year after the date on which the cause of action first arises. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Honolulu, Hawaii, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof, supersedes all prior agreements or understandings between you and Kauai-Hotels.com with respect thereto, and shall not be modified except in a writing, signed by Kauai-Hotels.com.