Terms of Service for MauiVisitorsGuide.com
Welcome to MauiVisitorsGuide.com a product of Web Real Estate, LLC. By accessing or using our website, you agree to be bound by the terms and conditions set forth below. If you do not agree to all of these terms, please do not use this website.
1. Acceptance of Terms MauiVisitorsGuide.com provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. Your continued use of the website after such modifications will constitute your acknowledgment of the modified TOS and your agreement to abide by and be bound by the modified TOS.
2. Description of Service MauiVisitorsGuide.com provides users with access to a rich collection of resources, including various communications tools, search services, and personalized content through its network of properties which may be accessed through any various medium or device now known or hereafter developed.
3. Privacy Policy Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
4. Member Account, Password, and Security If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MauiVisitorsGuide.com immediately of any unauthorized use of your account or any other breach of security.
5. Conduct You agree to not use the Service to: a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; b. Harm minors in any way; c. Impersonate any person or entity, including, but not limited to, a MauiVisitorsGuide.com official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
6. International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. Indemnity You agree to indemnify and hold MauiVisitorsGuide.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. Modifications to Service MauiVisitorsGuide.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MauiVisitorsGuide.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Termination You agree that MauiVisitorsGuide.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if MauiVisitorsGuide.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS.
10. Links The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MauiVisitorsGuide.com has no control over such sites and resources, you acknowledge and agree that MauiVisitorsGuide.com is not responsible for the availability of such external sites or resources.
11. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MauiVisitorsGuide.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. MauiVisitorsGuide.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
12. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT MauiVisitorsGuide.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MauiVisitorsGuide.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. General Information The TOS constitutes the entire agreement between you and MauiVisitorsGuide.com and governs your use of the Service, superseding any prior agreements between you and MauiVisitorsGuide.com. The TOS and the relationship between you and MauiVisitorsGuide.com shall be governed by the laws of the State without regard to its conflict of law provisions. You and MauiVisitorsGuide.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of the State’s jurisdiction.
14. Violations Please report any violations of the TOS to our Customer Care team.
We hope you enjoy your experience with MauiVisitorsGuide.com and we look forward to helping you explore the beautiful island of Maui. Thank you for choosing us as your guide.
Please contact:
Web Real Estate, LLC
MauiVisitorsGuide.com
(480) 900-5000
aloha@mauivisitorsguide.com