Terms & Conditions

Agreement Between User & Pure Hawaii Travel, LLC (dba Pure Kauai)

General Terms

By accessing Pure Kauai’s website (“this website”), printing or downloading materials from this website, or otherwise using any aspect of this website, you agree and acknowledge individually and on behalf of any company, organization or other entity you represent, that you have read and agree to these terms of use and any other policies, notices, terms or conditions posted on this website.

This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices herein contained.

This website may contain links to other websites, pages and services operated by Pure Kauai’s website, Pure Kauai’s website or its independent affiliates (individually and collectively referred to as “other Pure Kauai websites”). Your use of other Pure Kauai websites is subject to the Terms of Use and other terms and guidelines, if any, therein contained. In the event that any of the terms, conditions, and notices herein therein contained conflict with the Terms of Use or other terms and guidelines contained within this website, then the Terms of Use and other terms and guidelines therein contained shall control.

You agree to familiarize yourself with the Terms of Use and other terms and guidelines found throughout this website and the other Pure Kauai websites, and to abide by them if you choose to use the websites, pages or services to which they apply.

Limitation of Use

This website is for your personal and non-commercial use only. You may not modify, copy, redirect, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, email addresses, software, products or services obtained or extracted from this website by you or others, without the advance consent of Pure Kauai’s website in writing.

As a condition of your use of this site, you warrant that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Links

This website may contain links to websites operated by parties other than Pure Kauai’s website. Such links are provided solely for your convenience. Pure Kauai’s websites do not control such websites and shall not be responsible the content, services or functions of such websites. Inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their owners or operators.

Use of Community Content

If this website contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication functionality (collectively, “Communities”), you agree to use the Communities only to send and receive messages and material that are proper and related to the particular function. By way of example, but without limitation, you agree that when using Communities you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell any goods or services for any commercial purpose unless you are authorized by and contracted with client's website to do so.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of Communities that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communities.

Pure Kauai’s website reserves the right to terminate your access to any or all of the Communities at any time without notice for any reason whatsoever.

Pure Kauai’s website has no obligation to monitor the Communities. However, Pure Kauai’s website reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pure Kauai’s sole discretion.

You acknowledge that all Communities are public and not private communications, and therefore others may read your communications without your knowledge. You acknowledge that Pure Kauai’s website advises you to use extreme caution when giving out any personal identifying information about yourself or other persons in any Community. Pure Kauai’s website does not control or endorse the content, messages or information found in any Community and, therefore, Pure Kauai’s website specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Community function managers and hosts are not authorized spokespersons of Pure Kauai’s website, and their views do not necessarily reflect those of Pure Kauai’s website.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you are granting Pure Kauai’s website permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication.
Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Liability Disclaimer

The information, products, and services included on this site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Pure Kauai’s website and/or its respective suppliers may make improvements and/or changes in this site at any time without notice. Pure Kauai’s website AND/OR ITS RESPECTIVE SUPPLIERS AND/OR THEIR RESPECTIVE EMPLOYEES, AGENTS, HEIRS OR ASSIGNS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

Pure Kauai’s website AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL Pure Kauai’s website AND/OR ITS SUPPLIERS AND OR THEIR RESPECTIVE EMPLOYEES, AGENTS, HEIRS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS 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 Pure Kauai’s website OR ANY OF ITS SUPPLIERS HAS 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Access Restriction

Pure Kauai’s website reserves the right, in its sole discretion, to deny you or any user access to this website or any portion thereof without notice.

Modifications

Pure Kauai’s website reserves the right to change the terms, conditions, and notices under which this website is offered.

Other Terms

The laws of the State of Texas and the United States of America govern this agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Nueces County, Texas USA in all disputes arising out of or relating to the use of this website.

Use of this website 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 Pure Kauai’s website because of this agreement or use of this website.

Pure Kauai’s website performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pure Kauai’s website right to comply with governmental, court and law enforcement requests or requirements relating to the use of this website or information provided to or gathered by Pure Kauai’s website 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 the remainder of the Agreement shall continue in effect.