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last updated March 10th, 2009
IMPORTANT: READ CAREFULLY
By accessing or using this web site, you accept these Terms of Use. This is a legal agreement (the "Agreement") between you, the user, and Stay-Maui.com
1. RIGHTS, RESPONSIBILITIES. Stay-Maui.com grants you a non-transferable, non-exclusive license to access this web site and to view and download information contained at this web site (collectively, the "Site"), solely for your own personal, non-commercial use, subject to your ongoing compliance with all terms of this Agreement. You agree to be responsible for all access of this Site by your equipment or account, whether by you or others. You are also solely responsible for providing and maintaining all equipment, software and services needed to access and use the Site. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or use it in any manner not expressly authorized by this Agreement. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of the Site. You agree not to use the Site to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and Stay-Maui.com retains all, ownership rights in the Site.
2. EXCLUSION OF WARRANTY, LIABILITY. The Site is provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Site. Due to its large size and complexity, the Site may contain inaccuracies, omissions, errors or other defects. Stay-Maui.com and its suppliers do not warrant that the Site will meet your needs or expectations, that the Site will be error free or uninterrupted, that errors can or will be corrected, that the Site is reliable or timely, or that any information on the Site will provide any particular results or usefulness. Stay-Maui.com and its suppliers reserve the right to make changes and improvements to, or discontinue the Site or any part thereof. Further, Stay-Maui.com does not represent that the Site is appropriate or authorized for use in all countries, states, counties or other jurisdictions; accordingly, you are responsible for compliance with all applicable laws in accessing the Site. Stay-Maui.com reserves the right to list any property which, in Stay-Maui.com's sole judgment, meets the general requirements of the "bed & breakfast" customer including some properties that do not serve breakfast, complimentary or otherwise.
Stay-Maui.com and its suppliers make and you receive no warranty, whether express or implied, and all warranties, express and implied, are expressly excluded and disclaimed, including without limitation warranties of merchantability, title, non-infringement, and fitness for any particular purpose.
In no event shall Stay-Maui.com or its suppliers be liable for any damages, claim or loss incurred by you (including without limitation compensatory, incidental, direct, indirect, special, consequential or exemplary damages, lost profits, lost sales or business, expenditures, investments, or commitments, loss of any goodwill, or damages resulting from lost, damaged or misappropriated data, inability to use data, delays, interruptions, or computer viruses), irrespective of whether Stay-Maui.com or its suppliers have been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims. If the warranty exclusion or limitation of liability set forth in this agreement shall for any reason whatsoever be held unenforceable or inapplicable, user agrees that Stay-Maui.com and its suppliers' liability shall not exceed $1 U.S. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal law, or by any state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
3. SUBMITTED INFORMATION. You agree not to submit to the Site any information that infringes upon or violates the privacy, rights, trademarks, copyrights or other intellectual property rights of others, anything that is illegal, defamatory, obscene, harassing, offensive, objectionable or sexually explicit, that encourages a violation of the law, that contains a virus, that is off-topic, or, without Stay-Maui.com's permission, that contains any solicitation or advertising. You agree to indemnify and hold harmless Stay-Maui.com's from any damages and costs, including without limitation court costs and attorneys' fees, arising from your use of the Site. By submitting information to the Site, you grant Stay-Maui.com's the royalty-free, perpetual, irrevocable, non-exclusive right to use, edit, copy, modify, adapt, combine, incorporate, publish, publicly perform, translate and distribute all or part thereof in any form and for any purpose whatsoever, and you also permit other users of the Site to use that information subject to the rules of the Site. Stay-Maui.com shall have the right, but not be obligated to, monitor the Site to determine users' compliance with this Agreement and applicable laws. Stay-Maui.com shall have the right in its sole discretion to not publish or remove any submitted information.
4. THIRD PARTY INFORMATION. The Site may contain information submitted by third parties, including without limitation users and suppliers, and may also contain links to third party sites. Those third parties are solely responsible for the content, accuracy and originality of the information they submit. Stay-Maui.com has no more control over such third party content than does a public library, newsstand, or bookstore, and Stay-Maui.com is not responsible for such third party content. Stay-Maui.com does not evaluate or endorse any third party information. It is your responsibility to evaluate all information provided on the Site, or to obtain specific professional advice.
5. COPYRIGHT, TRADEMARKS. This Site compilation and all portions authored by Stay-Maui.com are Copyright © 2006 The Stay Company. All rights reserved. Portions of the Site authored by third parties who have licensed their material to Stay-Maui.com are owned by those respective third parties. You agree not to alter or remove any copyright notice or proprietary legend at Site.
6. MISCELLANEOUS. This is the exclusive and entire Agreement between Stay-Maui.com and you regarding its subject matter. You may not assign any part of this Agreement without Stay-Maui.com's prior written consent. This Agreement shall be governed by the internal laws of California without reference to choice of law principles. Stay-Maui.com may terminate or restrict your use of the Site at any time without notice if Stay-Maui.com believes you have not fully complied with this Agreement. Further, either party may terminate this Agreement at any time without cause; upon termination for any reason, your obligations under this Agreement shall continue, except that you agree to no longer access or use the Site. You consent to exclusive jurisdiction and venue in the courts of Sonoma County, California for all matters arising out of or related to this Agreement or the Site. You understand that Stay-Maui.com may comply with law enforcement requests or subpoenas regarding your use of the Site. Stay-Maui.com reserves the right to modify the terms of this Agreement at any time by posting the new terms on the Site, which modifications shall take place immediately. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any prior or subsequent breach or default. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect and the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that effectuates the intent of the original provision. Stay-Maui.com's suppliers, licensors, affiliates, subsidiaries, employees and agents shall be third party beneficiaries of Stay-Maui.com's rights under this Agreement. All rights not granted expressly by this Agreement are reserved.
7. SPECIAL PROVISIONS FROM LICENSORS. All information provided by third party licensors falls under Section 2 guidelines above and by using those services you agree to the clauses as found in Section 2. Where warranties differ, a separate disclaimer/license will appear on the third party licensor supplied pages. Use of those pages constitutes acceptance of both the Section 2 license above and the third party licensor's disclaimer/license.
8. RESERVATIONS SERVICE. You represent and warrant that you are of legal age to enter into this Agreement and use the Site pursuant to this Agreement, and that the information you submit will be true and accurate. You agree to pay for all goods and services that you, or others using your account, order through the Site, and to pay any taxes levied on your use of the Site or your transactions on the Site, except for those based on Stay-Maui.com's annual net income. Additional terms and conditions may apply to your purchase via the Site of goods and services from third parties, and you agree to fully comply with those third parties' terms and conditions.
9. PROVISIONS OF THESE TERMS AND CONDITIONS
Prior Terms and Conditions
These Terms supersede any prior Stay Company Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.
Modifications We may modify, revise or update these Terms and/or the Privacy Policy, at any time, by updating this posting. You should visit this page from time to time to review the then-current Terms, because they are binding on you. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
Written documents You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
Electronic Notification To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
Contact Information If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by the Stay Company, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
E-mail: info@stay-maui.com
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