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Web Site Terms, Conditions, and Notices
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AGREEMENT BETWEEN CUSTOMER AND RISE! ENTERPRISE L.L.C. d.b.a. Ohana Fun! Activities and Tours
Welcome to the ohanafun.net website (the "Website"). This Website is provided solely to assist customers in gathering activity and travel-related services (the "Products") information, making legitimate reservations or otherwise transacting business with activity suppliers, and for no other purposes. The terms "we", "us", and "our" refer to Rise! Enterprise LLC., a Hawaii corporation doing business as Ohana Fun! Hawaii. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, and (v) all information supplied by you on this Website is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to the price of the Products), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for Products booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
i. use this Website or its contents for any commercial purpose;
ii. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
iii. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
iv. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
v. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
vi. deep-link to any portion of this Website (including, without limitation, the purchase path for any Products) for any purpose without our express written permission; or
vii. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and purchase of the Products that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of rates, products, or services. You acknowledge that some third-party providers offering certain Products may require you to sign their liability waiver prior to participating in the Products they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable Product, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Ohana Fun! Hawaii believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website, to understand our practices: Privacy Policy
You acknowledge that we pre-negotiate certain rates with Product suppliers to facilitate the booking of reservations on your behalf. The rate displayed on the Website is a combination of the pre-negotiated rate for the Products reserved on your behalf by us and the service fee retained by Ohana Fun! Hawaii to compensate us for our services. You authorize Ohana Fun! Hawaii to book reservations for the total reservation price, which includes the rate displayed on the Website, plus tax recovery charges, and service fees. You agree that your credit card will be charged by Ohana Fun! Hawaii for the total reservation price. Upon submitting your reservation request you authorize Ohana Fun! Hawaii to facilitate reservations on your behalf, including making payment arrangements with Product suppliers.
You acknowledge that Ohana Fun! Hawaii does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid Product transactions are a recovery of the estimated transaction taxes (e.g. sales and use, excise tax, value added tax, etc) that Ohana Fun! Hawaii pays to the Product supplier in connection with your Product reservations. The Product suppliers invoice Ohana Fun! Hawaii for tax amounts. The Product suppliers remit applicable taxes to the applicable taxing jurisdictions. Ohana Fun! Hawaii does not act as co-vendors with the supplier with whom we book or reserve our customer's Products. The actual tax amounts paid by Ohana Fun! Hawaii to the Product suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Product by our customers. We retain our service fees as compensation in servicing your Product reservation.
You may cancel or change your prepaid Product reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the Product reservation. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the Product you reserved, which varies by Product (usually 24 to 72 hours), you will be subject to a charge of applicable rates, tax recovery charges and service fees.
You agree to pay any cancellation or change fees that you incur. In limited cases, some Product suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the Product reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid Product reservationsTHE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, OHANA FUN!, HAWAII AND ITS CORPORATE AFFILIATE RISE! ENTERPRISE L.L.C. DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, OHANA FUN! HAWAII EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, 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.
OHANA FUN AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, AND PRODUCTS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS. ALL SUCH INFORMATION, SOFTWARE, AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OHANA FUN! HAWAII, RISE! ENTERPRISE L.L.C. AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM OHANA FUN! HAWAII, RISE! ENTERPRISE, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OHANA FUN! HAWAII AND RISE! ENTERPRISE L.L.C., AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND PRODUCTS INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SUPPLIERS PROVIDING THE PRODUCTS ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF OHANA FUN! HAWAII OR RISE! ENTERPRISE AND THE RISE! ENTERPRISE L.L.C. AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. OHANA FUN! HAWAII, RISE! ENTERPRISE L.L.C. AND THEIR AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL RISE! ENTERPRISE L.L.C., OHANA FUN! HAWAII, AND/OR THEIR RESPECTIVE SUPPLIERS 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, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; 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 RISE! ENTERPRISE L.L.C., OHANA FUN! HAWAII AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, Rise! Enterprise L.L.C., Ohana Fun! Hawaii or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Rise! Enterprise L.L.C., Ohana Fun! Hawaii and their Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Rise! Enterprise L.L.C., Ohana Fun! Hawaii, their Affiliates, and/or their respective suppliers.You agree to defend and indemnify Rise! Enterprise L.L.C., Ohana Fun and their Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
a. your breach of this Agreement or the documents referenced herein;
b. your violation of any law or the rights of a third party; or
c. your use of this Website.This Website may contain hyperlinks to websites operated by parties other than Ohana Fun! Hawaii. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website ("Software") is the copyrighted work of Ohana Fun! Hawaii, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by Rise! Enterprise L.L.C., Ohana Fun! Hawaii and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Rise! Enterprise L.L.C., Ohana Fun! Hawaii and their Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2008 Rise! Enterprise L.L.C. All rights reserved. Rise! Enterprise L.L.C. and Ohana Fun! Hawaii are not responsible for content on websites operated by parties other than Rise! Enterprise L.L.C. or Ohana Fun! Hawaii, and the Ohana Fun! logo are either registered trademarks or trademarks of Rise! Enterprise L.L.C. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at info@ohanafun.net.This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Hawaii, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Maui, Hawaii, 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, or employment relationship exists between you and the Rise! Enterprise L.L.C. companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
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 Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Ohana Fun! Hawaii with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Ohana Fun! Hawaii with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.Ohana Fun! is a registered seller of travel services in Hawaii with its registration number listed below:
Hawaii registration number: AD 906For quick answers to your questions call us at 1-800 350-3849 or email us at activities@ohanafun.net
We understand that making purchases online involves a great deal of trust on your part. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the personal information you provide to us. Please read the following policy to learn about our privacy practices. By visiting our website, www.ohanafun.net, you are accepting the practices described herein.
What information we collect from you
With whom we share your information
Your choices with respect to the collection and use of your information
How we protect your information
Changes to this Privacy Policy
What information we collect from you
In General. We receive and store any information you enter on our website or give us in any other way. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and e-mail addresses, and, in some cases, billing information (such as credit card number, cardholder name, and expiration date). You can choose not to provide information to us, but in general some information about you is required in order for you to purchase activities or services; participate in a survey, sweepstakes or contest; ask us a question; or initiate other transactions on our site.
Automatic Information. We automatically collect some information about your computer when you visit ohanafun.net. For example, we will collect your IP address, Web browser software (such as Netscape Navigator or Internet Explorer), and referring Web site. We may also collect information about your online activity, such as activities viewed and purchases made. One of our goals in collecting this automatic information is to help customize your user experience.
Cookies and other Web Technologies. When you visit ohanafun.net, we may assign your computer a "cookie" (a small, unique identifier text file). You can always choose not to receive a cookie file by enabling your Web browser to refuse cookies or to prompt you before accepting a cookie. Please note that by refusing to accept a cookie, you may not be able to access some travel related tools offered by ohanafun.net.
Information Collected by Third-Party Advertising Companies. Third-party advertisers may use cookies and other technologies (such as Web beacons or single-pixel gifs) to measure the effectiveness of their ads and to personalize advertising content on ohanafun.net. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers are not covered by this Privacy Policy. You can find out more about third-party advertisers and explore the option of not having this information collected by clicking here.Ohana Fun! Hawaii uses sensitive billing information (such as credit card number, cardholder name, and expiration date) for the purpose of completing the activity purchases you conduct on our site. We use other information about you for the following general purposes: to provide you with the activities and services you request; to provide you with activity confirmations and updates; to process bills; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and website; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with Ohana Fun! Hawaii; to reward you as part of any reward and recognition program that you choose to join; to solicit information from you, including through surveys; to resolve disputes, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection.
Please review "Your choices with respect to the collection and use of your information" below.With whom we share your information
Ohanafun.net may share your information with the following entities:
Suppliers, such as activity providers who fulfill your reservations. All services throughout ohanafun.net that are provided by a third-party supplier are described as such. Please note that these suppliers may also contact you as necessary to obtain additional information about you or to facilitate your travel reservation.
Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. These companies have access to personal information needed to perform their functions but are not permitted to share or use the information for any other purpose.
Business partners with whom we may jointly offer products or services. You can tell when a third party is involved in a product or service you have requested because their name will appear with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners and recommend that you evaluate their practices before deciding to provide your personal information.
We may also share your information:
In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property or safety of Ohana Fun! Hawaii, our customers, or others; and in connection with our Terms of Service and other agreements.
In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
We also may share aggregate information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of website visitors or the most popular vacation destinations. This information does not contain any personal information and is used to develop content and services that we hope you will find of interest.Your choices with respect to the collection and use of your information
As discussed above, you can choose not to provide us with any information, although it may be needed to purchase activities or to take advantage of certain features offered on ohanafun.net.
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note you will not be able to access some portions of our site if you delete cookies altogether.How we protect your information
We want you to feel confident about using ohanafun.net to plan and purchase your activities, so we are committed to protecting the information we collect. While no Web site can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information that you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.
Ohanafun.net does not sell activities or other services for purchase by children. If you are under 18, you may use ohanafun.net only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
f any part of the ohanfun.net Web site links you to other Web sites, those Web sites do not operate under this Privacy Policy. We recommend that you examine the privacy statements posted on those other Web sites to understand their procedures for collecting, using, and disclosing personal information.
Changes to this Privacy Policy
Ohanafun.net may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the e-mail address you provided to us or by placing a prominent notice on our Web site.
If you have questions about our Privacy Policy or your activity planning or purchases, please e-mail us at activities@ohanafun.net. You may also call 1-888-959-4386 to speak to a representative personally.
This Privacy Policy is effective as of May 20, 2008.