Terms of Access and Use
Thank you for visiting www.hawaiitourismauthority.org
and www.travelsmarthawaii.com. By visiting and using
this website, its subpages, and content, you are agreeing to these terms of access and use.
Please read the following Term of Access and Use carefully before using this website. Your use of this website is expressly
conditioned on your acceptance of these terms and conditions without any modifications. Your use of this website constitutes
your acceptance of all the terms and conditions set forth herein. If you do not agree with any part of the following terms and
conditions, you should not use this website.
You have entered the official website of the Hawaii Tourism Authority, State of Hawaii (“HTA”), i.e. pages starting with
(cumulatively referred to herein as “WEB SITE”), which may be used for authorized purposes only. The WEB SITE is not intended
to be an open public forum.
As used in these terms of access and use, “WEB SITE” means and refers to all or any portion of the official Hawaii Tourism
Authority website (i.e., all pages starting with
“www.travelsmarthawaii.com”.), sub pages and content.
As used in these terms of access and use, “content” includes the information, material, documents, text, graphics, images,
logos, and HTML programming format (including meta tags or the meta http-equivalent), and scripts.
Unless otherwise noted, the WEB SITE and all of the materials contained herein, including the HTML code, source code, and any other
code used to generate any portion of the Web Site, are the copyrighted property of HTA or of third parties who have licensed HTA to use
their property. None of the content or data found on the Web Site may be reproduced, republished, distributed, sold, transferred,
or modified without the express written permission of HTA; provided, however, that users may reproduce a single copy of any webpage for
their personal use. In addition, the trademarks, logos, service marks, and intellectual property displayed on the WEB SITE (collectively
the “Trademarks”) are registered and/or common law trademarks of HTA and/or third party service providers. Nothing
contained on the WEB SITE should be interpreted as granting, by implication, estoppels, or otherwise, any license or right to use any of
the Trademarks without the written permission of HTA and/or the appropriate third party service providers.
No Unlawful or Prohibited Use
As a condition of your use of the WEB SITE, you agree that you will not use the WEB SITE for any purpose that is unlawful or prohibited by
these Terms of Access and Use. Actions that you agree not to take include, but are not limited to: (1) taking or attempting to take any
action that grants you access to the WEB SITE to an extent greater than authorized by HTA; (2) taking or attempting to take any action
that results in an unauthorized modification, addition, or deletion to the WEB SITE; (3) taking or attempting to take any action that
violates the security of the WEB SITE; (4) taking or attempting to take any action that would impose an unreasonable or excessively large load
on the WEB SITE infrastructure; and (5) knowingly providing false or misleading information to HTA.
Personal and Non-Commercial Use Limitation
The Web Site is strictly for your personal and non-commercial use. In the absence of HTA’s express prior written consent,
you may not modify, copy, transmit, distribute, display, publish, or reproduce the WEB SITE, or any part thereof for any purpose other than
your own personal and non-commercial use.
keep it safe.
This site does not include diacritical markings for Hawaiian words because not all computers are able to reproduce these markings or true
fonts in normal text.
Security and Monitoring Notice
This site reserves the right to collect navigational information about its users such as:
- The name of the domain from which the site was accessed;
- The date and time the site was accessed; and
- The web site address (also called the URL) of the link clicked to access the site.
For site security purposes, all network traffic is monitored in order to identify unauthorized attempts to upload or change information, or
otherwise conduct criminal activity. In connection with authorized law enforcement investigations and pursuant to required legal process,
navigational information may be used to assist in obtaining personally identifiable information.
Furthermore, to protect this WEB SITE as well as the associated computer system supporting the WEB SITE from authorized use and to ensure
that the computer system is functioning properly, individuals accessing this WEB SITE and the associated computer system are subject to having all
their activities monitored and recorded by personnel authorized to do so by the Hawaii Tourism Authority and the State of Hawaii. Anyone using
the WEB SITE and the associated computer system expressly consents to such monitoring and is advised that if such monitoring reveals evidence
of possible abuse or criminal activity, Hawaii Tourism Authority or State of Hawaii personnel may provide the result of such monitoring to appropriate
officials. Unauthorized attempts to upload or change the content of the WEB SITE, or otherwise cause damage to the WEB SITE or the computer
system are strictly prohibited and may be punishable under applicable law.
Notice That Web Site May Change Without Notice
The WEB SITE is provided as a public service. The WEB SITE is dynamic and will change over time WITHOUT NOTICE. Users of the WEB
SITE are therefore fully responsible for checking the accuracy, completeness, currency and suitability of content found on the WEB SITE themselves.
In addition, the State of Hawaii may suspend or discontinue some or all of these public services at any time, or it may elect to charge a fee for
access to or use of this public service.
Disclaimer of Warranties and Waiver of Liabilities
This WEB SITE is provided “AS IS” and without warranties of any kind and HTA makes no representations about the suitability, reliability,
availability, timeliness, lack of viruses or other harmful components, and accuracy of the information, products, services, related graphics, and all
other content found on the WEB SITE. To the fullest extent of the law, the State of Hawaii, including the HTA, and each agency, officer, or
employee of the State of Hawaii, disclaims all warranties, expressed or implied, including but not limited to warranties of merchantability and fitness
for a particular purpose, content, title and non-infringement, with respect to the WEB SITE: This disclaimer of warranties includes but is not limited
to disclaimers as regards the following: (1) that the functioning of the WEB SITE will be uninterrupted and error-free; (2) that any defects or other
errors on this WEB SITE will be corrected; and (3) that this WEB SITE as well as the computer system are or will be free of viruses of other harmful components.
In addition, neither the Hawaii Tourism Authority, the State of Hawaii, nor any of its agencies, officers, or employees of the State of Hawaii
makes any representations, guarantees, or warranties as to: (1) the accuracy, completeness, currency, or suitability of the information provided
via the WEB SITE; (2) the use of or the results of the use of the WEB SITE; and (3)the accuracy, reliability, availability or completeness or usefulness
of the content of the WEB SITE created and maintained by persons other than the Hawaii Tourism Authority or the State of Hawaii and linked to or
from this WEB SITE.
Disclaimer of Warranty and Limitation of Liability
In no event shall HTA be liable for any direct, indirect, punitive, incidental, special, consequential, or any type of damages arising out of or in
any way related to the use or performance of the Web Site, the provision of or failure to provide service, or for any information, products, services,
related graphics, and other materials obtained through the WEB SITE, or otherwise arising out of the use of the WEB SITE, whether based on contract,
tort, negligence, strict liability, or any cause of action, even if HTA has been advised of the possibility of such damages. By your continued
use of the website, you hereby acknowledge this disclaimer of warranties and limitation of liabilities and waive any claims for damages arising from said use.
Please note that because some states/jurisdictions do not allow the disclaimer or waiver of certain warranties and/or the exclusion or limitation of
liability types of damages, some of the preceding disclaimer, exclusion, and limitation may not apply to you. In such event, please see the section
below entitled “Restriction on Use Based on Location.”
Duplication or use of any content from the WEB SITE for commercial purpose or in any manner likely to give the impression of official approval or
endorsement by the State of Hawaii or the Hawaii Tourism Authority is prohibited. The WEB SITE and associated internet webpage’s of the HTA
are copyrighted ©1995-2007 by the HTA and all rights are reserved.
Notice of Limitations on Use of State Seals and Symbols
Use of the great seal of the State of Hawaii or in the coat-of-arms of the State is restricted by Section 5-6, Hawaii Revised Statues, which states:
Whoever uses any representation of the great seal or the coat-of arms of the State in any advertisements or for any commercial purposes or in
any manner likely to give the impression of official State approval shall be guilty of a misdemeanor. The preceding sentence shall not be
constructed to apply to the use of the seal of the coat of arms in any newspaper, periodical, book, or pamphlet wherein the seal or coat of arms
is printed for informational purposes only.
Links to External websites and Pages
This Web Site contains hypertext links to other websites that are maintained by and under the control of third parties (the “Linked
Websites”). HTA is not responsible for, and makes no representation or warranty regarding, the content or accuracy of any of the
Linked Websites. The inclusion of a link does not mean that HTA endorses, has reviewed, or approves of the Linked Website or the individuals
and/or organizations responsible for the Linked Website. These hypertext links are provided as a convenience only, and HTA is not responsible
for any content that can be accessed through a hypertext link. If you access a Linked Website, you do so at your own risk.
Any questions that you have about one of the Linked Websites should be directed to the individuals and/or organizations responsible for that website.
In addition, hypertext links may be created by the HTA or State of Hawaii for information purposes, that is, where the linked external web site will
provide useful and valuable information to visitors to this WEB SITE, or where the linked external web site is required or authorized by law.
These hypertext links to external web sites and pages may be removed or replaced in the sole discretion of the HTA or the State of Hawaii, at any time
In the event you discover problems with or have concerns regarding the format, accuracy, timeliness or completeness of a linked external web site,
please contact the organization responsible for the linked external web site. The HTA or the State of Hawaii does not control nor is it responsible
for the content or technical integrity of any linked external web sites and pages.
The WEB SITE and pages are not intended to be open public forums. The Internet is a distributed network of millions of computers. Although
we attempt to verify all links, there is a possibility that the particular server that you are attempting to link to is not currently operational.
Please e-mail us at email@example.com to let us know about a broken hyperlink.
Disclaimer of Endorsement
Any reference in the WEB SITE to any specific commercial products, processes, or services by trade name, trademark, manufacture, or otherwise,
does not constitute or imply its endorsement, recommendation, or favoring by the HTA or the State of Hawaii.
The WEB SITE is provided as a public service using an associated computer system located within the State of Hawaii. Any person choosing to
access and use this WEB SITE is subject to the jurisdiction of the State of Hawaii.
These terms shall be governed by and construed in accordance with the laws of the State of Hawaii. Any dispute arising out of or relating to
these terms, or access and use of the WEB SITE shall be decided under the laws of and in the state courts in the State of Hawaii, and you hereby consent
to and submit to the personal jurisdiction of such courts for the purpose of adjudicating such dispute.
Restriction on Use Based on Location
Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Access and Use.
Accessing in the WEBSITE in Countries Other Than the United States
HTA makes no claims regarding the legality of viewing or downloading the content of the WEB SITE in any country other than the United States.
Anyone who accesses this WEB SITE in a country other than the United States does so at his or her own risk.
Violation of These Terms of Conditions of Use
If HTA determines that you have violated any provision of these Terms of Access and Use, HTA has the right, in its sole discretion, to pursue any and
all of its legal remedies.
Policy on Links to the HTA Web Site
If you want to create a link to the HTA web site, please direct your request to the HTA via
(firstname.lastname@example.org). You will be required to execute a Linking Agreement.
You MAY NOT without HTA’s express written consent: (1) point or link from a website directly to content within HTA’s Web Site other
than by pointing or linking to http://www.hawaiitourismauthority.org
or one of the major subcategory pages as provided above; (2) copy, modify, or display HTA’s name, logo, text, or graphic images in any way; or
(3) redeliver any of the pages/text/images/content of HTA’s Web Site using “framing” technology.
You agree to defend, indemnify, and hold harmless HTA, and its officers, directors, employees, and agents from and against any and all claims arising
from your use of the WEB SITE.
If any provision of these Terms of Access and Use is held to be invalid or enforceable, the validity and enforceability of the other provisions
of these Terms of Access and Use will remain unaffected.
The headings in these Terms of Access and Use are included solely for convenience and will not limit or otherwise affect these Terms of Access and Use.
These Terms of Access and Use and any other policies and/or guidelines referred to herein constitute the entire agreement between you and HTA regarding
the WEB SITE, and supersede all other prior or concurrent oral or written letters, agreements, or understandings related to the WEB SITE.
If you have any questions or comments, we can be contacted by emailing at
email@example.com, by telephone at 808.973.2255, or by postal mail at
1801 Kalakaua Ave., 1st level, Honolulu, Hawaii, USA 96815.
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