Terms and Conditions
TERMS OF SERVICE
Effective Date: May 17, 2022
The terms “we,” “us,” and “our” refer to Gellerholz Inc. (“Company”).
The terms “Site” refers to www.thehawaiivacationguide.com (“Site”). On the Site, we provide information and resources to help website visitors plan a trip to Hawaii (“Content”) and offer various related products for sale, including, but not limited to downloadable travel itineraries (“Itineraries”) (collectively, “Services”).
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Site and/or Services.
- COMPANY’S SITE AND SERVICES. The Company is not a travel agency and we do not own or operate transportation services, accommodations, restaurants, tours, activities, experiences or similar services. Through our Site and Services, we make Content and Itineraries available to help you plan a trip to Hawaii and we identify related transportation services, accommodations, restaurants, tours, activities, experiences or similar services (collectively, “Travel Service Provider(s)”). The information provided in our Content, Itineraries, Site and Services is for your informational purposes only. It is your responsibility to independently investigate whether the information provided in our Content, Itineraries, Site and Services or the goods or services provided by Travel Service Providers are suitable for you prior to your access, use, purchase and/or participation.
- YOUR ASSUMPTION OF RISK. Your use of information described in, your participation in activities presented in, and/or your engagement of any Travel Service Providers presented in our Content, Itineraries, Site and/or Services may carry the risk of illness, bodily injury, disability, death, or property damage, and to the maximum extent permitted by applicable law, you voluntarily and freely assume all risks and dangers that may occur pursuant to your access, use, purchase or participation in any information, activity, good or service described in our Content, Itineraries, Site and Services or provided by any Travel Service Providers. You are responsible and liable for your own acts and omissions pursuant to your access, use, purchase or participation in any information, activity, good or service described in our Content, Itineraries, Site and/or Services or provided by any Travel Service Providers.
- TRAVEL SERVICE PROVIDERS. The Company is not responsible for any intentional, careless or negligent actions or omissions, errors, default or insolvency on the part of Travel Service Provider(s) identified in our Content, Itineraries, Site and/or Services, which result in any loss, damages, delay or injury to you. The Company does not give any representations or warranties with respect to any of the Travel Service Providers. Company is not liable for breaches or negligence of any such Travel Service Providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Company is not a party to the contracts entered into directly between you and the Travel Service Provider(s). Therefore, in the event of any default with respect to the goods or services of a Travel Service Provider, your sole recourse shall be with such Travel Service Provider, subject to the Travel Service Provider’s terms and conditions.
- TRAVEL REQUIREMENTS. You are responsible for ensuring that you meet all travel requirements to/from Hawaii and that your travel documents, including passports and visas, are in order. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. The Company accepts no liability for you or your accompanying travelers who are refused entry onto a flight or into any country because of the you or your accompanying travelers’ failure to carry the travel documents required by any airline, authority, or country, including countries you may just be passing through en route to your destination. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.You are responsible for investigating and reviewing travel prohibitions, warnings, announcements and advisories issued by your own government and destination government prior to booking travel.
- USE OF THE SITE OR SERVICES
- LAWFUL PURPOSES. You may use the Content, Itineraries, Site and/or Services for lawful and legitimate purposes only. To access or use the Content, Itineraries, Site and/or Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Content, Itineraries, Site and/or Services.
- ACCOUNT INFORMATION. In order to use the Content, Itineraries, Site and/or Services, you may be required to provide information about yourself including, but not limited to, your name, email address, username, password and/or other personal or financial information (collectively, “Account Information”). You agree that any Account Information you provide will always be accurate, correct and up to date. You must not impersonate someone else or provide information other than your own. You are solely responsible for maintaining the confidentiality of your Account Information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your Account Information, with or without your knowledge.
- REFUSAL OF SERVICES. We reserve the right to refuse access or immediately remove you from the Site and/or Services, without refund (if applicable) or liability, if in our sole discretion, you violate these Terms of Service or other Agreements governing your use of the Site and/or Services.
- PAYMENTS AND REFUNDS
- PRICING. All applicable prices for our Services are as set forth alongside the offered Services and are payable in United States dollars. You agree to be financially responsible for all purchases made by you at the prices stated at the time of your purchase, as well as any sales, use, excise, and related taxes. Subject to us fulfilling our responsibilities to you based on acceptance of your payment for our Services, we reserve the right to modify our pricing structure at any time and without advance notice.
- FORM OF PAYMENT. Payment may only be made with a valid credit card or debit card. Fees will be processed through third-party payment processing systems. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
- REFUNDS. Refunds for your purchase of Services is not available. You agree to make timely and full payment to the Company for your purchase(s) of Services.
- PROHIBITED USES. You may use the Content, Itineraries, Site and/or Services only for lawful purposes and in accordance with these Terms of Service and Agreements. You agree not to use the Content, Itineraries, Site and/or Services:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm others in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others and the Company’s, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Content, Itineraries, Site and/or Services, or which, as determined by us, may harm or offend the Company or users of the Content, Itineraries, Site and/or Services or expose them to liability.
Additionally, you agree not to:
- Use the Content, Itineraries, Site and/or Services in any manner that could disable, overburden, damage, or impair the Content, Itineraries, Site and/or Services or interfere with any other party’s use of the Content, Itineraries, Site and/or Services, including their ability to engage in real time activities through the Content, Itineraries, Site and/or Services.
- Use any robot, spider, or other automatic device, process, or means to access the Content, Itineraries, Site and/or Services for any purpose, including monitoring or copying any of the material on the Content, Itineraries, Site and/or Services.
- Use any manual process to monitor or copy any of the material on the Content, Itineraries, Site and/or Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Content, Itineraries, Site and/or Services.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Take any action that may damage or falsify the Company, Site or Services rating.
- Otherwise attempt to interfere with the proper working of the Content, Itineraries, Site and/or Services.
- AFFILIATE LINKS. Company is a participant in affiliate advertising programs designed to provide a means for sites to earn fees by advertising and linking to partners. Specifically, the Company participates in affiliate programs with FareHarbor Distribution Network, Amazon, Hawaii Tours, CJ, ShareASale, and other sites. This means that if you purchase an item or service from one of our affiliates using our affiliate link, we may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
- DISCLAIMER. ANY SERVICES AND/OR INFORMATION PROVIDED IN THE CONTENT, ITINERARIES, SITE AND/OR SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE CONTENT, ITINERARIES, SITE AND/OR SERVICES (INCLUDING EMAIL) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT, ITINERARIES, SITE AND/OR SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE CONTENT, ITINERARIES, SITE AND/OR SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO SITE AND SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE CONTENT, ITINERARIES, SITE AND/OR SERVICES. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT, ITINERARIES, SITE AND/OR SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION IN THE CONTENT, ITINERARIES, SITE AND/OR SERVICES.
- LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, COMPANY, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR COMPANY WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE USE OF THE CONTENT, ITINERARIES, SITE AND/OR SERVICES IT PROVIDES.
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 COMPANY. THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.
- INTELLECTUAL PROPERTY
- You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Content, Itineraries, Site and/or Services, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Content, Itineraries, Site and/or Services, without liability or refund, if you are caught violating this intellectual property policy. We further reserve the right to purse all legal remedies.
- You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Content, Itineraries, Site and/or Services.
- You may not access or use for any commercial purposes any part of the Content, Itineraries, Site and/or Services or materials available therein.
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Content, Itineraries, Site and/or Services in breach of the Terms of Service, your right to use the Content, Itineraries, Site and/or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- TRADEMARKS. All trade names, trademarks, and images and biographical information of people used in the Content, Itineraries, Site and/or Services, including without limitation the Company’s name and trademark(s), are either the property of, or used with permission by, the Company. Their use by you is strictly prohibited unless specifically permitted by these Terms of Service or by prior written permission from the Company. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
- ERRORS, INACCURACIES, AND OMISSIONS. Information provided about or in the Content, Itineraries, Site and/or Services is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Content, Itineraries, Site and/or Services.
- USE OF TESTIMONIALS AND REVIEWS. The Content, Itineraries, Site and/or Services may reference testimonials, reviews, case studies or other feedback from others about our Content, Itineraries, Site and/or Services. Although these are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in the Content, Itineraries, Site and/or Services.
- CUSTOMER FEEDBACK. You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, direct messages, discussions in forums, social media, video calls, coaching calls, or otherwise, for the purposes of marketing or promoting our Content, Itineraries, Site and/or Services. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
- INDEMNIFICATION. You shall indemnify and hold the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any (i) breach by you of these Terms of Service or Agreements; (ii) your violation of any law or the rights of a third-party; (iii) or any use by you of the Content, Itineraries, Site and/or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
- TERM. These Terms of Service remains in full force and effect while you use our Content, Itineraries, Site and/or Services. All provisions of the Terms of Service shall survive termination by either party, including, without limitation, the terms relating to warranties and representations, intellectual property, disclaimers, indemnification, limitations of liability, governing law, and dispute resolution.
- GOVERNING LAW. The Terms of Service shall be governed by the laws of the State of California.
- DISPUTE RESOLUTION. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by first trying to resolve the dispute with the help of a mutually agreed-upon mediator in Sonoma County, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within forty-five (45) calendar days after it is referred to the mediator, any party may take the matter to court. If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
- EFFECT OF HEADINGS. The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
- WAIVER. Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
- SEVERABILITY. If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
- ASSIGNMENT. These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
- CHANGED TERMS. We reserve the right to update any portion of our Content, Itineraries, Site and/or Services, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on the Site. Any use of the Content, Itineraries, Site and/or Services by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.
HOW TO CONTACT US. If you have any questions about these Terms of Service, please contact us at: [email protected]
The Hawaii Vacation Guide
PO Box #743
132 Papalaua St.
Lahaina, HI 96767