TERMS OF USE

Last Updated: May 2024

By using this website, (hereinafter: the “Website”), you, the person using the website (hereinafter: the ‘User’) agree to the Terms of Use (hereinafter: the “TOU”). Please read the TOU carefully before using the Website. 

This agreement discloses the TOU of the Website www.hoomauoahu.com owned and operated by HOʻOMAU OʻAHU TOURS, a Company in Hawaiʻi (hereinafter: the “Company”). By accessing or using the Website, you hereby agree to be bound by the TOU incorporated herein, in addition to our Privacy Policy and Disclaimer.

It is your responsibility to read this agreement prior to using the Website. If you do not expressly agree to all of the TOU outlined herein, then please do not access or use the Website. 

ACCEPTANCE OF TERMS

1.1 The following TOU is a legally binding agreement that shall govern the relationship with the Company’s Users and any other parties that may interact or interface with the Company, the Website, and/or the Company’s subsidiaries and affiliates. The User’s
access to, and use of, the Website signifies their acceptance and agreement to the TOU. 

PURPOSE 

2.1 The Website is intended for promotional, informational, and educational purposes only. This purpose extends to all digital products and services purchased on or through the Website, inclusive of any communication between the User and the Company via email or telephone, or through any notices from announcements, newsletters, promotional materials, or social media marketing channels.

2.2 Any content on, or made available through, the Website is not guaranteed to be accurate, complete, reliable, current, or error-free. By using the Website, the User accepts and agrees that following any information, opinion(s) or recommendation(s) provided therein, and/or through any affiliated digital channels, is done at the User’s own risk.

2.3 The Company makes no guarantee of any kind regarding the potential income or results that can be generated through the use of the Company’s services, products or the Website. From time to time, the Company may publish testimonials from clients - however, the User must keep in mind that past results are not an indication or promise of their own present or future results. 

COPYRIGHT

3.1 all materials created by the Company on the Website, and by extension, any products and services sold or provided on or through the Website including, but not limited to, digital media, pictures, videos, contracts, manuals, wireframes, websites, codes, pdfs, resources, and/or step-by-step services, are protected by copyright law as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to the Company. 

3.2 The User agrees and understands that everything on the Website is the exclusive property of the Company, and the User hereby agrees:

1. Not to use any materials for any other purpose than what is expressly permitted in this agreement;

2. Not to distribute, share, sell, copy, exploit, reuse, duplicate or reproduce the Website in any medium;

3. Not to distribute, share, sell, copy, exploit, reuse, duplicate or reproduce in any medium, any materials or services purchased on or through the Website and/or any associated channels of the Company without the Company’s express written authorization to do so;

4. That any violation of these TOU will be remedied by the highest degree permissible by law, accompanied by a monetary fine deemed adequate by applicable law;

5. That each page of the Website is to be considered as a separate work under the copyright act, and each access of a page or product or service purchased and delivered to the customer is to be considered a separate publication of work under the copyright act. 

TRADEMARKS

4.1 The Company’s name and logo are trademarks of the Company. Any other names, words, titles, phrases, logos, designs, graphics, icons, and/or trademarks displayed on the Website may constitute registered or unregistered trademarks of the Company or affiliated third parties. While certain trademarks of third parties may be used by the Company under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between the Company and the owner of said trademark, or to imply that the Company endorses the wares, services, or business of the owner of said trademark.

LICENSE OF INTELLECTUAL PROPERTY

5.1 Unless otherwise stated, the Company and/or its licensors own the property rights for all material on the Website and/or affiliated services, any digital products or services sold or downloaded through the Website’s services, as well as any and all materials that may appear on affiliated social media platforms, including, but not limited to, all social media accounts outlined therein. Examples of intellectual property found on the Website and within the Company’s products and services include, but are not limited to: trademarks, service marks, layouts, logos, business names, designs, text, written copy, certain images, podcast recordings, videos, audio files, and all of the Company’s paid products (collectively referred to as “intellectual property”). All intellectual property rights are reserved. If the Website contains information that the User can download, permission is granted to download copies of said materials for personal, non-commercial, transitory viewing only. 

5.2 This is the grant of a license, not a transfer of title. Under this license, the User may access the Website for personal use, but may not: 

1. Modify, copy, republish, reproduce, or redistribute the Website materials; 

2. Use the Website materials, and any products or services sold through the Website, for any commercial purposes including, but not limited to: selling, renting, sub-licensing, and/or for any public display (commercial or non-commercial); 

3. Transfer the Website materials, and any products and/or services sold through the Website, to another party, or ‘mirror’ the materials on any other server. 

5.3 If such behavior outlined above is discovered or suspected, this license shall automatically terminate if the behavior is confirmed as a violation of any of these restrictions. The Company reserves the right to immediately revoke the User’s access to the Website, as well as any programs, services, or materials the User may have purchased through the Website or the Company, without refund, and reserves the right to prosecute any actionable infringement or misuse to the fullest extent of the law. Upon terminating the User’s access to these materials, or upon termination of this license, the User must destroy any downloaded materials in their possession whether in electronic or printed format. 

5.4 The Company further reserves the right to request that the User removes all links or any particular link thereof, linking to, or affiliating with, the Website. The User accepts to immediately remove any and all such links upon the Company’s request. 

5.5 The Website may use free stock photography as part of its design. All stock images used on the Website or by the Company have an irrevocable, non-exclusive copyright license to download, copy, distribute, use, and modify the photos free of charge, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer. 

5.6 The User must make an express request to the Company for written permission to use any content posted or displayed on the Website. The User can make their request known, by sending an application, in writing, via email to: info@hoomauoahu.com. 

LINK TO THIRD PARTY WEBSITES

6.1 The website may contain links to third-party websites and/or resources, which are not maintained by, or related to, the Company. The User acknowledges and agrees that the Company is not responsible for the availability of such links, resources and/or content, and the Company does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. The User understands that the Company accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in any affiliated third-party websites. 

6.2 The website may also have links to affiliate programs. The Company reserves the right to link to products or services for which they earn a commission, affiliate fee, or referral fee (all of which are interchangeable and mean the same thing for the purposes of this Agreement). The Company will take reasonable measures to ensure that all affiliate links are labeled and disclaimed conspicuously.

SOCIAL MEDIA GUIDELINES 

7.1 The TOU of the Website extend to the use of any and all social media pages on Facebook, Pinterest, Twitter, Instagram, LinkedIn, YouTube or Tik Tok, or any posts containing any reviews or comments regarding the User’s access to services on these social media platforms or third-party websites.  The Company and the User endeavour to abide by the following social media guidelines: 

1. The Company reserves the right to remove, block and/or delete any comments that may be construed as bullying, name-calling, foul language or contrary to the Website or social media platform’s intended conversation of positivity, education and/or encouragement.

2. By using any and all social media pages affiliated with the Company, the User verifies that all information submitted is accurate and factual. Negative comments and/or complaints posted by the User may be construed as claims against the Company and may be subject to legal action.

3. The User further agrees to privately contact the Company with any concerns or suggestions prior to, and in replace of, posting publicly on any website or social media platform.

FEEDBACK, COMMENTS AND TESTIMONIALS

7.1 With the User’s prior or implied permission, the User thereby agrees that the Company has the right to use their feedback whether in the form of emails, submissions, surveys, comments, discussions,  calls, posts made on services and/or product-related forums, calls, or otherwise, for the purpose of marketing or promoting the Company and/or its services and products. The User understands that any comments posted on the Website or on the Company’s social media channels/profiles reflects the views and opinions of that person who made said posts, and not the views and opinions of the Company. The Company reserves the right to comment on, delete and/or edit any comment, image, video, or post made on the Website or on the Company’s social media channels and/or profiles.

SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED

8.1 The User understands that any information they provide or share with the Company directly or indirectly, by use of the Website, or affiliated social media channels, will not be treated as confidential or privileged. Also, any opinions expressed by another User is solely their own, and should not be considered as reflecting the opinion(s) of the Company. 

PURCHASE POLICY

9.1 If the User purchases a program, product or service from the Company, they may also enter one or more separate agreement(s) with the Company and will be subject to the Terms outlined in the TOU, and any accompanying agreements (that may include terms of purchase, or a private client agreement). The User agrees to be bound by all agreements and abide by the content therein. 

MODIFICATIONS AND CHANGES

10.1 The Company reserves the right, at its sole discretion, to modify, replace or revise the TOU for the Website at any time, and without notice. By continuing to access or use the Website after those revisions become effective, the User agrees to be bound by the revised TOU. If the User does not agree to the new TOU, they must immediately stop accessing the Website.

RELEASE OF CLAIMS, INDEMNITY AND LIMITATION OF LIABILITY

11.1 As a condition of the User’s use of the Website and/or the Company’s products and/or services, they hereby release the Company and its directors and affiliates against any and all liabilities, expenses (which include legal fees), and damages arising from claims resulting from the User’s use of the
Website and/or the Company’s products and/or services. 

11.2 The User releases any right to claims against the Company to the maximum extent as permissible under applicable law. The User agrees that under no circumstances, will the Company be liable to any party for any type of damages resulting from, or claiming to result from, any use of, or reliance on the Company’s digital products, services, or the content found therein, and the User hereby releases the Company from any and all claims whether known now, or discovered at a later date. 

11.3 Except as expressly provided herein, or where prohibited by law, the maximum liability of the Company is the amount paid to the Company by the customer. 

SEVERABILITY 

12.1 If any provision of the TOU shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

GOVERNING LAW

13.1 Any claim relating to the Company or the Website shall be governed by the laws of Hawaiʻi without regard to its conflict of law provisions. 

ENTIRE AGREEMENT

14.1 These TOU, read in combination with our Privacy Policy and Disclaimer, constitute the entire agreement relating to the use of the Website. This agreement may not be amended or modified except by the Company. 

UPDATES

15.1 [RESERVED]

CONTACT

16.1 If the User has any questions about these TOU, please contact the Company at info@hoomauoahu.com.