Terms and Conditions
This Website has been developed solely to assist visitors in securing information associated with the following: resort rentals, determining the availability of resort rentals, and making personal inquiries directly related to the resort rental on this website. Use of this Website for any other purpose is prohibited. The terms “we”, “us”, “our” and “Stay Aloha Properties” refer to Stay Aloha Properties LLC. The term “you” refers to any web visitor visiting www.stayalohamaui.com. You may only use our Website for your personal, non-commercial use. You may not use our Website to market any product or service to any other party, including the resorts displayed in our search results.
Stay Aloha Properties LLC provides this Website to you, subject to these Terms & Conditions. Stay Aloha Properties LLC. provides resorts with the ability to make their rental rooms available to you through this Website. Unless explicitly stated otherwise, all aspects of this Website, and the use of this Website, are governed by and subject to these Terms & Conditions.
By utilizing our Website, you agree to and accept our Terms & Conditions in their entirety and without reservation. If you do not accept and agree to our Terms & Conditions in their entirety and without reservation, please do not access or utilize our Website and leave this Website immediately. Stay Aloha Properties LLC reserves the right to make changes to these Terms & Conditions as it deems appropriate and without prior notice. Stay Aloha Properties LLC reserves the right at any time to discontinue, for any period, the Website without prior notice. You agree that Stay Aloha Properties LLC shall not be liable to you or to any and all of your privies for any changes, service outages, suspension or termination the Website.
This Website, and all associated software, files, data, content, media, or any other materials made available by Stay Aloha Properties LLC are solely owned by Stay Aloha Properties LLC and it’s licensors. All elements of the Website, including without limitation the general design and Website materials, are protected by patent, copyright, trademark and other laws relating to intellectual property rights. This Website may only be used for the intended purpose for which the Website is being made available. You may not modify any of the Website materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms & Conditions, the use of any of the Website materials on any other web site or networked computer environment is prohibited. Website materials contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Pricing
Pricing subject to change. We utilize dynamic pricing software to offer our guest the lowest possible rate based on season and overall occuapncy rates in the area.
Limitation of Liability
IN NO EVENT WILL THE WEBSITE, STAY ALOHA PROPERTIES LLC, ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR WEBSITE, THESE TERMS, YOUR USE OF THE WEBSITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH USOR AGAINST US, ANOTHER USER OR THE WEBSITE WITH RESPECT TO THESE TERMS OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE. OUR LIABILITY, AND THE LIABILITY OF ANY INDIVIDUAL MEMBER OF STAY ALOHA PROPERTIES LLC. TO YOU OR ANY AND ALL OF YOUR PRIVIES UNDER ANY AND ALL CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE IS LIMITED TO THE $100.00 IN THE AGGREGATE.
Indemnification
You agree to defend, hold harmless and indemnify Stay Aloha Properties LLC. Stay Aloha Properties 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 any person or third parties as a result of:
Your breach of this Agreement or the documents referenced herein;
Your violation of any law or the rights of a third party; or
Your use of this Website.
NO REPRESENTATIONS, ENDORSEMENT OR ADVICE
Stay Aloha Properties LLC does not own nor can it contract for any resort listed on the website. Instead, the website acts as a venue to allow you the ability to inquire and finalize the rental or purchase of a room at select resorts. As part of the website, Stay Aloha Properties LLC may make available a variety of content through the website prepared by itself or third parties. This content is for informational purposes only and is not intended as tax, legal or investment advice.
We use various ways to verify the accuracy of the information that our users provide us when they register on the website. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this website. For example, properties included on this website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this website. In addition, the property manager may make changes in information about price and availability without notice. However, we cannot and do not confirm each user’s purported identity. We encourage you to communicate directly with a property manager through the tools available on the website.
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF HAWAII, UNITED STATES OF AMERICA, AND YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE WEBSITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OF HAWAII WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF HAWAII.