Terms & Conditions
Terms & Conditions
The Hanalei Initiative – for all Haena State Park Access methods including GoHaena.com and the Kaua’i North Shore Shuttle
Haena State Park Access for “Visitors” (anyone without valid State of Hawaii ID who intends to access or accesses Haena State Park) may be effected via a valid reservation, which may be called a ticket, e-ticket, voucher, pass, permit, or reservation, any of which shall be referred to as a “Reservation.”
Transportation of passengers and baggage or any other gear by the Kaua’i North Shore Shuttle and its affiliates is subject to all terms and conditions contained in these Terms, in addition to any terms and conditions specified on any site(s), printed material on or in conjunction with a Reservation, or in any published schedule or tariff. By purchasing a Reservation and accepting transportation, the passenger agrees to be bound by such all such Terms.
While the Kaua’i North Shore Shuttle makes every effort to provide on-time service, it does not guarantee its departure and arrival times, which may be delayed by any number of factors, including weather, traffic or road conditions, mechanical problems or any other cause or condition beyond Kaua’i North Shore Shuttle’s control. Kaua’i North Shore Shuttle reserves the right to cancel or change any advertised schedule or route without notice.
The Hanalei Initiative assumes no liability or responsibility for injury, loss, or damage to persons or property, inconvenience, delay, or expense arising from or caused by weather conditions, acts of God, war, accident, government restrictions or regulations, from an act or omission of any individual, traffic or road conditions, mechanical problems or any other cause or condition beyond Kaua’i North Shore Shuttle’s control.
Fares are subject to change without notice. The Hanalei Initiative is not liable for lost, stolen or destroyed Reservations.
RESERVATIONS ARE NON-REFUNDABLE.
Kaua’i North Shore Shuttle seating is on a first-come, first-served basis, except that reservation ticket holders boarding at their scheduled time and pick-up location have priority over reservation ticket holders not riding at their scheduled time and over walk-on riders using a Hop-On Pass.
The Hanalei Initiative reserves the right, without refund of any portion of Reservation purchase price, to refuse admission to or eject any person whose conduct is disorderly, who uses vulgar or abusive language or fails to comply with the rules, terms and conditions applicable to passengers. If you witness disorderly conduct or suspect a problem with a fellow passenger please notify The Hanalei Initiative or Kaua’i North Shore Shuttle personnel or contact us via published official contact information.
By presenting a Reservation for admission or shuttle ride, you hereby consent to The Hanalei Initiative’s use of your voice, image or likeness incidental to any video and/or audio-recorded program or photograph of the tour for any and all purposes without compensation to you.
Any person under the age of 13 must be accompanied by a person at least 15 years of age or older at all times.
The use or consumption of alcohol products is strictly prohibited. Federal and State law prohibit smoking on the Kaua’i North Shore Shuttle or anywhere in the Park.
We are committed to providing accessible service to persons with disabilities and are able to provide ADA accessible shuttles for passengers with mobility impairments. While the legal requirement is to provide at least 48 hour notice, we will attempt to accommodate all requests and strongly recommend providing at least 24 hour advance notice so as to help enable the timely provision of an accessible shuttle.
In accessing Haena State Park, the GoHaena reservation and information website and any electronic correspondance, or using the Kaua’i North Shore Shuttle (collectively the “Services”) you agree that you and each member of your party will:
- provide accurate information when registering and keep such information up to date;
- Treat the bus driver, any other staff, other passengers, and any other users of the Services with whom you interact with respect and not engage in any conduct which is threatening, violent, discriminatory, hateful, disruptive, offensive, obscene, harassing or otherwise harmful to other users, third parties or the public. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions set out below;
- act honestly and in good faith and in a manner that will not harm the goodwill or reputation of Haena State Park, Hui Makaainana O Makana, The Hanalei Initiative or the Kaua’i North Shore Shuttle (collectively, the “HSP Organizations”) and
- comply with these terms and all applicable laws and regulations at all time during dealings with any and all entities listed above or their representatives.
SERVICE REFUSAL & REMOVAL FROM KAUA’I NORTH SHORE SHUTTLE
By purchasing a Reservation you hereby covenant on your behalf and, where applicable, on behalf of each of your guests to treat any and all HSP Organizations staff, the bus driver and any other passengers on the bus with courtesy and respect. We reserve the right, in our sole discretion, and reserve the right for any drivers, in their sole discretion, to refuse to allow you or any of your guests on the bus or to remove you or any of your guests from the bus if you or they: (i) engage in harassing, discriminatory, violent, hateful, offensive, obscene or otherwise harmful behavior, including without limitation, any physical acts of violence and/or verbal threats; (ii) smoking, drinking or taking drugs on the bus; (iii) don’t have a valid ticket; or (iv) are intoxicated or otherwise under the influence of drugs or alcohol; (v) for any other reason that the driver or the Kaua’i North Shore Shuttle personnel or representatives deem to be reasonably necessary to protect the safety of the other passengers, the driver, the event staff personnel, and any other third party; or (vi) carrying/possession illegal, restricted, or harmful substances or goods, including without limitation, narcotics, firearms and other weapons.
RESERVATION SHUTTLE TICKET EXCHANGES
Reservation shuttle ticket exchanges are only available on a case-by-case basis, and are subject to availability and timing restrictions. If there is no available seat on the trip that you wish to exchange your ticket for, we will not be able to process an exchange. If there is any price increase then you will need to pay the difference in price. If we are unable to process an exchange due to any reason including insufficient advance notice, we will not be able to process an exchange. The Hanalei Initiative and Kaua’i North Shore Shuttle have sole authority to determine if and whether any exchange request is valid or allowable.
The Hanalei Initiative and the Kaua’i North Shore Shuttle shall not be liable to Customer for any delays or non-performance to the extent due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to acts of the bus operator, driver illness, USDOT or other regulatory compliance, acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, tsunami, rain bomb, hurricane, accident, mechanical failure, road conditions, traffic or weather conditions, limitations in regular Haena State Park accessibility or access routes or methods, Haena State Park closure, labor difficulties, civil disturbance, strikes or any other causes or circumstances beyond any of the HSP Organizations’ control. All arrival and departure times are approximate and cannot be guaranteed. The Hanalei Initiative reserves the right to substitute equipment as needed by operational considerations and determined by Kaua’i North Shore Shuttle.
The HSP Organizations accept no responsibility for any lost items in or around the Haena State Park area or on any transit to or from Haena State Park. The Kaua’i North Shore Shuttle accepts no responsibility for any items left on the vehicles whether attended or unattended.
You are liable for any damages to any HSP Organizations’ property or for any damage you cause in Haena State Park per the park’s established rules. Kaua’i North Shore Shuttle users are liable for any significant, unusual beyond normal wear and tear, and/or willful damage to the shuttle interior and exterior caused by you or any of your guests. You shall be responsible for replacement costs of any items that cannot be satisfactorily cleaned or repaired.
The following items and activities are prohibited at all times on Kaua’i North Shore Shuttle’s vehicles unless you have received prior written permission from us: (a) smoking; (b) decorations; (c) glass containers or kegs; (d) alcohol, drugs or other intoxicating substances; (e) flammable materials; butane operated grills or other combustibles; (f) guns, knives or any other weapons; and (g) animals except legally licensed Service Dogs.
Our websites “Website”, all the services (including but not limited to software) included on or otherwise made available to shuttle riders through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing by The Hanalei Initiative or on the Website
Without prejudice to the forgoing paragraph, Website does not warrant,
- Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
- The Hanalei Initiative will not be liable to users in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. The Website does not warrant that this Website; information, content, materials, product (including software) facility or services included on or otherwise made available to shuttle riders through the Website; the servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.
- Website users are required to enter a valid phone number while booking a Reservation on the Website. By registering your phone number with us, users consent to be contacted by us for the purposes of the transaction on the Website or for sending service updates, promotional offers or content.
- For the purpose of booking bus tickets through the Website, we warrant that we shall be responsible for the following activities only:
1. Generation a valid Reservation acceptable by the shuttle bus and/or park access operators.
2. Sending Email, or any other officially-sanctioned means for Reservation confirmation/cancellation.
3. Processing the Reservation cancellation request from customers subject to the cancellation policy.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not The Hanalei Initiative or Kaua’i North Shore Shuttle, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. The Hanalei Initiative and Kaua’i North Shore Shuttle does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will The Hanalei Initiative or Kaua’i North Shore Shuttle be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
WEBSITE – USE AGREEMENT
The Hanalei Initiative and Kaua’i North Shore Shuttle offers the services available on our websites and any other digital systems conditioned upon your acceptance of all the limitations of use and prohibited activities set forth below (collectively, the “Use Agreement”). By using the The Hanalei Initiative or Kaua’i North Shore Shuttle websites in any manner, you accept and agree to be bound by this Use Agreement. Your continued use of The Hanalei Initiative or Kaua’i North Shore Shuttle’s websites is your acceptance of the changed or modified Use Agreement.
WEBSITE – LIMITATIONS OF USE
The Hanalei Initiative and Kaua’i North Shore Shuttle’s sites and any Company information provided thereon is available to you only for non-commercial uses to determine the availability of goods and services offered on our sites and to transact business with The Hanalei Initiative or Kaua’i North Shore Shuttle and/or our marketing partners. Unless you are an authorized The Hanalei Initiative or Kaua’i North Shore Shuttle travel agent, you may not use the information provided on this site for any commercial use of other purpose. The unauthorized resale of any Reservations is strictly prohibited and will be prosecuted.
You may not use The Hanalei Initiative or Kaua’i North Shore Shuttle’s sites to make any speculative, fraudulent or false reservation. If you have made multiple duplicate reservations to one or more destinations on or about the same date for the same traveler(s), The Hanalei Initiative or Kaua’i North Shore Shuttle reserves the right to cancel all such reservations without notice.
You may not use The Hanalei Initiative or Kaua’i North Shore Shuttle’s sites for or in connection with offering any third party product or service not authorized or approved by The Hanalei Initiative or Kaua’i North Shore Shuttle.
The Hanalei Initiative or Kaua’i North Shore Shuttle and its service providers are not liable for information that is inaccurate due to technical defects in software used on our web sites, whether induced by their respective systems or by software provided by third parties.
If The Hanalei Initiative or Kaua’i North Shore Shuttle notifies you that the manner in which you are using one of The Hanalei Initiative or Kaua’i North Shore Shuttle sites is prohibited or unauthorized, you may no longer use the sites for that particular purpose and must immediately cease and desist from such use.
WEBSITE – PROHIBITED ACTIVITIES
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of this site for public or commercial purposes without our express written permission. Nothing on this site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
You may not modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of The Hanalei Initiative or Kaua’i North Shore Shuttle sites, including, without limitation, by any way of reproducing The Hanalei Initiative or Kaua’i North Shore Shuttle web pages or Company Information on any other web site without our express written permission.
You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to our sites, including without limitation, any service or product The Hanalei Initiative or Kaua’i North Shore Shuttle offers.
You may not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of the Kaua’i North Shore Shuttle sites.
You may not use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the The Hanalei Initiative or Kaua’i North Shore Shuttle sites or Company information.
You may not use The Hanalei Initiative or Kaua’i North Shore Shuttle sites in any way which depletes web infrastructural resources, slows the transferring or loading of any web page, or interferes with the normal operation of our site.
You may not upload or transmit to The Hanalei Initiative or Kaua’i North Shore Shuttle sites any device, software, program, or file that may damage the operation of any computer or The Hanalei Initiative or Kaua’i North Shore Shuttle sites, including without limitation, viruses or corrupt files.
You may not disguise the origin of information transmitted to, from, or through The Hanalei Initiative or Kaua’i North Shore Shuttle sites. You may not circumvent any measures implemented by The Hanalei Initiative or Kaua’i North Shore Shuttle aimed at preventing violations of the Use Agreement. You may not violate the restrictions in any robot exclusion header.
When you use The Hanalei Initiative or Kaua’i North Shore Shuttle sites or Company Information for an authorized purpose, you must include all proprietary notices without changing, hiding or deleting them.
WEBSITE – RESTRICTIONS ON USER CONTENT AND USE OF THE SERVICE
In using the Website and/or Service You shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
You do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
collect or store personal data about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
WEBSITE – LICENSE OF CONTENT
By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Kaua’i North Shore Shuttle will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
WEBSITE – END USER LICENSE
Except for User Content, this Website, and the information and materials that it contains, are the property of The Hanalei Initiative or Kaua’i North Shore Shuttle and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, The Hanalei Initiative or Kaua’i North Shore Shuttle grants you a non-transferable, non-exclusive, license to use the Website for your use (the “License”). Nothing in the Terms gives you a right to use the Kaua’i North Shore Shuttle names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
WEBSITE – FEEDBACK
If You provide The Hanalei Initiative or Kaua’i North Shore Shuttle with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service (“Feedback”), The Hanalei Initiative or Kaua’i North Shore Shuttle may use such Feedback in the Website or in any other of The Hanalei Initiative or Kaua’i North Shore Shuttle products or services (collectively, “Offerings”). Accordingly, You agree that: (a) The Hanalei Initiative or Kaua’i North Shore Shuttle is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to The Hanalei Initiative or Kaua’i North Shore Shuttle, (c) The Hanalei Initiative or Kaua’i North Shore Shuttle (including all of its successors and assigns and any successors and assigns of any of The Hanalei Initiative or Kaua’i North Shore Shuttle Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any of The Hanalei Initiative or Kaua’i North Shore Shuttle Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from The Hanalei Initiative or Kaua’i North Shore Shuttle or any of the other users of the Website in respect of the Feedback.
WEBSITE – ADVERTISING
You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that The Hanalei Initiative or Kaua’i North Shore Shuttle shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
WEBSITE – LINKS & THIRD-PARTY WEBSITES
This Website (including User Content) may contain links to other websites that are not owned or controlled by Kaua’i North Shore Shuttle, including websites connected to events for which we provide transportation services. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by us of that third party, third party product or service. The Hanalei Initiative or Kaua’i North Shore Shuttle is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that The Hanalei Initiative or Kaua’i North Shore Shuttle endorses or accepts any responsibility for the content or use of such websites, and You hereby release The Hanalei Initiative or Kaua’i North Shore Shuttle from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
WEBSITE – AVAILABILITY AND UPDATES
The Hanalei Initiative or Kaua’i North Shore Shuttle may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. The Hanalei Initiative or Kaua’i North Shore Shuttle may periodically add or update the information and materials on this Website without notice.
WEBSITE – SECURITY
Information sent or received over the Internet is generally unsecure and The Hanalei Initiative or Kaua’i North Shore Shuttle cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. The Hanalei Initiative or Kaua’i North Shore Shuttle will not be liable for any loss or damage arising from your failure to comply with these requirements.
The Hanalei Initiative or Kaua’i North Shore Shuttle uses Express Merchant Processing Solutions, a division of First Data Merchant Services LLC First Data (now Fiserv), as a e-commerce partner which uses industry standard tools to encrypt information and keep data private and confidential as it is transferred between your machine and the payment processor. This technology makes it safe to transmit your credit card number over the Internet.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.
THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” The Hanalei Initiative or Kaua’i North Shore Shuttle SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. The Hanalei Initiative or Kaua’i North Shore Shuttle DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND The Hanalei Initiative or Kaua’i North Shore Shuttle SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. The Hanalei Initiative or Kaua’i North Shore Shuttle WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL The Hanalei Initiative or Kaua’i North Shore Shuttle BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE; (V), ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (VI) YOUR INTERACTIONS WITH OTHER PASSENGERS OR THE DRIVER (VII) ANY LOSS THAT YOU EXPERIENCE OR COSTS OR EXPENSES THAT YOU INCUR, AS A RESULT OF BEING REFUSED BUS SERVICE OR BEING REMOVED FROM A BUS; (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF Kaua’i North Shore Shuttle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Kaua’i North Shore Shuttle’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY SERVICES PROVIDED IN RELATION THERETO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID The Hanalei Initiative or Kaua’i North Shore Shuttle IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree that You bear all risk and you agree to release The Hanalei Initiative or Kaua’i North Shore Shuttle (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website, Your third party transactions and in connection with The Hanalei Initiative or Kaua’i North Shore Shuttle resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver
OWNERSHIP OF COMPANY INFORMATION
Information concerning The Hanalei Initiative or Kaua’i North Shore Shuttle and its services, including schedules, routes, fares, text, graphics, button icons, audio and video clips, digital downloads, data compilations (including Customer and The Hanalei Initiative or Kaua’i North Shore Shuttle Rewards information), logos and information regarding the status of Kaua’i North Shore Shuttle schedules, etc. is referred to as “Company Information.” The Hanalei Initiative or Kaua’i North Shore Shuttle owns all copyrights, trademarks, service marks, and trade names related to our Company Information. All Company Information is proprietary to The Hanalei Initiative or Kaua’i North Shore Shuttle.
IN NO EVENT SHALL The Hanalei Initiative or Kaua’i North Shore Shuttle, ITS AFFILIATED COMPANIES, OR THEIR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER The Hanalei Initiative or Kaua’i North Shore Shuttle WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so portions of the above exclusions may not apply to you.
THE The Hanalei Initiative or Kaua’i North Shore Shuttle SITES, INCLUDING THE CONTENT AND COMPANY INFORMATION FOUND THEREON, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY CONCERNING THE INFORMATION, SERVICES, OR PRODUCTS OFFERED OR PROVIDED THROUGH OR IN CONNECTION WITH Kaua’i North Shore Shuttle’s SITES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL The Hanalei Initiative or Kaua’i North Shore Shuttle, ITS SERVICE PROVIDERS OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF The Hanalei Initiative or Kaua’i North Shore Shuttle’s SITES OR WITH THE DELAY OR INABILITY TO USE Kaua’i North Shore Shuttle’s SITES, FOR ANY INFORMATION (INCLUDING COMPANY INFORMATION), SOFTWARE PRODUCTS, AND SERVICES OBTAINED THROUGH The Hanalei Initiative or Kaua’i North Shore Shuttle’s SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE The Hanalei Initiative or Kaua’i North Shore Shuttle SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF The Hanalei Initiative or Kaua’i North Shore Shuttle, ITS SERVICE PROVIDERS OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
OUR LEGAL RIGHTS
These Terms and the relationship between you and The Hanalei Initiative or Kaua’i North Shore Shuttle shall be governed by the laws of the State of Hawai’i without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction of the courts located within Kaua’i, Hawai’i. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts in Kaua’i, Hawai’i in all disputes arising out of or relating to these Terms, our sites and site information.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms and Conditions shall be joined to any other arbitration or claim, including any arbitration or claim involving any current or former user of our services, and no class arbitration proceedings shall be permitted.
Limited Time to Bring Your Claim
You agree that any cause of action arising out of or related to the sites or any site information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
We love to hear from our Customers and encourage you to send us your comments and questions by e-mail, or U.S. mail. For information on how to contact The Hanalei Initiative or Kaua’i North Shore Shuttle, visit our Contact Us page on our Website.
Effective Date: July 2, 2021