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By using this site, you agree to
the following terms and conditions:
OWNERSHIP AND RESTRICTIONS ON USE
This site is owned and operated by Vacation Discounters, Inc.
("COMPANY"). All materials contained in this site are the copyrighted
property of COMPANY. No material from HAWAII-CRUISES-DISCOUNT-PACKAGES.COM or any Web site owned, operated, licensed, or
controlled by COMPANY may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way,
except that you may download one copy of the materials on any single
computer for your personal, non-commercial home use only, provided you
keep intact all copyright and other proprietary notices. Modification of
the materials or use of the materials for any other purpose is a
violation of COMPANY'S copyright and other proprietary
rights. For purposes of these terms, the use of any such material on any
other Web site or computer network environment is expressly prohibited. COMPANY
owns all right, title and interest in and to all
trademarks, service marks, and trade names included in the Web Site.
To extent the Web Site provides interactive capabilities that allows you
to submit information or data on the Web Site, you expressly acknowledge
you may not upload to, distribute through, or otherwise publish through
HAWAII-CRUISES-DISCOUNT-PACKAGES.COM any content which is libelous, defamatory, obscene,
pornographic, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable that would constitute or
encourage a criminal offense, violate the rights of any party, or that
would otherwise give rise to liability or violates any law.
By uploading or submitting any materials
to us, you automatically grant (or warrant that the owner of such rights
has expressly granted) us a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from and distribute such
materials or incorporate such materials into any form, medium, or
technology now known or later developed throughout the universe. In
addition, you warrant that all so-called "moral rights" in
those materials have been waived.
MODIFICATION OF TERMS
COMPANY reserves the
right to change, modify, add, or remove portions of these terms at any
time at our discretion. You may check these terms periodically for
changes. Your continued use of HAWAII-CRUISES-DISCOUNT-PACKAGES.COM subsequent to the revisions of
these terms means you accept those changes.
TERMINATION
These terms are effective until
terminated by COMPANY, for any reason, with or without
notice. Upon termination, you must destroy all materials obtained from
this site and any and all other COMPANY site(s) and all
copies thereof, whether made under the terms of these terms or
otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS 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
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF COMPANY OR A COMPANY
AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
JURISDICTION
This site is controlled and operated by
COMPANY from its offices within the State of California,
United States of America. COMPANY makes no representation
that materials in the site are appropriate or available for use in other
locations. These terms shall be governed by and construed in accordance
with the laws of the State of California, without giving effect to any
principles of conflicts of law. You agree that any action at law or in
equity arising out of or relating to these terms shall be filed only in
the state or federal courts located in Contra Costa County and you
hereby consent and submit to the personal jurisdiction of such courts
for the purposes of litigating any such action.
OTHER
If any provision of these terms shall be
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. This is the
entire agreement between us relating to the subject matter herein and
shall not be modified except in writing, signed by all parties.
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