Terms of Use

Introduction

Thank you for visiting the Hawaii Island Air Web site, "islandair.com". By using the Site, you agree to be bound by the following Agreement, so please carefully review this Agreement before proceeding. Hawaii Island Air reserves the right to change this Agreement and to make changes to any of the products or programs described in the Site at any time without notice or liability. Hawaii Island Air enters into agreements with third parties from time to time to provide our customers with the opportunity to obtain special services, products or prices offered by the third party. You will not be deemed to be violating this agreement when acting in accordance with the terms and conditions of any such program.

Intellectual property notifications

All information, products, services and software contained on or used in the Site ("Content") is Copyright 2014 by Hawaii Island Air, Inc. All rights reserved. The trademarks, logos, service marks, and trade dress (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Hawaii Island Air, Inc. or others. Images of people, objects, or places displayed on the Site are either the property of, or used with permission by Island Air.

Hawaii Island Air owns or uses by permission all software contained on the Site. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties.

Representations, warranties, and indemnification

By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement. You accept financial responsibility for all use of the Site under your name or account, including without limitation all uses of your account by others, including minors living with you.

You agree to indemnify, defend, and hold harmless Hawaii Island Air and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.

Limitations on your use

Hawaii Island Air provides the Site solely to permit you to determine the availability of goods and services offered on the Site and to make legitimate reservations or otherwise transact business with Hawaii Island Air, and for no other purposes. The Site is for your personal, non-commercial use. You agree that you will use the Site's services only to make legitimate reservations or purchases for you or for another person for whom you are authorized to act both legally and under the terms of this Agreement.

No warranty by Hawaii Island Air

The Content may contain inaccuracies and/or typographical errors. Hawaii Island Air may alter, change or improve the Content at any time and without notice. Hawaii Island Air makes no representations or warranties as to the Content's completeness or accuracy, and makes no commitment to update the Content. Hawaii Island Air makes no representations about the Content's suitability for any purpose.

YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL HAWAII ISLAND AIR OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER HAWAII ISLAND AIR WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Hawaii Island Air shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text or video from the Site.

While Hawaii Island Air takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL HAWAII ISLAND AIR OR ITS AFFILIATES 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 HAWAII ISLAND AIR WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Links to other sites and to the Site

The Site may provide hyperlinks or references to other sites. While Hawaii Island Air endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. Hawaii Island Air provides any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites.

Your communication with us

Hawaii Island Air will not treat as confidential any communications you send to us by electronic mail or otherwise. Hawaii Island Air has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.

Hawaii Island Air does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. If you do send us unsolicited proposals, then do so with the understanding that Hawaii Island Air may use any concepts, ideas, inventions, know-how, or techniques that you disclose in those communications for any purpose, including the developing, manufacturing, and/or marketing of goods, products, or services. Hawaii Island Air may do so free of any obligation to compensate you for that use.

Your use of Forums

Hawaii Island Air reserves the right to edit or remove at will and without notice any Content on the Site, including anything you post in a Forum. You understand that Hawaii Island Air owns any and all information or material that you post on a Forum. You agree that you waive all of the rights you have to any information or material that you post on a Forum. Hawaii Island Air does not endorse or sponsor any information or material posted by Forum users, and has no responsibility to approve, review, or screen such information or material.

Jurisdiction for actions, governing law, and procedural restrictions

You agree that this Agreement is made and entered into in Honolulu, Hawaii. You agree that Hawaii law governs this Agreement's interpretation and/or any dispute arising from your access to, dealings with, or use of the Site, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Honolulu, Hawaii. You agree and understand that you will not bring against Hawaii Island Air, or any of its affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site.

Other

The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement.

Transportation of passengers, baggage, and cargo by Hawaii Island Air is subject to the terms and conditions contained in the Contract of Carriage. By purchasing a ticket and accepting transportation the passenger agrees to be bound by these terms.

Passenger information received and stored on computer systems owned by Hawaii Island Air is subject to the terms and conditions contained in the Privacy Policy. By providing information through Site transportation the passenger agrees to be bound by these terms.