TERMS AND CONDITIONS
AGREEMENT BETWEEN CUSTOMER AND MC&A, Inc.
Welcome to the MC&A, Inc. website (the "Website"). This Website is provided solely to assist customers in gathering information about tours and activities in Hawaii, determining the availability of these services, and making legitimate reservations and for no other purposes. The terms "we", "us", "our" refer to MC&A, Inc., a Hawaii corporation, and its subsidiaries and corporate affiliates. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
1. you are at least 18 years of age;
2. you possess the legal authority to create a binding legal obligation;
4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
6. all information supplied by you on this Website is true, accurate, current and complete; and
7. if you have a MC&A, Inc. account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
MC&A, Inc. is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “MC&A, Inc.: Arbitration Claim,” at 615 Piikoi St., #1000, Honolulu, HI 96814. If we request arbitration against you, we will give you notice at the email address or street address you have provided.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
The content and information on this Website (including, but not limited to, price and availability of tours and activities) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
1. use this Website or its contents for any commercial purpose;
2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6. deep—link to any portion of this Website (including, without limitation, the purchase path for any services) for any purpose without our express written permission; or
7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, MC&A, Inc. may cancel any reservations associated with your name, email address or account, and close any associated MC&A, Inc. accounts. If you have conducted any fraudulent activity, MC&A, Inc. reserves the right to take any necessary legal action and you may be liable for monetary losses to MC&A, Inc., including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact MC&A, Inc. Customer Service.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of tours and activities that you select. Please read these additional terms and conditions carefully. We reserve the right to cancel your booking if full payment is not received in a timely fashion. MC&A, Inc. is not liable for any costs incurred due to relocation.
You acknowledge that some third-party providers offering certain services, tours and/or activities may require you to sign their liability waiver prior to participation in what they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product, services, tour and/or activity, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
The Information, Software, Tours and Activities published on this Website may include inaccuracies or errors, including pricing errors. In particular, MC&A, Inc. and MC&A, Inc. Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the tours and activities displayed on this Website (including, without limitation, the pricing, photographs, list of amenities, general descriptions, etc.). In addition, MC&A, Inc. expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
MC&A, Inc., the MC&A, Inc. Affiliates and their respective suppliers make no guarantees about the availability of specific tours and activities. MC&A, Inc. and the MC&A, Inc. Affiliate may make improvements and/or changes on the Website at any time.
MC&A, Inc., the MC&A, Inc. Affiliates and their respective suppliers make no representations about the suitability of the information, software, tours and activities contained on this Website for any purpose, and the inclusion or offering of any tour and activity on this Website does not constitute any endorsement or recommendation of such by MC&A, Inc. or the MC&A, Inc. Affiliates. All such information, software products, services, tours and activities are provided “as is” without warranty of any kind. MC&A, Inc., the MC&A, Inc. Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from MC&A, Inc., the MC&A, Inc. Affiliates and/or their respective suppliers are free of viruses or other harmful components. MC&A, Inc., the MC&A, Inc. Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, tours and activities, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The suppliers providing tours or activities on this Website are independent contractors and not agents or employees of MC&A, Inc. or the MC&A, Inc. Affiliates. MC&A, Inc. and the MC&A, Inc. Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. MC&A, Inc. and the MC&A, Inc. Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall MC&A, Inc., the MC&A, Inc. Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, tours and activities obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if MC&A, Inc., the MC&A, Inc. Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, MC&A, Inc., the MC&A, Inc. Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of MC&A, Inc., the MC&A, Inc. Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to MC&A, Inc. in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
You agree to defend and indemnify MC&A, Inc., the MC&A, Inc. 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 third parties as a result of:
2. your violation of any law or the rights of a third party; or
3. your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than MC&A, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) are free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
BANK AND CREDIT CARD FEES
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are ©2015 MC&A, Inc. All rights reserved. If you are aware of an infringement of our brand, please let us know by emailing us at ???@mcahawaii.com. We only address messages concerning brand infringement at this email address.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, MC&A, Inc. has adopted a policy of terminating, in appropriate circumstances and at MC&A, Inc.'s sole discretion, subscribers or account holders who are deemed to be repeat infringers. MC&A, Inc. may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
3. Your address, email address and telephone number.
4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to exp-copyright@MC&A, Inc..com, by fax to (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints, or by using the contact information below.
You agree that no joint venture, partnership, or employment relationship exists between you and MC&A, Inc. as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and MC&A, Inc. with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For quick answers to your questions or ways to contact us, visit our Customer Support Center. Or, you can write to us at:
Attn: Customer Service
615 Piikoi St., #1000
Honolulu, HI 96814