Terms & Conditions
You have entered the SafeTravels Hawaii web site.
As used in these terms of access and use, “web site” means and refers to all or any portion of the SafeTravels Hawaii web site (including but not necessarily limited to pages with web addresses that contain “safetravelshawaii.com”), sub-pages and all its content.
As used in these terms of access and use, “content” includes the information, material, documents, text, graphics, images, logos, and HTML programming format (including meta tags or the meta http-equivalent), and scripts.
Your use of SafeTravels Hawaii’s products, software, services and web sites (referred to collectively as the “Services” herein) is subject to the following terms. The term Services excludes any services provided to you by safetravelshawaii.com or Free From Reality, LLC under a separate written agreement to the extent such agreement is expressly contrary to the following terms.
You agree not to access, or attempt to access, or allow any employee, agent or contractor to access or attempt to access any of the Services by any means other than through the interface that is provided by SafeTravels Hawaii unless you have been specifically allowed to do so in a separate, written agreement with SafeTravels Hawaii. You specifically agree not to access, or attempt to access, or allow any employee, agent or contractor to access or attempt to access any of the Services through any automated means (including, but not limited to, use of scripts, web crawlers or screen scrapers) and shall ensure that you and your agents, employees and contractors comply with the instructions set out in any robots.txt file present on the site.
You agree not to use for commercial purposes, or resell, or allow your employees, agents or contractors to use for commercial purposes or resell any of the data derived from these Services unless you have been specifically allowed to do so in a separate, written agreement with SafeTravels Hawaii. SafeTravels Hawaii reserves the right to discontinue your access by whatever means it chooses, and without notice, if it detects a violation of these terms. You agree that SafeTravels Hawaii may take any action necessary, whether at law or in equity, it deems necessary to protect its rights, and the rights of others, hereunder.
If you have questions or want to provide feedback on our terms, please contact us at: email@example.com.
Security and Monitoring Notice
This web site reserves the right to collect navigational information about its users such as:
- the name of the domain from which the site was accessed;
- the date and time the site was accessed; and
- the site address (also called the URL) of the link clicked to access the site.
For site security purposes, all network traffic is monitored in order to identify unauthorized attempts to upload or change information, or otherwise conduct criminal activity. In connection with authorized law enforcement investigations and pursuant to required legal process, navigational information may be used to assist in obtaining personally identifiable information.
Furthermore, to protect this web site as well as the associated computer system supporting the web site from unauthorized use and to ensure that the computer system is functioning properly, individuals accessing this web site and the associated computer system are subject to having all of their activities monitored and recorded by personnel authorized to do so by SafeTravels Hawaii. Anyone using this web site and the associated computer system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, SafeTravels Hawaii personnel may provide the results of such monitoring to appropriate officials. Unauthorized attempts to upload or change the content of the web site, or otherwise cause damage to this web site or the computer system are strictly prohibited and may be punishable under applicable law.
Notice That Web Site May Change Without Notice
This web site is provided as a public service. This web site is dynamic and will change over time WITHOUT NOTICE. Users of this web site are therefore fully responsible for checking the accuracy, completeness, currency and suitability of content found on the web site themselves.
In addition, SafeTravels Hawaii may suspend or discontinue some or all of this public service at any time, or it may elect to charge a fee for access to or use of this public service.
Disclaimer of Warranties
This web site is provided “AS IS” and without warranties of any kind. To the fullest extent of the law, SafeTravels Hawaii, including each agency, officer, or employee of SafeTravels Hawaii, disclaims all warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, with respect to this web site; this disclaimer of warranties includes but is not limited to disclaimers as regards the following: (1) that the functioning of this web site will be uninterrupted and error-free; (2) that any defects or other errors on this web site will be corrected; and (3) that this web site as well as the computer system are or will be free of viruses or other harmful components.
In addition, neither SafeTravels Hawaii nor any agency, officer, or employee of SafeTravels Hawaii makes any representations, guarantees, or warranties as to: (1) the accuracy, completeness, currency, or suitability of the information provided via this web site; (2) the use of or the results of the use of this web site; and (3) the accuracy, reliability, availability or completeness or usefulness of the content of web sites created and maintained by persons other than SafeTravels Hawaii and linked to or from this web site.
Limitation of Liability
Under no circumstances, including but not limited to, negligence, shall SafeTravels Hawaii nor any agency, officer, or employee of SafeTravels Hawaii be liable for any special, consequential and/or incidental damages that may result from the use of or the inability to access or use this web site, even if the SafeTravels Hawaii 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 SafeTravels Hawaii’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, to access this web site.
Duplication or use of any content from this web site for commercial purposes or in any manner likely to give the impression of official approval by SafeTravels Hawaiii is prohibited. The web site Copyright © 2020 SafeTravels Hawaii.
Links to External Web Sites and Pages
This web site may contain hypertext links to external sites and pages containing information created and maintained by public and private organizations other than the SafeTravels Hawaii. These hypertext links may be created by the SafeTravels Hawaii if it determines that establishing the external link will be consistent with assisting or furthering the purpose of this web site which is to significantly and diligently promote public service to citizens and businesses by:
- expanding business and citizen access to government services and government information;
- offering an easy and convenient process for businesses and citizens to conduct transactions with State government online;
- accelerating the development and delivery of an increased volume of quality, online government services;
- improving the level of customer service from State government; and
- extending electronic government services to citizens of cities and county government.
In addition, hypertext links may be created by the SafeTravels Hawaii for informational purposes, that is, where the linked external web site will provide useful and valuable information to visitors to this web site, or where the linked external web site is required or authorized by law.
SafeTravels Hawaii, in its sole discretion, will determine whether the external web site meets the purpose of this web site or for the specified informational purposes. The inclusion of a hypertext link to an external web site is not intended as an endorsement of any products or service offered or referenced on the linked web site, the organizations sponsoring such web site, or any views which might be expressed or referenced in the web site.
These hypertext links to external sites and pages may be removed or replaced in the sole discretion of the SafeTravels Hawaii, at any time without notice.
In the event you discover problems with or have concerns regarding the format, accuracy, timeliness or completeness of a linked external site, please contact the organization responsible for the linked external site – SafeTravels Hawaii does not control nor is it responsible for any linked external sites and pages.
Disclaimer of Endorsement
Any reference in this web site to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by SafeTravels Hawaii.
Pursuant to the Digital Millennium Copyright Act (1998), notifications of claimed infringement using SafeTravels Hawaii services should be filed with: Webmaster
3006 Pualei Circle
Honolulu, HI 96815
Phone: (808) 500-7238
This web site is provided as a public service using an associated computer system located within the State of Hawaiʻi. Any person choosing to access and use this web site is subject to the jurisdiction of the State of Hawaiʻi.
These terms shall be governed by and construed in accordance with the laws of the State of Hawaiʻi. Any dispute arising out of or relating to these terms, or access and use of this web site shall be decided under the laws of and in the state courts in the State of Hawaiʻi, and you hereby consent to and submit to the personal jurisdiction of such courts for the purpose of adjudicating such dispute.
If any provision in these terms shall be determined to be unlawful, void or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of the remaining provisions.
LICENSE AGREEMENT / TERMS AND CONDITIONS OF USE
Please read this license agreement carefully, as it governs your relationship with Saturday Drive, INC. It sets forth important legal obligations between you and SafeTravels Hawaii, and it defines the scope of what you can do if you have a disagreement with SafeTravels Hawaii. We stand by our products. Our text message service, along with our other products, has been designed, developed, and tested in order to meet the personal and business demands of our clients, and we expect that it will perform to our clients’ expectations in most environments. However, because every client’s needs are different, we cannot and do not guarantee that our service or our other products will work in every environment or be compatible with plug-ins, extensions, or themes not developed by us. If you find that our products do not suit your needs, or if you are unsatisfied with it or any of our software, this agreement sets forth the extent and nature of your and our obligations with respect to troubleshooting, support, and refunds. For most users, problems can be resolved in less than a day through our support service.
1.1. In this agreement SafeTravels Hawaii, may also be referred to as “we” or “us”.
1.2. “You” means you, along with your agents, employees, assigns, successors in interest,
beneficiaries, and heirs.
1.3. Ninja Forms, along with any other product developed by SafeTravels Hawaii, including but not
limited to any plugin, add-on, or extension, may also be referred to as the “Software”.
1.4. “GPL” means the GNU general public license (http://www.gnu.org/licenses/gpl-3.0.txt).
1.5. This agreement as a whole may be referred to as the “Agreement” or as the “Terms and
1.6. “Transfer” includes but is not limited to any instance in which a Software license is purchased
for an end-user who is not the purchaser and for whom the purchaser does not provide
1.7. “Subscription” means a license purchased from SafeTravels Hawaii, which includes a product
license key and access to upgrades and support for the Software to which it applies.
1.8. “Renewal Rate” means the purchase price for the product, ordinarily as indicated by
safetravelshawaii.com, on the date and time of renewal.
1.9. “Support” or “Support Services” means the actions of us through our staff, in communication
with you, to troubleshoot issues you may experience when using the Software during the term
of an active Subscription.
1.10. “Commercially Reasonable Efforts” means those efforts that a reasonable person would make
under the circumstances, limited to practices and steps that are commercially acceptable and
typical in the ordinary course of software development and support and further limited to
steps which require a time commitment which is reasonable and commercially acceptable and
typical in the ordinary course of software development and support..
1.11. “Dependency” means any software without which the Software cannot function and any
developer or controller of such software.
1.12. “Event of Force Majeure” means any event beyond our control which prevents us from
complying with our obligations under this Agreement, including but not limited to an act of
God such as a natural disaster; the threat, declaration, or consequence of war; a riot, strike, or
disorder (unless solely limited to our employees); or any act of terrorism.
By downloading, installing, or using the Software and by using this site you agree to be bound by this Agreement. If you disagree with any of these Terms and Conditions, do not use our Software.
3. GNU PUBLIC LICENSE
SafeTravels Hawaii message service and all other produts are licensed under the GPL. However, this Agreement includes additional permissions as defined in Section 7 of the GPL, and its Terms and Conditions also govern any Subscription purchased from SafeTravels Hawaii (as defined in section 3).
Terms herein that govern Subscriptions are in addition to and cumulative with the other terms in this Agreement. Subscriptions are valid for one year from the date of purchase. A valid and active license key is required for automatic upgrades and support for purchased extensions. At the end of each year, if you have not canceled your Subscription or opted out of automatic renewal, your Subscription will automatically renew, and you will be charged the purchase price at the time you purchased your Subscription or the Renewal Rate, whichever is higher, after applying any discounts for which you may be eligible. You may cancel automatic renewal by following the procedure at safetravelshawaii.com or by means as we may otherwise communicate to you. Cancellation automatically and immediately terminates your eligibility for any discounts or other benefits that may be associated with your Subscription.
You may not transfer your Subscription to another individual or organization without the express consent of SafeTravels Hawaii. Transfer of your Subscription automatically and immediately terminates your Subscription and your eligibility for any discounts or other benefits that may be associated with your Subscription.
5. SOFTWARE UPDATES
If you have a valid and active license key as a result of having purchased a Subscription, you will receive updates for the duration of your Subscription. Updates will be delivered automatically from the user dashboard if your license key is active under Settings -> Link. If you are unable to get automatic updates from your dashboard, updates can be downloaded from your account page while your license is active.
6. SUPPORT SERVICES
The scope of our support services is outlined here: https://safetravelshawaii.com/support
Support Services for purchased extensions are available via our contact form for all accounts for which there is a current and active Subscription. If you wish to receive Support after one year, you must renew your Subscription or purchase a new license key. Support is not available for accounts without an active Subscription. If a purchased extension is discontinued, SafeTravels Hawaii, may, at its sole discretion, offer a replacement or other extension at no or reduced cost to purchasers of the discontinued extension. However, we undertake no obligation whatsoever to extend support for discontinued extensions or to offer any replacement or refund in the event that an extension is discontinued.
Support requests are handled on a first-come, first-serve basis. We will undertake Commercially Reasonable Efforts to resolve issues in a timely, courteous, and professional manner. However, we make NO WARRANTY of any kind with respect to the Software or with respect to whether the use of Support Services may resolve any particular issue. Support Services purchased from us are sold “AS IS” and WITHOUT ANY WARRANTY. We hereby disclaim any and all warranty not expressly provided herein, included but not limited to the warranties of MERCHANTABILITY and of FITNESS FOR A PARTICULAR PURPOSE. You use our Support Services at your own risk. We are not responsible for any harm, including but not limited to data loss, that may occur as a result of using our Support Services, and our liability for harm resulting from your use of Support is expressly limited as provided herein.
All refunds are at the sole and exclusive discretion of SafeTravels Hawaii, and we reserve the right to refuse to offer a refund for any reason or for no reason, including in all instances in which a Subscription is terminated by us, whether for cause or not. Refunds will not be offered for Subscriptions, bundle purchases, or product upgrades. User and Developer Bundles are not eligible for refunds due to the nature of their extreme discounted rate. Please note that by purchasing plugins such as the Software, you agree to the terms of their respective refund policies. Further, please note that third-party extensions may include their own refund policies which may be different from ours, and you should consult the developer of any third-party extension for information.
8. ACCOUNT SUSPENSION
SafeTravels Hawaii reserves the right at any time to modify or discontinue, temporarily or permanently, a Subscription with or without notice and for any reason or no reason. If an account is suspended no refund will be granted.
We are not responsible for any plugin or theme compatibility conflicts that may occur. The Software is purchased “AS IS” and WITHOUT ANY WARRANTY. We hereby disclaim any and all warranty not expressly provided herein, included but not limited to the warranties of MERCHANTABILITY and of FITNESS FOR A PARTICULAR PURPOSE. You use the Software at your own risk. We are not responsible for any data loss that may occur as a result of installing the Software, and our liability for harm resulting from your use of the Software is expressly limited as provided herein.
10. PRICING, BILLING, & PRIVACY
We reserve the right to change pricing at any time for any or for no reason. We reserve the right to not honor typographical errors which may cause incorrect pricing on the website.
You warrant that information provided to us with respect to your identity and contact and billing information is correct and accurate, and you undertake a continuing duty to maintain accurate records with us. Failure to maintain accurate contact information may result in diminution of services including but not limited to Support Services and access to the Software, and we reserve the right to immediately terminate without refund your Subscription in the event of fraud or misrepresentation. We will absolutely never sell or share your personal information with third parties. All data we collect will be used for internal purposes only.
All discount and sale pricing excludes Lifetime Memberships and any product or plan not specified in the promotion described.
11. DISPUTE RESOLUTION
In the event of any dispute between you and SafeTravels Hawaii, you agree to binding arbitration prior to and in lieu of the commencement of any legal action by an arbitrator and by procedures agreed to by you and us or, if we cannot agree, by three arbitrators approved by the American Arbitration Association according to the procedures set forth thereby. You agree that in any dispute, the laws of the State of Tennessee shall apply, including application of its laws concerning conflicts of laws. In the event that any legal action should commence, you consent to the exclusive jurisdiction of the Circuit Court of Maui County, Hawaii, personally and otherwise, and you agree that Maui County, Hawaii, is an appropriate and convenient venue.
Further, you hereby expressly waive any right to proceed in any dispute resolution process, whether in arbitration or court or elsewhere, in any capacity other than individually; this means you give up any right to sue as a plaintiff or class member in any purported class or representative proceeding.
You further agree that in any dispute, if SafeTravels Hawaii, prevails we shall be entitled to recover from you the expenses of the dispute resolution, including the cost of arbitration, any court costs, and reasonable attorney’s fees.
You agree that in any dispute, your sole and entire remedy is a refund of your purchase. Our liability shall be limited to the amount of your purchase, and under no circumstances whatsoever shall SafeTravels Hawaii, or any of its staff or agents, be held liable for any amount, however designated or calculated, that exceeds the dollar value of your combined purchases from SafeTravels Hawaii.
12. INTELLECTUAL PROPERTY, ADDITIONAL PERMISSIONS
If you redistribute the Software in accordance with the GPL, you agree that you are required to preserve attribution within the Software to SafeTravels Hawaii, and its agents and staff, wherever apparent, and you are prohibited from misrepresenting the origin of the Software. You are further required to maintain any and all legal notices, included but not limited to trademark or copyright notices, that appear on the Software.
If you make material modifications to the Software, you are further required to mark your software in such a manner that a reasonable user of the modified software would appreciate that it is a modified version of the Software.
If you redistribute the Software, modified or otherwise, you agree to indemnify, defend, save, and hold harmless us and our agents and staff and to assume all liability for any harm resulting from the Software, any modification, and your conveyance.
You are prohibited from using the Software, SafeTravels Hawaii, or the names or likenesses of its agents or staff for any publicity purposes unless you obtain our express written permission.
All rights to our trademarks, trade names, service marks, and copyrighted materials are expressly reserved. These include but are not limited to “SafeTravels Hawaii” and its logo. You may not copy, distribute, or otherwise infringe upon our intellectual property without our express written permission.
13. SECTION TITLES, TERMS, CONTENTS
This Agreement consists of sixteen (16) numbered sections. Section titles are provided for convenience only and are not part of the Agreement. Further, the preamble preceding section 1. Definitions, is provided for convenience and is not part of the Agreement.
14. FORCE MAJEURE, END OF LIFE
In the event that the Software is discontinued; SafeTravels Hawaii, ceases to operate or to exist; or other Dependencies are discontinued or cease to operate or to exist, then you agree to waive any and all claims, rights and choices in action arising out of this Agreement or otherwise available to you at law, equity, or otherwise. You agree that we shall have no liability and no obligation to perform pursuant to this Agreement in the event of any Event of Force Majeure upon notice to you.
15. MUTUAL DRAFTING, ASSISTANCE OF COUNSEL
Both you and we have had ample time and opportunity to retain the advice of counsel and review this Agreement with our respective counsel. Prior to entering this Agreement, you and we have also had ample time and opportunity to communicate in order to negotiate and amend the terms of this Agreement to each of our benefits. You and we agree therefore that in any instance in which this Agreement may be construed by a tribunal, the Agreement shall not be construed against a party by virtue of that party’s authorship or whether that party chose to retain counsel.
16. ENTIRE AGREEMENT
The preceding Agreement governs the sale of our text messaging service, all products and all Software. It constitutes the entire agreement between you and us, superseding any prior, other, or different agreements or negotiations between you and us. The Terms and Conditions herein are continuing in nature and may be altered or amended by us at any time for any reason or for no reason and with or without notice. By placing an order with us you acknowledge that you have read and understood the terms and conditions of this agreement, including as they may be amended, and agree to be bound thereby.