Last Revised April 23, 2016
This is a legal agreement between you and Infusing Markets LLC and hereinafter referred to as “Infusing Markets.” You have access to http://vacationhawaiianislands.com and Infusing Markets services only under the policies, terms and conditions below. For convenience, we will refer to the Vacation Hawaiian Islands website, phone services and any content therein provided by Infusing Markets as the “Site.”
The policies, terms and conditions below limit Infusing Markets’ liability and obligations to you and allow Infusing Markets to change, suspend or terminate your access to and use of the Site and Infusing Markets services. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site.
YOU UNDERSTAND THAT BY USING THE SITE AND INFUSING MARKETS SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND INFUSING MARKETS SERVICES IS SUBJECT TO THE TERMS OF THIS AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND INFUSING MARKETS SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR INFUSING MARKETS SERVICES.
- Eligibility to use the Site and Infusing Markets Services is limited.
The Site and Infusing Markets Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law.
You shall not use the Site if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (b) is prohibited from entering into trade relations with the United States or the United Kingdom or its citizens. Such countries include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia
- You use Infusing Markets services, and consult with Infusing Markets agents, at your own risk.
(a) Infusing Markets recommends that you do not disclose personal contact information to its agents. If you do, you do so at your own risk.
(b) Infusing Markets does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by its agents, and nothing shall be considered as a referral, endorsement, recommendation or guarantee. You must use your judgment to determine whether to initiate, receive and/or discontinue use of Infusing Markets services. If you initiate, receive and/or discontinue use of Infusing Markets services, you do so entirely at your own risk, and Infusing Markets bears no responsibility in this regard. Infusing Markets does not monitor telephone conversations.
(c) If you suffer any harm arising out of or connected with the Site or Infusing Markets services, you hereby waive all claims against and release Infusing Markets and its agents from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site or Infusing Markets services or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations waive their rights under analogous laws, statutes or regulations.
- Infusing Markets may modify this Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(a) Infusing Markets reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective fifteen (15) days after they are initially posted on the Site. Changes to the Payment Policy are effective immediately. If any modification is not acceptable to you, your only recourse is to cease using the Site and Infusing Markets services. By continuing to use the Site or Infusing Markets services following any posting of a new Agreement or policies on the Site, you accept and agree to be bound by the new Agreement or policies.
(b) Without limiting other remedies, Infusing Markets may at any time suspend or terminate your use of the Site and refuse to provide access to the Site without reason or notice to you. In addition, Infusing Markets may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Infusing Markets suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by Infusing Markets; (ii) if Infusing Markets is unable to verify or authenticate any billing or payment information you provide to Infusing Markets; or (iii) if Infusing Markets suspects that your actions may be illegal or cause liability, harm or disruption for you, Infusing Markets or the Site. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to Infusing Markets.
- The Site is only a venue for Infusing Markets Services.
Infusing Markets acts only as an interface to facilitate communications initiated between you and its agents. You are not an employee, agent or contractor of Infusing Markets, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Infusing Markets services.
- You are solely responsible for all use made of the Site and Infusing Markets services and agree to pay for all of Infusing Markets Services purchased using your account information.
(a) The rates for Infusing Markets Services means any services through the Site initiated using your account information. You hereby authorize Infusing Markets to collect fees for Infusing Markets services by debiting your account immediately upon conclusion of each service, regardless of quality or completeness. Fees for services are calculated based on the requested service. You authorize Infusing Markets, directly or through third parties, to make any inquiries we consider necessary to validate your account. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.
(b) You agree that Infusing Markets is not responsible for any loss that you may incur as a result of any unauthorized person using your account. You agree that Infusing Markets may use information provided by you.
(c) Based on use and other factors identified by Infusing Markets in its sole discretion, Infusing Markets may require verification of your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide Infusing Markets with additional information that may be requested, you consent Infusing Markets disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information, and you authorize Infusing Markets to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.
- In using or accessing the Site or Infusing Markets services, you agree to comply with the following:
(a) You (as a client receiving Infusing Markets Services) will not record or otherwise store any live voice services that you receive through the Site.
(b) You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of Infusing Markets, and you will cooperate fully with Infusing Markets to investigate any suspected unlawful, fraudulent or improper activity.
(c) Infusing Markets will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
(d) You will not attempt to gain unauthorized access to any account information, computer systems or networks associated with the Site.
(e) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
(f) You will not “frame,” “mirror” or otherwise copy any portion of the Site without Infusing Markets express written authorization.
(g) You will continue to provide true, accurate and complete payment information. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
(h) Infusing Markets will not use the Site to solicit clients, to promote any product or services other than the information services which are provided through the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help callers “get rich quickly,” or “make money surfing the Web”).
(i) Infusing Markets will adhere to all applicable laws and regulations governing its actions in connection with the Site and (as a vendor providing Infusing Markets Services) is responsible for meeting the requirements of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U.S.C. 2257 and related regulations.
- Infusing Markets disclaims any warranties or representations regarding the Site and Infusing Markets services.
THE SITE AND ANY OF INFUSING MARKETS SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. INFUSING MARKETS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INFUSING MARKETS SERVICES AND ALL COMMUNICATIONS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Infusing Markets makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
- Infusing Markets liability for your access to and use of the Site and Infusing Markets services is limited and you are responsible for your use of the Site.
UNDER NO CIRCUMSTANCES WILL INFUSING MARKETS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR INFUSING MARKETS SERVICES, WHETHER OR NOT INFUSING MARKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY INFUSING MARKETS, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF INFUSING MARKETS SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED.
- Links to Other Websites.
The Site may provide links to websites other than Infusing Markets.
Any notice or other communication to be given hereunder will be in writing and given (a) by Infusing Markets via facsimile, receipt confirmed, United States mail or email (in each case to the number or address that you provide), and (b) by you via email to email@example.com. The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or email, and five (5) days after receipt by the U.S. Postal Service in the case of United States mail.
- No Assignment.
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Infusing Markets. Any such purported assignment or delegation by you without the appropriate prior written consent of Infusing Markets will be null and void and of no force or effect, unless otherwise expressly consented to by Infusing Markets at its sole and absolute discretion. Infusing Markets may assign this Agreement or any rights hereunder without your consent.
- Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, Infusing Markets, the client or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
- You consent to the use of electronic means to complete this Agreement, to use the Site and Infusing Markets services and to provide you with any notices given pursuant to this Agreement
You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Infusing Markets failure to act with respect to a breach by you or others does not waive Infusing Markets right to act with respect to subsequent or similar breaches. The failure of Infusing Markets to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Missouri. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Agreement. You agree that this Agreement and the rules and restrictions and policies contained herein, and Infusing Markets enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Infusing Markets. This Agreement together with the rules and policies of Infusing Markets constitutes the entire agreement between Infusing Markets and you with respect to the subject matter hereof.