Terms & Privacy
Bigislandguide.com Web Site Terms and Conditions
The following terms and conditions (the “Terms and Conditions”) govern your use of the Bigislandguide.com web site provided to you by H20 North, Inc. and any content, features or functionality made available from or through this web site, including any subdomains or applications (the “Web Site”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. By using the web site, you accept and agree to these terms and conditions as applied to your use of the web site. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, use of the Web Site is only for your personal, non-commercial use.
Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from H20 North, Inc. or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Web Site, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Prohibited User Conduct
You warrant and agree that, while using the Web Site and the various services, features and functionality offered on or through the Web Site, you shall not: (i) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (ii) use the Web Site or the services made available on or through the Web Site in any manner that could interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iii) use the Web Site or the Web Site’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (iv) use the Web Site or the Web Site’s services in violation of any applicable law. You further agree that you shall not attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could interfere with any other party’s use and enjoyment of the Web Site or any of its services.
All content included as part of the Web Site, is the property of H20 North, Inc. or its suppliers and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant you ownership of any content, code, data or materials you may access on or through the Web Site.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are our registered and unregistered Trademarks and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.
We respect the intellectual property rights of others and require that the people who submit content to us or use the Web Site, or the services or features made available on or through the Web Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to us:
– Your address, telephone number, and email address;
– A description of the copyrighted work that you claim has been infringed;
– A description of where the alleged infringing material is located;
– A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Links to Third Party Web Sites
The Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the content or standards of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you as a convenience, and the inclusion of any link does not imply our endorsement, sponsorship, or recommendation of the Linked Site or any association with its operators. Any use of or reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such use or reliance.
DISCLAIMER OF WARRANTIES
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
You agree to defend, indemnify and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of or inability to use the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. We may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any claim related to use of the Web Site shall be governed by the laws of Hawaii. All parties to these terms and conditions waive their respective rights to a trial by jury.
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Hawaii, United States of America. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and H20 North, Inc. as a result of this agreement or use of the Web Site. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and H20 North, Inc. with respect to the BigIslandGuide.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and H20 North, Inc. with respect to the Web Site.
Effective date: Jan 1, 2018.
What Information We Collect and Why We Collect It
Personally Identifiable Information (“PII”)
Depending on how you interact with our website, we may need to collect “personally identifiable information” (“PII”). This PII can include information such as your name, your contact information, your shipping information, and your billing information (such as credit card account data). We will not collect your PII unless you give us express or implied consent to do so in the first place. We may also collect “non-personally identifiable information” (“Non-PII”), which is information that cannot be directly associated with you.
We collect PII when you provide it to us through your use of bigislandguide.com (e.g. when you create an account, purchase a product, submit a form, sign up for our email newsletter, etc.) or when you call in an order to our customer service team and give any personally identifiable information over the phone to an employee or contractor of bigislandguide.com.
In addition, we may combine the PII and Non-PII we collect from you with additional information provided by third-parties (such as signing up for or linking a Google or Facebook account). While we would never consciously collect or obtain data about our customers in an unethical manner, we will not be held responsible if we inadvertently obtain data from a third-party source that was collected in an unethical manner. However, if we learn that any third-party PII was collected unethically, we will cease using such data and will take steps to prevent our collecting that PII again. Please contact a bigislandguide.com customer service representative if you think your PII was provided to or collected from a third-party in an unethical manner. If you decide you would like us to stop collecting your PII, simply contact a bigislandguide.com customer service representative or click here: Contact Us.
Pursuant to the California Online Privacy and Protection Act (CalOPPA), we are giving you notice that our website is not configured to respond to customer Do Not Track (DNT) requests submitted through web browsers. However, you can still submit DNT requests to opt out of tracking done by web applications, analytics tools, advertising networks and social platforms. You can learn more about submitting such DNT requests within your web browser here: https://termsfeed.com/do-not-track.
Non-Personally Identifiable Information (“Non-PII”)
As we mentioned above, Non-PII is information that cannot be directly associated with you. We automatically collect certain Non-PII when you use bigislandguide.com services. For example, we collect information about the devices you use to connect to our services (such as the IP address of your computer or numeric identifier of your mobile device) and about how you use bigislandguide.com services (such as what time of day you visit our website). Our advertisers and ad servicers may also collect Non-PII outside bigislandguide.com services to measure the success of our digital advertising campaigns. We use the Non-PII that we collect for a variety of purposes such as to provide and improve bigislandguide.com services, and to analyze and improve our advertising to provide the most relevant messages to our current and potential customers.
Why Do We Collect Your PII and Non-PII?
The PII we collect is used to provide, analyze, and improve our services (e.g. process orders, respond to customer service requests, make changes to services, etc.) and to conduct marketing across print and digital mediums. If you willingly subscribe (“opt in”) to our email list, we will send you periodic emails about a variety of topics including, but not limited to: events, products, specials, blog content, company updates, etc.
We share email activity data with our marketing email provider (MailChimp) to help them better target our marketing emails to our customers. While our marketing email provider has access to email addresses and email activity and may share bulk/non-specific activity data (e.g. Non-PII), no email addresses, specific email actions, or other PII are ever shared with other third parties. Should a consumer wish to “opt out” of this sharing, that consumer simply needs to opt out of marketing email from us and will be promptly removed from all email lists. There is an Unsubscribe link in the bottom of each email we send out or you may contact a bigislandguide.com customer service representative.
Note: bigislandguide.com endeavors to abide by the principles of the U.S.-EU Privacy Shield framework. More information on the protections this affords you and your PII can be found here: www.privacyshield.gov/welcome
Analytics, Advertising, and Digital Tools
Our website also uses third-party analytics tools such as Google Analytics. Please click here for more information about how data is collected and processed in connection with our Google Analytics service: www.google.com/policies/privacy/partners/.
Bigislandguide.com and our third-party vendors or partners use analytics data for a variety of purposes such as to improve the design and content of our websites, to help us learn things like what pages are most attractive to all of our visitors and what promotions visitors like to see, and to gauge the success of our advertising campaigns.
In addition to Google Analytics, we use a number of data collection and advertising platforms and services that help us make informed decisions about our website’s layouts, content, offerings, and advertising.
How We Share Information
We do not disclose your PII to third parties, except as follows.
● To companies that provide services to us or perform functions on our behalf (such as processing credit card payments or taking orders) and have agreed to use your information only for the purposes we request;
● For us to send offers to our customers on behalf of our affiliated companies and on behalf of other non-affiliated partners;
● When we believe disclosure is necessary to comply with applicable law, legal process, and/or governmental authorities;
● If we are involved in a merger, acquisition, bankruptcy, partial or total sale of assets, or other corporate change.
Note: bigislandguide.com seeks to work with third parties that abide by the principles of the U.S.-EU Privacy Shield framework. More information on the protections this affords you and your PII can be found here: www.privacyshield.gov/welcome
With your PII and Non-PII, you have the option to change, correct, or delete your information as well as the choice of not hearing from us again. There are several ways you can control our use of your PII and Non-PII in connection with marketing and promotions.
To remove your name from our customer lists.
You can choose to decline communications from us at the point we request your PII. Or, after we have collected your PII, you can choose to stop our communications, or stop us from sharing your information with other companies for their marketing purposes. To exercise any of these options, please either refer to the “opt out” information provided above or contact a bigislandguide.com customer service representative using the contact information below.
To stop email communications.
If you receive email communications from us and want to opt out of receiving such communications in the future, you can click the “Unsubscribe” link at the bottom of the promotional email.
Social media and the information you post.
Correcting or Updating Your Information
If you would like to request changes to the PII that you have previously provided to us, you may either do so through your customer account settings, email preferences, or by contacting a bigislandguide.com customer service representative using the contact information below.
Most browsers accept cookies automatically. You may be able to set your browser to reject and/or delete cookies. For instructions, check your browser’s technical information. However, bear in mind if you reject or delete cookies then this may disable or interfere with features of bigislandguide.com services offered through bigislandguide.com or other websites you visit. We recommend that you leave cookies “turned on” so we can offer you a better experience on our sites.
We may work with third-party advertising companies that collect and use information about your online activities across sites over time in order to deliver more relevant advertising when you are using bigislandguide.com services and elsewhere on the Internet. This practice is known as interest-based advertising.
You may visit http://optout.networkadvertising.org/#/ or http://optout.aboutads.info/#/ to learn more and to opt out of this type of advertising by companies participating in the Digital Advertising Alliance self-regulatory program. We do not operate or control these sites, and are not responsible for the opt out choices available there. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. If you delete, block or otherwise restrict cookies or use a different computer or Internet browser, you may need to renew your opt out choice.
Mobile Site Access and Location Based Services
When you access our website or services using your mobile device, we may receive certain information related to your location and your mobile device. This information allows us to provide you with location based services, better search results, and other personalized content. You can always opt out of or modify your mobile device’s location services in the settings menu. If you are unsure about how to change or disable your device’s location services, please contact your mobile service carrier or device manufacturer.
Minors Under 13
The online experience, services, and products offered through bigislandguide.com are not intended for the use of individuals under the age of 13, and we do not knowingly collect information online from individuals under the age of 13.
Minors Over 13
Minors between the ages of 13 and 18 need parental consent to make authorized, legal purchase from bigislandguide.com or use any of our services. We are not liable if this privilege is abused and we request that parents monitor their children when accessing our website, products, and services.
Links to Third Parties and Social Media
Our website may contain links to third parties online. Such third parties have their own policies that govern their collection, use, and disclosure of information. We suggest that you read their privacy policies to learn about their practices.
Social media provides tools that many of our customers use and enjoy, and we include links to various social media platforms on our websites. If you interact with these social media tools through our websites, your experience on those social media sites will be governed by the privacy and other policies of those sites. So, the privacy settings you have chosen on those sites will determine the degree to which your information is made public. We encourage you to review each social media site’s privacy policies prior to using their services and to adjust your privacy settings on each site according to your individual wishes.
For example, here are links to the privacy policies of some of the companies that bigislandguide.com works with frequently (and provides links to on our website):
Keeping Your PII Safe
However, when you do communicate with our customer service representatives via email or social media, these communications may not be encrypted or otherwise protected. For that reason, we ask that you do not include or share sensitive information via these communication channels.
H20 North, Inc.