PLEASE READ THE FOLLOWING HOMERESORT.COM WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE HOMERESORT.COM SITE (“OUR SITE”) AND USING THE SERVICES AVAILABLE THROUGH OUR SITE, YOU HEREBY UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND ANY TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THESE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
These Terms and Conditions Form a Legally Binding Agreement
These terms and conditions create a legally binding agreement between you, whether a website user, prospective customer or customer, and us and Home Resort.
Site Terms vs. and Terms of Sale
Our Site provides information concerning the products and services that we offer as well as the opportunity to obtain additional information concerning our products and services and to purchase them. This information is in addition to the terms and conditions of your purchase of any product or service from us. To the extent the terms and conditions of this website are inconsistent with the terms of your purchase, the terms of your purchase will control.
Modification of Terms and Conditions of Use
We may at any time and without prior notice, at its sole discretion, revise these website terms and conditions or impose new terms and conditions. Any such revisions or additions shall be effective immediately upon notice, which may be given in any manner including by posting revised terms and conditions on our Site. You are responsible for reviewing our Site periodically for any modification to these terms and conditions. By accessing or using our Site following the posting or notice of our revised terms conditions shall constitute your acceptance of the revised terms and conditions.
Unauthorized Use and Compliance with Laws
You must be at least 18 years of age to use the ecommerce features of our Site.
Your use of our Site, and any purchase of product or service from our Site, must be lawful, in full compliance with all applicable laws, statutes, ordinances and regulations.
You are prohibited from using our Site to: (1) gain unauthorized access to private portions of the Site, other accounts, computer systems, or networks, through password mining or any other means; (2) collect information about others, including e-mail addresses, without their consent; (3) create a false identity or forged telephone, or otherwise attempt to mislead others as to identity of the sender or the origin of the message; (4) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity; (5) post or transmit content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy rights, abusive, illegal, or otherwise objectionable; (6) post or transmit content containing viruses or other contaminating or destructive features; (7) engage in conduct that otherwise violates the rights of any party or otherwise gives rise to liability or violates any law; or (8) engage in any other activity that we reasonably believes could subject us or you to criminal liability or civil penalty or judgment.
We reserve the right to immediately terminate your right to use of our Site in the event you engage in any of the prohibited practices, or use our site in any manner that we reasonable deem to be unlawful or harmful to us or others.
Site Content and Content Ownership
The contents of our Site, including text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Site Content.” The Site Content may contain errors, omissions, or may be out of date. We may change, delete, or update any Site Content at any time and without prior notice. The Site Content is provided for informational purposes only and is not binding on us. Unless otherwise noted, all Site Content is protected by copyright owned by us or by third parties that have licensed their use of the content to us. Home Resort® is a service mark and must not be used by your or others for any purpose, and may not be used by you or others for any purpose. You may view and use the Site Content only for your personal information and for shopping and ordering from our Site, and for no other purpose. You agree to retain intact all copyright and other proprietary markings or notices. Except as otherwise provided herein, you may not use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Site Content on or transmitted through our Site, including without limitation by transferring, downloading or otherwise copying any Site Content onto any storage medium. Any use of the Site Content, except as specifically permitted in these terms and condition or expressly otherwise by us, is strictly prohibited.
Our Site may contain links to Internet sites operated by third parties. Such links do not constitute sponsorship, endorsement, or approval by is of the content, policies, or practices of such linked sites. We have no control over third party linked sites and so we cannot be responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices of linked sites. Links to other sites are provided for your convenience only, and access to them is at your own risk.
Product Pricing, Orders and Delivery
Prices on our Site are quoted in U.S. dollars. We reserve the right to restrict delivery to addresses within the United States and Canada. We will add shipping and handling fees and applicable sales or use taxes as may be required by law. We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on our Site without incurring any obligation to you. Products displayed are available while supplies last. Descriptions of, or references to, products or services do not imply endorsement of that product or service, or constitute a warranty, by us. We may require verification of the information you have provided when ordering and, consequently, confirmation of your order may not in all cases indicate acceptance of the order by us. We reserve the right to accept or decline your order, or any portion thereof, even after you have received an order confirmation from us. We also reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at that incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged and your order is canceled, we will promptly issue a credit to your credit card account. YOUR ONLY REMEDY FOR INCORRECT OR CANCELED ORDERS IS A REFUND OF YOUR PURCHASE PRICE IN FULL.
Disclaimer of Warranties and Limitation of Liability for the Use of Our Site
WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO OUR SITE OR OUR SITE CONTENTS, OR ANY LINKED SITE OR LINKED SITES CONTENT, INCLUDING THE AVAILABILITY OF THE SITES OR SITE CONTENTS, THE INFORMATION AND MATERIALS ON THE SITE OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF OUR SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO US YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF OUR SITE CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF YOUR USE OF OUR SITE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR SUPPLIERS, OR OUR OR THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BE LIABLE TO YOU AS A RESULT OF YOUR USE OF OUR SITE IN AN AMOUNT THAT EXCEEDS THE AMOUNT YOU PAID FOR PRODUCTS AND SERVICES PURCHASED ON OR THROUGH OUR SITE.
Disclaimer of Warranties and Limitation of Liability for Products and Services
We want our customers to be completely satisfied with all purchases made from our Site. If for any reason you are not entirely pleased with a product or service purchased from our Site, simply return the item within 30 days of purchase for exchange or refund in full. Refunds will be issued using the same method as used for the purchase. Returns, replacements, service, and support more than 30 days following the date of purchase must be handled directly between you and the manufacturer. Many products available from our Site are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties vary from product to product.
ALL PRODUCTS AND SERVICES SOLD FROM OUR SITE ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS., EXCEPT AS EXPRESSLY STATED HEREIN, WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD FROM OUR SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions may not allow the exclusion of implied warranties. If you reside in these jurisdictions, some of the above exclusions may not apply to you.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUPPLIERS OR OUR OR THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH OUR SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED AMOUNTS YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF A CLAIM BY YOU.
You agree to defend, indemnify, and hold us, our affiliates and related entities if any, and our and their respective directors, officers, members, employees, and agents harmless from and against any and all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these terms and conditions or your access to or use of the our Site or any linked site. The foregoing indemnification obligation shall survive the termination of your use of our Site.
Use Outside the United States
We make no representation that our Site is appropriate or available for use outside the United States. If you access this site from a country other than the United States, you do so on your own initiative and are responsible for ensuring compliance with the laws of your country including, without limitation, your county’s privacy laws.
Choice of Law and Disputes
Your use of our Site and these terms and conditions shall be interpreted, construed and governed in accordance with the laws of the State of Hawaii and the United States of America, without reference to laws relating to conflicts of law and specifically excluding the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. All disputes arising concerning your use of our Site or these terms and conditions shall be settled exclusively by commercial arbitration before a single arbitrator held in Honolulu, Hawaii in accordance with the rules and procedures of Dispute Prevention and Resolution, Inc. By using our Site, you irrevocably and unconditionally waive any right you may have to a trial by jury, or to participate as a party in a class action proceeding concerning our Site or its use, and you irrevocably and unconditionally agree to the jurisdiction of courts located in Honolulu, Hawaii for purposes of the settlement of disputes.
No action by us, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these terms and conditions. If any of these terms and conditions is found to be unenforceable or invalid, such invalidity shall not, to the greatest extent possible, affect any other term or condition and all remaining terms and conditions and will remain in full force and effect.
Questions, Comments and Suggestions
If you have questions, comments, concerns or suggestions about our Site or these term and conditions, please contact us.