Last updated February 27, 2017
By using our website and our services, you agree to be legally bound by the terms set forth here and included through reference. If you are using our website and our services on behalf of an entity, you must be authorized to accept these terms on their behalf and they must agree to indemnify you and Roberts Hawaii for any violations of the terms herein. You must agree to all terms to use our website and our services.
The terms apply to Robert’s Tours and Transportation, Inc. and/or its affiliates including but not limited to all of our tours, activities, products, facilities, transportation, services and websites. Additional terms and conditions may apply and in the event of a conflict, prevail over these terms.
Disclaimers and Limitation on Liability
The site’s content and services are provided “as is” and “as available”. We disclaim all warranties of any kind to the maximum extent permitted by applicable law, either express or implied, including and not limited to warranties or title or implied warranties of merchantability or fitness for a particular purpose, title and non-infringement as to the Sites and the information, content and materials contained therein.
Robert’s Tours and Transportation, and its affiliates, directors, employees, shareholders, suppliers, officers, and agents shall not be held liable for any damages of any kind including but not limited to any type of loss, injury or damage arising out of or in connection with the Sites including content contributed by other companies. This includes without limitation any damages arising from reliance by a user on any information obtained from Roberts Hawaii or that result from mistakes, inaccuracies, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, circumstances beyond our control, communications failure, theft, destruction or unauthorized access to our records, programs or services. You agree not to hold liable Robert’s Tours and Transportation, from and against any claims, causes of action, demands, recoveries, losses, direct, indirect, punitive or consequential damages, fines, penalties or other costs or expenses of any kind or nature.
These disclaimers and limitations do not affect your rights as a consumer. They are not intended to disclaim liability that cannot be legally excluded under our country of governance.
Modifications to the Site’s Content and Services
Do not assume that the Site’s Content and Services are always up to date.
If you access our Sites and services through a mobile network, your network or roaming provider’s messaging, data, and other rates or fees will apply.
Copyright and Limited License
Unless expressly indicated, the Site and all content within, including the Roberts Hawaii Shore Excursions logo, the Roberts Hawaii logo, all designs, text, graphics, pictures, information, data, software, sound files, other files and the layout thereof (collectively “Site Content”), are the proprietary property of Robert’s Tours and Transportation, Inc and protected under U.S. and international copyright laws.
You are granted a limited, non sublicensable license to access and use Site Content for personal, informational and shopping purposes only. This license does not allow (a) resale or commercial use; (b) unauthorized distribution (c) modification or otherwise making derivative uses of Site Content (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than web browser caching) of Site Content, except where expressly permitted; (f) use of the Sites and Site Content for anything other than its intended purpose. Any use of the Sites and Site Content other than specifically authorized with prior written permission. Such unauthorized use may also violate applicable laws. Unless explicitly stated, none of these terms shall be construed as conflicting with any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
“Roberts Hawaii” and the Roberts Hawaii logo are registered trademarks of Robert’s Tours and Transportation, Inc. All other Robert’s Tours and Transportation, Inc trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the sites are the property of Robert’s Tours and Transportation, Inc. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Robert’s Tours and Transportation, Inc, Robert’s Hawaii, Inc, or any third party without express permission from the owner.
All rights not expressly granted are reserved.
Your Usage, Content, and Account
Third Party Content
We may provide third party content on the sites and hyperlinks to web pages and content of third parties (collectively, “Third Party Content”) for your convenience. This inclusion does not imply affiliation, endorsement, or adoption by us of any site or information. We have no control over Third Party Content and can make no guarantees to its accuracy. You use such content at your own risk. If you navigate away from our Sites to a third party site, you are subject to the terms and conditions of use on that site.
Credit Card Security
In the highly unlikely event of unauthorized credit card use, follow your credit card company’s reporting procedures. It is very important to promptly notify your credit card issuer immediately to minimize your liability for the unauthorized use of these cards under the Electronic Fund Transfer Act. Transactions on the Roberts Hawaii Shore Excursions pages are provided through Lightframe, an online booking tool developed by FareHarbor, designed to provide an intuitive, secure booking process.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to us at [email protected] We will respond to claims of copyright infringement that are reported to the address above, in accordance to the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws.
Choice of Forum
You agree that any legal action relating to these terms or to Roberts Hawaii shall be filed only in the state or federal courts located in the State of Hawaii, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. Any disputes or claim must be presented within 30 days of service unless a longer period is mandated by law.
Choice of Law
These terms are governed by and construed in accordance with the laws, rules and regulations of the United States, the State of Hawaii, the City & County of Honolulu, the County of Hawaii, the County of Kauai, and the County of Maui. This includes but is not limited to the Western Motor Tariff Bureau, Hawaii Public Utilities Commission and the Department of Transportation of the State of Hawaii.
Roberts Hawaii reserves the right, without notice and at its sole discretion to termination your license to use this site and block or prevent your future access to, and use of, the site.
If any provision of these terms is deemed void for any reason enforceable, that provision shall be severable from the rest of the terms and not affect the validity or enforceability of any remaining provisions.