LEGAL INFORMATION

DISCLAIMER & LIMITATION OF LIABILITY

THE SERVICE AND CONTENT FROM OR THROUGH THIS SITE ARE PROVIDED "AS-IS" AND KAUAI SEA TOURS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KAUAI SEA TOURS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE, INCLUDING ANY LINKS TO OTHER INTERNET SITES, IS ACCURATE, COMPLETE OR CURRENT, AND KAUAI SEA TOURS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.

In no event shall Kauai Sea Tours be liable for any compensatory, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever arising out of or in connection with the use of this site, including liability for any damages caused by viruses contained within the electronic files or at the site, loss of data, income or profit, or loss of or damage to property or claims of third parties.

You agree to indemnify, defend and hold Kauai Sea Tours and its directors, officers, employees, affiliates, licensors, content and service providers, distributors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to your violation of these terms or use of the Web site.

COPYRIGHT

All Web site design, text, graphics, as well as the selection and arrangement thereof, Copyright © 2000 Kauai Sea Tours ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this Web site solely for the purpose of placing an order with Kauai Sea Tours. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Unless prior written permission is obtained from Kauai Sea Tours, any other use of materials on this Web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, is strictly prohibited. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

TRADEMARKS

Kauai Sea Tours, the Kauai Sea Tours logo design, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Kauai Sea Tours; is a registered trademark of Kauai Sea Tours, Inc. in the United States and other countries. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. Kauai Sea Tours prohibits the use of the Kauai Sea Tours logo as a "hot" link to any Kauai Sea Tours Web site unless the establishment of such a link is approved by Kauai Sea Tours.

LICENSE DISCLAIMER

Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trademark or copyright of Kauai Sea Tours or any third party.

CHOICE OF LAW & JURISDICTION

Kauai Sea Tours controls this Web site (excluding linked sites) from the island of Kauai, the State of Hawaii, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Hawaii, by accessing this Web site both the User and Kauai Sea Tours agree that the statutes and laws of the State of Hawaii, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Web site. User and Kauai Sea Tours also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of the Fifth Circuit of Hawaii and the United States District Court for the District of Hawaii with respect to such matters. Kauai Sea Tours makes no representation that materials on the Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. All information available on the Web site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

TRANSMISSION OF PERSONAL DATA/USER COMMUNICATIONS

Except as required by law, Kauai Sea Tours will maintain the confidentiality of all personal information transmitted to Kauai Sea Tours by the User. Any feedback you provide at this Web site shall be deemed to be non-confidential and Kauai Sea Tours will have no obligation to protect such information and may use such information on an unrestricted basis.