ActiviStop Terms of Use:

Effective 05/15/2007

AGREEMENT BETWEEN CUSTOMER AND KMZ INC DBA ACTIVISTOP:

Welcome to the ActiviStop website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and "ActiviStop" refer to KMZ Inc dba ActiviStop, a Hawaii corporation and/or our subsidiaries. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

This Website is offered to you on the condition of your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

USE OF THE WEBSITE:

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act and (v) all information supplied by you on this Website is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

PRIVACY:

Your privacy is important to ActiviStop. Please review our Privacy Policy, which also governs your use of the ActiviStop website, to understand our practices:

ActiviStop Privacy Policy

ELECTRONIC COMMUNICATIONS:

When you visit the ActiviStop website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT:

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ActiviStop, its vendors or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ActiviStop and protected by U.S. and international copyright laws. All software used on this site is the property of ActiviStop or its software suppliers and protected by United States and international copyright laws.

While ActiviStop may allow you to reproduce your travel itinerary (and related documents) for travel services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.

TRADEMARKS:

KMZ INC, ACTIVISTOP, ACTIVISTOP.COM, ACTIVISTOP HAWAII, ACTIVISTOPHAWAII.COM, ACTIVISTOP HAWAII TRAVEL CENTER, and other ActiviStop graphics, logos, page headers, button icons, scripts, and service names are trademarks of KMZ Inc dba ActiviStop or its affiliates in the U.S. and/or other countries. ActiviStops trademarks and trade dress may not be used in connection with any product or service that is not ActiviStop’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ActiviStop. All other trademarks not owned by ActiviStop or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ActiviStop or its affiliates.

If you are aware of an infringement of our Trademarks, please let us know by e-mailing us at admin@activistop.com with the subject heading Trademark Infringement. We only address messages concerning brand infringement at this email address.

LIABILITY AND WARRANTY DISCLAIMER:

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, ACTIVISTOP, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "ACTIVISTOP") AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, "ACTIVISTOP AFFILIATES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, ACTIVISTOP EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION; WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

ACTIVITY REVIEWS, SUGGESTED SIGHTS AND ACTIVITIES ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND ACTIVISTOP AND THE ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE REVIEWS AND SUGGESTIONS. ACTIVISTOP, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. ACTIVISTOP, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

ACTIVISTOP, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY ACTIVISTOP AND ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ACTIVISTOP, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE ACTIVISTOP, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACTIVISTOP, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE ACTIVITY VENDORS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE WEBSITE (COLLECTIVELY, "TRAVEL SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ACTIVISTOP AND ITS AFFILIATES. TO THE EXTENT PERMITTED BY LAW, ACTIVISTOP AND ITS AFFILIATES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SUPPLIER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

IN NO EVENT SHALL ACTIVISTOP, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE EXPEDIA COMPANIES, THE EXPEDIA AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, ActiviStop, its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then ActiviStop, its affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of ActiviStop, its affiliates, and/or their respective suppliers.

INDEMNIFICATION:

You agree to defend and indemnify KMZ Inc dba ActiviStop, ActiviStop affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.

LINKS TO THIRD-PARTY SITES:

This Website may contain hyperlinks to websites operated by parties other than ActiviStop. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT:

Visitors may post reviews, comments, and other content; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ActiviStop reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant ActiviStop and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ActiviStop and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ActiviStop or its affiliates for all claims resulting from content you supply. ActiviStop has the right but not the obligation to monitor and edit or remove any activity or content. ActiviStop takes no responsibility and assumes no liability for any content posted by you or any third party.

REFUND POLICY:

ActiviStop understands that plans can change and value your business. You may cancel your order for a full refund up to 48 hours prior to the scheduled activity. There shall be no refunds for cancellations made less than 48 hours before scheduled activity. If for any reason, a vendor cancels a tour or activity, you will have a choice to reschedule purchased activity or receive a full refund through the vendor.

GENERAL:

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Hawaii, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Honolulu, Hawaii, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and KMZ Inc as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and ActiviStop with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and ActiviStop with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

ACTIVITY SALES LICENSE:

KMZ Inc is a licensed activity desk in the states below:

Hawaii license number: AD-857

CUSTOMER SERVICE:

If you have questions or have need of assistance please contact us by using the contact information below:

Address: KMZ Inc dba ActiviStop.
PO BOX 283269
Honolulu, HI 96828

Email: help@activistop.com

Revised May 15, 2007
©2007 KMZ Inc dba ActiviStop. All rights reserved.