Terms of Use

Privacy:

Registration data and other information that you may submit or provide to us through this Website is subject to our Privacy Policy. By accessing and using this Website, you hereby agree to the terms of our Privacy Policy.

Equipment:

You shall be responsible for obtaining and maintaining all telephone, computer hardware, internet, and other equipment and/or services needed for access to and use of the Website and all charges related thereto.

Third-Party Content and Links to Third-Party Websites:

This Website may permit you to link to other websites or applications that may or may not be affiliated with the Website or with OE. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Website may send cookies to users that we do not control. These third-party linked websites or applications, including those of our third-party content providers, advertisers, merchants, business partners, sponsors and/or licensors (collectively, “Providers”), may have different terms of use that are not the same as these Terms. Your access to and use of such linked third-party websites and applications, and any correspondence or transactions that you may enter thereon, are not governed by these Terms, but instead, are governed by the terms of use and policies of those websites and applications. We provide links to third-party websites and applications for your convenience and information only, and you use them at your own risk. OE is not a publisher of content supplied by third-parties and users of the Website. Accordingly, OE has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of OE. In many instances, the content available through the Website represents the opinions and judgments of the respective information provider or user. OE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the site by anyone other than authorized OE, employee spokespersons while acting in their official capacities. Except as otherwise specified in these Terms or pursuant to our express written consent, you may not establish a hyperlink to the Website or provide any links that state or imply any sponsorship or endorsement of your website by OE. Further, we reserve the right to disable links from any third-party websites to the Website.

Purchases on the Website or via links to third-party Websites:

Additional terms and conditions may apply to purchases of goods or services on this Website or via links to third-party websites, including reservations, bookings, upgrades, exchanges, rewards programs, or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion or the specific service.

Restrictions On Use:

• You shall use the site for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
• The Website contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of OE, and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
• You shall not e-mail, upload, post or otherwise make available on the site any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to our policies regarding privacy, any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of OE. By submitting material to OE, you automatically grant, or warrant that the owner of such material has expressly granted OE, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant OE, the right to edit, copy, display, publish and distribute any materials made available on the site by you.
• The foregoing provisions of this Section 4 are for the benefit of OE, its affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Disclaimer of Warranty; Limitation of Liability:

• You expressly agree that use of the website is at your sole risk. Neither OE, its affiliates nor any of their respective employees, agents, third-party content providers or licensors warrant that the website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the website, or from the information contained therein, or as to the accuracy or reliability of any information, service, or merchandise provided through the website.
• The website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility, or arising from course of dealing or course of performance, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under applicable law. Additionally, there are no warranties as to the results obtained from the use of the website. We do not warrant that the website or the services, content, materials, or functions contained in the site will be continuously available, uninterrupted, or error-free, that defects will be corrected, or that the site, services, content, materials, or the servers that make the site or such services, content, and materials available are free of viruses or other harmful components or are accurate or complete. We do not warrant or make any representations regarding the use or the results of the use of the services, content, materials, functions, or products available through the website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
• This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action, to the fullest extent permissible by law. This does not affect any statutory rights, which may not be disclaimed. You specifically acknowledge that OE is not liable for the defamatory, offensive, or illegal conduct of other users or third parties over which it has no control.
• Electronic transmissions, including the internet, are public media, and any use of such media is public and not private. Information related to or arising from such use is public or the property of those collecting information, and not personal or private information.
• To the fullest extent permissible by law, under no circumstances, including but not limited to negligence, shall we be liable for any lost profits, cost of cover, direct, indirect, incidental, special, reliance, consequential, or punitive damages that result from the use of, or the inability to use, the website or the services or functions of the website, or arising out of your access to, or inability to access, the website or your reliance upon, the website or the services, content, or materials in, or functions of, the website, provision of or failure to provide services, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence). In addition, we have no duty to update the website or the contents thereof. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort - including, but not limited to, negligence - or otherwise) exceed the amount paid by you, if any, for accessing the website. If you are dissatisfied with the website or any of the products, services, members, suppliers, and/or buyer offered in connection therewith or associated therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the website and terminate this agreement in accordance with the terms hereof.

Monitoring:

This Website may permit you to link to other websites or applications that may or may not be affiliated with the Website or with OE. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Website may send cookies to users that we do not control. These third-party linked websites or applications, including those of our third-party content providers, advertisers, merchants, business partners, sponsors and/or licensors (collectively, “Providers”), may have different terms of use that are not the same as these Terms. Your access to and use of such linked third-party websites and applications, and any correspondence or transactions that you may enter thereon, are not governed by these Terms, but instead, are governed by the terms of use and policies of those websites and applications. We provide links to third-party websites and applications for your convenience and information only, and you use them at your own risk. OE is not a publisher of content supplied by third-parties and users of the Website. Accordingly, OE has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of OE. In many instances, the content available through the Website represents the opinions and judgments of the respective information provider or user. OE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the site by anyone other than authorized OE, employee spokespersons while acting in their official capacities. Except as otherwise specified in these Terms or pursuant to our express written consent, you may not establish a hyperlink to the Website or provide any links that state or imply any sponsorship or endorsement of your website by OE. Further, we reserve the right to disable links from any third-party websites to the Website.

Indemnification:

You hereby indemnify, defend and hold OE, its parent company, and their respective affiliates, owners, partners, subsidiaries, members, officers, directors, affiliates, and each of such person's or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permittees and employees (collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with these Terms, the services or products provided to you by the Website or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of OE or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with these Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Release:

• All users of this website acknowledge and agree that by using this website, the indemnified parties are released, discharged, and held harmless from and are not responsible or liable for any liability with respect to all aspects of the website (including without limitation, any illness, losses, litigation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy, reasonable attorneys' fees, and court costs) that may occur from use of the website or the acceptance, possession, use, or misuse of information, materials, services, or products related thereto or acquired therefrom. We reserve the right at any time and without liability to restrict or refuse access to the site and its services, content, materials, and functions to anybody. We further reserve the right to seek any form of relief, including without limitation attorneys' fees, related to fraudulent or illegal activity connected with the use of the website.
• Because we are not involved in the actual transaction between buyers and suppliers, if applicable, in the event that you have a dispute with one or more users, you also on behalf of yourself, your predecessors, if applicable, and each of their present and former officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, successors and assigns, as applicable, hereby fully and forever releases and discharges the Indemnified Parties, from any and all claims, demands, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, costs, attorneys' fees, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or suspected which have existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the execution of these Terms which arise out of, concern, pertain or relate in any way to these Terns or the Website. You also acknowledge that there is a possibility that subsequent to the execution of these Terms, you will discover facts or incur or suffer claims which were unknown or unsuspected at the time these Terms were executed, and which if known by it at that time may have materially affected its decision to execute these Terms. You acknowledge and agree that by reason of these Terms, and the release contained in this Section 9 of these Terms, you are assuming any risk of such unknown facts and such unknown and unsuspected claims. You have been advised of the existence of Section 1542 of the California Civil Code (‘Section 1542’), which provides:

  A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

• Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. You knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect. In connection with such waiver and relinquishment, You acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein. Nevertheless, it is your intention, through these Terms, and with the advice of counsel, fully and finally settle and release all such matters, and all claims relative thereto, which do now exist, may exist, or have existed between and among the parties hereto, including the Indemnified Parties. You hereby acknowledge that you have been advised by your legal counsel, understand and acknowledge the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.

Copyrights; Trademarks:

You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Website, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of OE, or otherwise incorporate into another Website any of the content or other materials on this Website, without OE's express prior written consent. You may not hyperlink or deep link to any page of portions of this Website without OE 's prior written consent. You may not make or attribute to us, our affiliated or related entities or Providers any false, misleading, defamatory, libelous, derogatory, or offensive statements. Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of content, copyrights, trademarks, service marks, or other intellectual property on this Website, except as authorized by these Terms, is considered intentional infringement of OE's intellectual property rights.

Viruses:

OE also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website. OE also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.

Changed Terms:

OE has the right at any time to change or modify the terms and conditions applicable to use of the Website, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

Binding arbitration and class action waiver:

OE has the right at any time to change or modify the terms and conditions applicable to use of the Website, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

Electronic Communications Privacy Act notice (18 U.S.C. 2701-2711):

OE makes no guaranty of confidentiality or privacy of any communication or information transmitted on the website or any website linked to the website. OE will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the website, or otherwise connected with your use of the website.

Message Boards:

In the event that we provide message boards, web logs or blogs, or discussion forums on this Website ("Boards"), you agree to use the Boards only for personal purposes in a noncommercial manner. You shall not, without OE's express written approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to you or any other person or entity. In addition, you warrant that all moral rights in any uploaded materials have been waived. While we do not and cannot review every message posted by you or any other user in the Boards, and although we are not responsible for these messages, we reserve the right (but not the obligation) to delete, move, or edit messages that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms, or otherwise unacceptable. OE does not endorse any information that may be posted on this Website through the Boards. You agree that you must evaluate, and bear all risks associated with, the use of any messages, information, or content associated with the Boards, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or content. In this regard, you acknowledge that you may not rely on any content we create or information submitted to us by third parties, including without limitation, information in the Boards, and in all other parts of this Website.

Digital Signatures:

By using and accessing this Website, you represent and warrant that you have the legal right, power and authority to agree to these Terms on behalf of yourself and the member, buyer or supplier, as applicable, participating in the Website. You further agree that your use of the Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated these Terms and acknowledged and agreed that these Term constitute an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.

Notice and Procedure for Making Claims of Copyright Infringement:

If you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide our Designated Agent for Notification of Claims of Copyright Infringement the information specified below. In order to be effective, under Title 17, United States Code, Section 512(c)(3), the notification must be a written communication that includes the following:

• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the website;
• Your address, telephone number, and e-mail address;
• 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;
• 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 authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Written notification containing the information set forth above must be submitted to the following Designated Agent for Notice of Claims of Copyright Infringement: Ohana Exchange, LLC, Attn: General Counsel, 2024 Corporate Centre Drive, Suite 101, Myrtle Beach, South Carolina 29577.

Location-Based Services:

Your device may be location-enabled, meaning that the device is capable of accessing content or services that make use of a user's location using location technology such as Global Positioning Satellite (GPS), wireless network location, or other location technology. In the event the Website use a location-based API for real-time route guidance (including, but not limited to, third-party turn-by-turn route guidance and other routing that is enabled through the use of a sensor), YOUR USE OF ANY SUCH REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

Governing Law:

OE operates this Website (excluding the Linked Sites, over which we have OE has authority or control) from its offices within the State of South Carolina (which may be subject to change from time to time at our sole discretion). The Website can be accessed from all 50 states, as well as from other countries outside the United States. By accessing this Website, you agree that these Terms and your use of the Website shall be governed in all respect by the internal substantive laws of the State of South Carolina, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the State of South Carolina for all disputes, cases and controversies regarding this Website, your use of this Website, and your relationship with OE. We make no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where the content is illegal is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which they reside.

Marketing:

By acceptance of a vacation package, you hereby consent to receive calls including autodialed and/or pre-recorded telemarketing calls, SMS messages, texts and/or emails(message frequency 3-6 messages per week)(message & data rates may apply) from or on behalf of Capital Vacations Hawaii, LLC d/b/a Capital Vacations and its affiliates, agents and contractors at the telephone number(s) and email address(s) provided, however such consent is not a condition of purchase.

Opt-Out: You may opt-out from receiving marketing and promotional calls, texts, and/or emails from or on behalf of Capital Resorts Group, LLC d/b/a Capital Vacations and its affiliates, agents by sending an email opt-out request to FSHelp@CapitalVacations.com.

Miscellaneous:

These Terms are for the express benefit each of OE, its parent company, and their affiliates, and subsidiaries and the Providers and the Providers, and each of their respective officers, directors, employees, affiliates, agents, or any person or entity involved in the creation, production, distribution and/or hosting of the Website. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. OE's failure to act with respect to a breach by you or others does not waive OE's right to act with respect to subsequent or similar breaches. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination, including, but not limited to, the restrictions, disclaimers, limitations, and rules regarding dispute resolution and arbitration.