Operation of Web Site

This World Wide Web Site and the functions, facilities and services related thereto are operated and maintained by PopularCities.com at the URL: http://www.PopularCities.com/ (the "Web Site").

Use of this Web Site is Restricted

The Web Site is for use solely by persons over the age of eighteen (18) who can form legally binding contracts. By using the Web Site you acknowledge that you have read this User Agreement and that you agree to use the Web Site in strict accordance with, and to be bound by, all of the terms and conditions contained herein.

Your participation in any activity contained within the Web Site is voluntary and at your sole risk. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT YOU MUST NOT ACCESS OR OTHERWISE USE THIS WEB SITE.

By using the Web Site you also agree that you are legally authorized to make the travel reservations or purchases made for either yourself or for another person for whom you are authorized to act. Your use of this Web Site also means that you agree to all terms and conditions of purchase imposed by the supplier of travel services, and to the payment of all amounts when due, including additional taxes and fees that may not be included in the quoted rates, and to comply with all rules regarding the availability of rates, products or services including penalty fees arising from any failure to comply with said rules.

You may only use this Web Site to make legitimate reservations or purchases and shall not use this Web Site for any other purposes, including without limitation, to make speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

Use Rights

PopularCities.com grants you a non-exclusive, non-transferable license to use all non fee-based portions of the Web Site in strict accordance with the provisions of the terms and conditions of this User Agreement. This User Agreement does not grant you the right to use any PopularCities.com trademark, service mark or logo for any purpose whatsoever.

Personal Information

We recognize that individuals are concerned about the use of the Internet and we are committed to protecting the privacy of our visitors, through our Privacy Policy. You acknowledge and agree that PopularCities.com may use other information about you which PopularCities.com obtains either directly from you or which it obtains by the nature of your use of the Web Site only for the purpose outlined in our Privacy Policy. By using the Web Site, you acknowledge that you have reviewed our Privacy Policy.

Indemnification

You agree to indemnify, defend, and hold harmless PopularCities.com and its directors, employees, sponsors, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Indemnified"), from and against any and all liability costs (including attorney's fees and costs) incurred by the Indemnified in connection with any claim arising out of any breach by you of any provision of this User Agreement.

You agree to cooperate as fully as reasonably required in defense of any such claims. PopularCities.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of PopularCities.com.

Disclaimer of Warranty

Product specifications and other information have either been furnished by third parties or collected from publicly available sources. While PopularCities.com makes every effort to ensure that the information on the Web Site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on the Web Site.

The Web Site may include publications with technical inaccuracies or typographical errors that will be corrected as they are discovered, at the sole discretion of Maui-Hotels.com. Also, changes are periodically added to the information contained herein. These corrections and changes may be incorporated into the Web Site at a later date.

ACCORDINGLY, THE WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING RELIABILITY, ABSENCE OF ANY VIRUSES OR CONTENT OR ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE, AND WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION, OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE RESTS WITH THE USER.

PopularCities.com does not warrant that the functions of the Web Site will meet your requirements or that the operation of the Web Site will be uninterrupted or error free.

PopularCities.com shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Web Site.

PopularCities.com has no control over the content or practices of World Wide Web sites that may be linked to the Web Site through hypertext links ("Linked Sites"), and is not responsible for their content, software, privacy or business practices. The Linked Sites are provided for your convenience only and you access them at your own risk. By accessing the Web Site you acknowledge that PopulatCity.com is not responsible for the availability of these Linked Sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such web sites. PopularCities.com is not responsible for breach of contract or any intentional or negligent action on the part of such Linked Sites which results in any loss, damage, delay or injury to you or your travel companions. PopularCities.com does not guarantee any such third party's rates, bookings, reservations, connections, scheduling or protection of personal belongings, unless the word "guaranteed" is specifically stated on your tickets, travel itinerary or invoice. Furthermore, PopularCities.com assumes no responsibility for overbooking, cancellation or delays.

Some of the Content that refers to hotel accommodations and other services is the property of, and is supplied by WCTravel.com and other independent suppliers not under our control. PopularCities.com does not verify, and does not guarantee, the accuracy of the information that we receive from third party suppliers, including suppliers of accommodations and transportation, whether or not the web sites providing that information display PopularCities.com branding information. All information, prices and availability are subject to change without notice. Content provided by WCTravel.com is subject to the Terms & Conditions posted [here].

Mention of third-party products or services, including the use of trademarks or links to other web sites, is for information purposes only and constitutes neither an endorsement nor a recommendation of any third party. In addition, such use of trademarks or links to other web sites is not intended to imply, directly or indirectly, that operators of those web sites endorse or have any affiliation with PopularCities.com.

LIMITATIONS OF LIABILITY AND REMEDIES

YOUR USE OF ANY INFORMATION ON THIS SITE IS ENTIRELY VOLUNTARY. MAUI-HOTELS.COM IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE WEB SITE, MAUI-HOTELS.COM. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

In no event shall PopularCities.com be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Web Site, even if PopularCities.com has been advised of the possibility of such damages.

Modifications

PopuarCity.com has the right to modify the terms and conditions of this User Agreement in any manner and at any time, without notice or liability. Any modification is effective immediately upon posting on the Web Site. Your continued use of the Web Site following any modification of this User Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this User Agreement, or any policies or practices of PopularCities.com in providing the Web Site, is to cease use of the Web Site.

PopularCities.com may at any time, without notice or liability, change or eliminate any content or feature of the Web Site, or restrict the use of any portion of the Web Site, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any services related change or elimination is to cease use of the Web Site.

Termination of Use

PopularCities.com may terminate the right of any user to access the Web Site at any time, with or without cause, PopularCities.com's absolute discretion and without notice. The recital in this Agreement of specific grounds for termination of a user's right to access the Web Site shall in no manner whatsoever limit PopularCities.com's absolute right to terminate any user's access to the Web Site under this paragraph.