Effective date: August 5, 2026. These Terms of Use (the "Terms") govern your use of Hawaii-Guide.com and related services. Guide of Hawaii, LLC ("GOH") owns the HawaiiGuide domains and site content. Guide of US, LLC ("GoUS") produces and administers content and operates the site, ecommerce, and customer services for GOH under a paid-services relationship. GOH and GoUS are separate South Carolina limited liability companies and are referred to together in these Terms as "HawaiiGuide," "we," "us," or "our." By using the site, you agree to these Terms with GOH and GoUS according to their respective roles. If you do not agree, do not use the site.

Please review the Binding Arbitration section carefully. It affects your legal rights, including your rights to a jury trial and to participate in a class, collective, or representative action.

Unless checkout expressly identifies another seller, GoUS is the transaction-facing seller and payment recipient for purchases, tips, and contributions processed through HawaiiGuide's Stripe and Shopify services. Transaction-specific obligations belong to the entity identified at checkout.

If you buy a product, submit a paid contribution, or use another feature with additional terms presented at the point of action, those additional terms also apply. You must be at least 18 years old, or the age of legal majority where you live, to make a purchase or recurring contribution.

Content and Ownership

GOH owns the HawaiiGuide domains and HawaiiGuide-created site content, including text, original graphics, videos, maps, software, and page design, except for intellectual property separately identified as owned by GoUS or another party. GoUS produces and administers content for GOH and is authorized to operate the site and provide the content and services described in these Terms. Third-party names, trademarks, images, and other materials remain the property of their respective owners and may be used under license.

Permitted Use

We grant you a limited, revocable, nonexclusive, nontransferable license to access the site and use its content for personal, noncommercial travel planning. Unless permitted by law or by our written authorization, you may not reproduce, republish, sell, scrape at scale, distribute, modify, create derivative works from, or commercially exploit our content. You may not interfere with site security, misuse automated systems, submit unlawful material, impersonate another person, or use the site to violate another person's rights.

User Responsibility

You are responsible for your travel, purchase, safety, and booking decisions. Conditions, prices, hours, access rules, weather, ocean conditions, road status, and reservation requirements can change without notice. Verify material details with the responsible government agency, land manager, business, or service provider before acting. Our Information Disclaimer provides additional important limitations.

External Links and Third-Party Content

The site links to and may display information from third-party businesses, booking platforms, advertisers, maps, and other services. We do not control those parties and are not their agent unless expressly stated. Their availability, content, products, prices, safety practices, privacy practices, and contract terms are their responsibility. Review the third party's current terms before booking, buying, or providing information.

Affiliate Relationships

Some links are affiliate links. We may earn a commission or other compensation if you book or buy through them. Sponsored material and paid relationships are disclosed where required. Compensation does not increase our legal responsibility for a third party's product or service. See Ad Disclosures & Standards and How We Earn Money.

Purchases and Digital Products

Prices and product descriptions shown at checkout apply to that transaction. Unless checkout states otherwise, GoUS is the transaction-facing seller and you authorize GoUS and its payment processor to charge the amount displayed. GOH retains ownership of the underlying HawaiiGuide content. Digital products are licensed for your personal, noncommercial use and may not be shared, resold, publicly posted, or redistributed. Delivery, update eligibility, and refund terms are described in our Purchase & Refund Policy, which is incorporated into these Terms. Products purchased from our separate Shopify storefront are also subject to the policies shown on that storefront.

Privacy

Our Privacy Policy explains how we collect, use, disclose, and retain personal information. The Privacy Policy is a notice of our practices; it is not a substitute for consent where applicable law requires a separate choice.

Consent to Data Collection

These Terms incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the site, mobile applications, and related Services. You consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy, including policies linked from it. You may revoke this consent at any time by following the opt-out instructions in the Privacy Policy or using any privacy-choice links available on the site. This provision does not replace any separate choice or consent required by applicable law.

Binding Arbitration ("Arbitration Agreement")

a. Applicability of Arbitration Agreement. You agree that any dispute or claim against HawaiiGuide or its vendors or service providers (collectively, for this section, "We" or "Us") related in any way to your access to or use of this website, these Terms, or any aspect of your relationship with Us will be resolved by binding arbitration rather than in court, except that (1) you may assert claims in small-claims court if your claims qualify, so long as the matter remains in that court and advances only on an individual, non-class, non-representative basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual-property rights, such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents.

You agree that you must commence any arbitration or other claim within one year after the dispute arises; otherwise, the claim is permanently barred, which means you will no longer have the right to assert a claim regarding the dispute. This limitation does not shorten any period that applicable law does not permit to be shortened by agreement. To the fullest extent permitted by applicable law, this Arbitration Agreement also applies to claims that arose or were asserted before the effective date of these Terms, provided you first agreed to terms containing an arbitration provision.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us that alleges class, collective, or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding, except for Batch Arbitration as described below. If successful, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim, the dates and amounts of any relevant transaction or interaction with us, and the requested relief. Send the letter to Guide of US, LLC, Attn: Legal, 121 Mill Haven Lane, Lexington, SC 29072, on behalf of HawaiiGuide. You and We agree to attempt in good faith to negotiate an informal resolution of your claim.

If a resolution is not reached within 30 days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative-dispute-resolution provider. Disputes involving claims and counterclaims under $250,000, not including attorneys' fees and interest, will be subject to JAMS's then-current Streamlined Arbitration Rules and Procedures; all other claims will be subject to JAMS's then-current Comprehensive Arbitration Rules and Procedures. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Fees. Where JAMS's Consumer Arbitration Minimum Standards apply, those standards govern the allocation of fees, you will not be required to pay more than the consumer filing fee those standards permit, and We will pay the remaining JAMS fees and arbitrator compensation. If those standards do not apply and the arbitrator finds that you cannot afford JAMS's filing, administrative, hearing, or other fees and you cannot obtain a waiver from JAMS, We will pay them for you. Nothing in this subsection requires you to pay Our attorneys' fees or costs where applicable law or the governing arbitration rules prohibit such a requirement.

d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us.

The arbitration proceeding will not be consolidated with other matters or joined with other cases or parties except as expressly provided under Batch Arbitration below. The arbitrator may grant motions dispositive of all or part of any claim, award monetary damages, and grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator's award is final and binding upon you and Us.

e. Waiver of Jury Trial. You and We waive any constitutional and statutory rights to sue in court and have a trial before a judge or jury. You and We instead elect to have all claims and disputes resolved by arbitration under this Arbitration Agreement, except as specified in subsection (a). An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

f. Waiver of Class or Consolidated Actions. Except for Batch Arbitration as defined below, all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual and not a class basis. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of another customer or user. If this subsection is deemed invalid or unenforceable, neither you nor We will be entitled to arbitration, and claims and disputes instead will be resolved in a court as set forth in these Terms.

g. Batch Arbitration. You and We agree that, when 50 or more individual requests for arbitration of a similar nature are filed against Us within approximately 30 days or otherwise in close proximity, regardless of the states in which the claims are filed, JAMS will administer the similarly situated demands collectively as a single consolidated arbitration, subject to a single set of fees, proceeding schedule, and hearing if required, before a single arbitrator and in accordance with the other requirements of this section. If the arbitrator finds it impracticable or inequitable to administer all claims in one proceeding, the arbitrator may group the demands into groups of no fewer than 20 matters, plus a remainder group as needed, or into other groups the arbitrator considers practicable, equitable, and consistent with this provision. Either structure is a "Batch Arbitration."

You and We agree to work with JAMS in good faith to facilitate resolution on a Batch Arbitration basis. Requests are of a "similar nature" when they arise from the same event, agreement, or factual scenario; raise the same or similar legal issues; and seek the same or similar relief. Disagreements over the applicability of this process will be resolved in a single consolidated arbitration that includes all affected parties and is decided by one arbitrator under this section. This Batch Arbitration provision does not authorize class or collective arbitration or action, or any suit or arbitration involving joint or consolidated claims, except under the circumstances expressly stated in this subsection. To the extent JAMS's then-current Mass Arbitration Procedures and Guidelines apply to the demands, those procedures govern, and this subsection will be applied so as to conform to them and to JAMS's Consumer Arbitration Minimum Standards.

h. Severability. Except as provided in subsection (f) above, if any part of this Arbitration Agreement is found invalid or unenforceable, that specific part will have no force or effect and will be severed, while the remainder of the Arbitration Agreement continues in full force and effect.

i. Survival. This Arbitration Agreement survives the termination of your relationship with Us.

j. Modification. Notwithstanding any provision in these Terms to the contrary, if We make a future material change to this Arbitration Agreement, the change will not apply to any individual claim for which you had already provided notice to Us.

Tips, Contributions, and Recurring Charges

Guide of US, LLC is a for-profit business. Tips and contributions are not charitable donations and are not tax deductible. A contribution of $5 or more may qualify for the HawaiiGuide Plus benefits described at the time of payment; those benefits may be changed prospectively. If you choose a monthly option, you authorize the displayed amount to be charged each month until canceled. To cancel, send this pre-addressed cancellation email from the payment address; no explanation or additional information is required. Your cancellation is effective when sent. If another charge processes afterward, we will refund it, subject to our Purchase & Refund Policy.

Limitations on Liability

THE SITE, CONTENT, DIGITAL TOOLS, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOH AND GOUS DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPLETE.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOH, GOUS, AND THEIR VENDORS AND SERVICE PROVIDERS (COLLECTIVELY, FOR THIS SECTION, "WE" OR "US") WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY; OR LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, CONTENT, DIGITAL TOOLS, OR PRODUCTS. THE AGGREGATE LIABILITY OF ANY OF US FOR A CLAIM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID OR OWE TO HAWAIIGUIDE FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, WHETHER OR NOT THE PARTIES WERE INFORMED OF THE POSSIBILITY OF THE DAMAGES, AND EVEN IF A REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

These exclusions do not apply to liability that cannot lawfully be excluded or limited, including liability arising from fraud, gross negligence, willful misconduct, or other non-waivable rights or statutory remedies. Some jurisdictions do not allow certain exclusions, so portions of this section may not apply to you.

Changes to Terms

We may update these Terms and will post the revised Terms with an updated effective date. Changes apply prospectively unless a provision expressly states a different scope permitted by law. The Binding Arbitration section states its own scope and modification rule. If a change materially affects an existing paid transaction, we will provide any notice required by law.

User Feedback and Contact

Your feedback is crucial in maintaining accurate, reliable, and helpful content. Should you notice any inaccuracies or have suggestions for improving our website, please contact us directly.

Questions about these Terms may be sent to aloha@hawaii-guide.com.