Terms and Conditions

The mommyneedsamaitai.com website (the “Site”) is comprised of various web pages operated by Mommy Needs A Mai Tai (“MNMT”). mommyneedsamaitai.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of mommyneedsamaitai.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

mommyneedsamaitai.com is a Travel Planning Site.

Mommy Needs A Mai Tai is a website that provides advice, itineraries, and travel guides for people who visit Hawaii with kids.

PRIVACY

Your use of mommyneedsamaitai.com is subject to MNMT’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

RISKS/SAFETY

By offering travel planning services to particular destinations, mnmt does not represent or warrant that travel to such destinations is advisable or without risk, and shall not be liable for costs, damages, or losses that may result from travel to such destinations. Your participation constitutes acceptance of such risks.

TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS

It is each customer’s responsibility to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification to board a flight. Acceptable identification examples include DHS-designated enhanced driver’s license, USA Passport, and a foreign government passport. The name, date of birth, and gender on the identification card must exactly match the information on airline ticket(s) and booking records. MNMT strongly recommends considering that certain countries will not admit passengers if their passport expires within six (6) months of the date of entry. Non-U.S. citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, or without both parents, may be stopped and not admitted unless authenticated and verified consent forms are provided to authorities; please see here for forms. The U.S. Customs and Border Protection Agency requires that for U.S. child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of their birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge that any failure to comply strictly with these requirements may result in denied boarding or delays at airport security, potentially causing you to miss flight(s) and subsequent travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group obtain and carry the required travel documentation.

When you receive any travel documents, it is your sole responsibility to review and verify all information. Contact MNMT immediately if any changes or corrections are required.

USE OF MNMT ACCESS AND INFORMATION FOR TRAVEL BOOKINGS

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with MNMT by any means, including our website, in accordance with all terms and conditions herein. You agree to be financially responsible for all your travel bookings (as well as for the use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of MNMT communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with MNMT is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by MNMT shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.

Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by MNMT and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of such supplier’s conditions of purchase may result in the cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in MNMT debiting your account for any costs MNMT incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by MNMT.

PAYMENTS AND CANCELLATIONS

Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation, and deposits shall be forfeited. In most cases, there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to MNMT in writing. As a result of cancellation, MNMT’s and third-party supplier’s cancellation penalties will apply, which are detailed in your travel documentation and each supplier’s websites. Cancellation penalties are advised at the time of booking and provided to you upon confirmation. If you have any questions or if any penalties are unclear, please contact MNMT. All cancellation fees will be charged to the credit card you authorized to pay for travel services or deducted from the supplier’s refund.

ALTERATIONS TO CONFIRMED BOOKINGS

If you decide to change any portion of your confirmed arrangements before departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. Administrative charges of $25 or more per change/per person are advised at the time of booking, provided to you upon confirmation, and depend upon the circumstances of the request. All desired changes must be made in writing to MNMT.

TOUR AND/OR EXCURSION CANCELLATIONS

The tours and excursions booked by MNMT are not regulated, owned, or operated by MNMT in any capacity. These are third-party companies. You are subject to their terms of service and refund policies. If a tour or excursion booked by MNMT cancels or otherwise does not perform its contracted duty to you, MNMT may make a good-faith effort to make new arrangements for you but is not obligated to do so. Refunds should be handled directly with the company providing the service.

LATE BOOKINGS

Prospective customers are advised to reserve early to avoid disappointment and additional late booking fees.

AIR, CHECK-IN, SCHEDULE RECONFIRMATION

UNLESS SPECIFIED IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. In such an event, it is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. MNMT shall not assume any responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only and may vary in price. Due to enhanced security, it is strongly recommended that you check in at least 2 hours before the scheduled departure for domestic flights and 3 hours before the scheduled departure time for international flights. Reconfirm flight times at least 24 hours before the scheduled departure time for domestic flights and 72 hours before international flights. Failure to use a reservation may result in the automatic cancellation of all continuing and return flights, as well as the forfeiture of airfares.

CURRENCY FLUCTUATIONS

Currency exchange rates fluctuate. Prices are subject to change based on currency exchange rate fluctuations if actual variations have occurred.

HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS

Each Customer is responsible for ensuring they have the proper immunizations and required documentation before travel and making the necessary accommodation for security rules imposed by government authorities. MNMT shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by the Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department website here for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control here relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov on a regular basis for information regarding the incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States, especially your embassy and www.uscis.gov for non-USA citizens. (Customer is responsible for making MNMT aware when traveling on a passport from a country other than the USA.) MNMT neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, MNMT is not responsible for lost payments made toward the contemplated trip. Please note that USA rules regarding entry and exit change daily. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification, found here. Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.

E-TICKETS

E-tickets expire a year from the issue date unless the carrier’s fare rules in the passenger’s itinerary fare provide otherwise.

LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE

MNMT acts solely as a booking agent for disclosed principal suppliers—cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”)—and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management and is not subject to the control of MNMT. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective websites, which govern the transaction. All bookings are accepted by MNMT as an agent for the travel suppliers on your itinerary. The transportation, accommodations, and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders, or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective websites. BECAUSE MNMT ACTS AS AN AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE MNMT IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY ARISE OUT OF THESE SERVICES. MNMT HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH MNMT’S OFFICE OR THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY THAT MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS, OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF MNMT’S CONTROL, AND YOU HEREBY EXONERATE MNMT FROM ANY LIABILITY WITH RESPECT TO THE SAME. Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall, are not guaranteed to occur or not occur, and are clearly outside of MNMT’s control. Volcanic eruptions, ash clouds, and wind may be characterized as adverse weather conditions or natural disasters by suppliers and your travel insurance company, which is beyond the control of MNMT. MNMT reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or retain as a member of any tour any person at any time. MNMT shall not assume any responsibility for any air and/or ground schedule changes. MNMT has solely received commission and fees for travel transactions and Customer agrees and understands that any recovery from MNMT will be limited to the commission and fees paid by Customer actually received by MNMT.

FORCE MAJEURE

“Force Majeure” means, in relation to MNMT, any circumstances beyond the reasonable control of MNMT, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).

MNMT shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.

If MNMT and/or any of its travel suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by MNMT to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although MNMT shall use its reasonable efforts to reimburse you where possible. However, MNMT shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to MNMT of the Force Majeure and applicable cancellation fees.

Regarding civil unrest, once MNMT has investigated the prevailing situation, as it deems fit, it shall remain in MNMT’s sole and absolute discretion whether to proceed with the trip. You may, in such circumstances, cancel the trip subject to MNMT’s and each supplier’s terms and conditions.

TRAVEL INSURANCE

MNMT OFFERS ACCESS TO MANY OPTIONAL PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. OPTIONS SUCH AS TRAVEL INSURANCE PROTECT PASSENGERS AND THEIR INVESTMENT. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’S ITINERARY TO PROTECT AGAINST THIRD-PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and MNMT’s and travel suppliers’ cancellation penalties will apply, resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by MNMT. Employees of MNMT are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected.

ALTERATIONS IN TRAVEL PLANS

Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of MNMT and subject to supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.

NO COPYING OR EDITING

No material from this website may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold, or distributed in any way, without our prior written consent. You may not frame or mirror any material on this website on any other server or other location. Unauthorized use of any such material on any other website, computer environment, or elsewhere is prohibited.

ACCESS TO PASSWORD PROTECTED/SECURED AREAS

Access to and use of password-protected and/or secure areas of this website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to prosecution.

RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY

We reserve the right to correct errors. All land and event offers are subject to availability and may change without notice. In the event of a land or event pricing error or omission, we reserve the right to adjust such pricing or make any other corrections.

ELECTRONIC COMMUNICATIONS

Visiting mommyneedsamaitai.com or sending emails to MNMT constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

CHILDREN UNDER THIRTEEN

MNMT does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use mommyneedsamaitai.com only with permission of a parent or guardian.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

mommyneedsamaitai.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MNMT and MNMT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MNMT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MNMT of the site or any association with its operators.

Certain services made available via mommyneedsamaitai.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the mommyneedsamaitai.com domain, you hereby acknowledge and consent that MNMT may share such information and data with any third party with whom MNMT has a contractual relationship to provide the requested product, service or functionality on behalf of mommyneedsamaitai.com users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use mommyneedsamaitai.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MNMT that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MNMT or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MNMT content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MNMT and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MNMT or our licensors except as expressly authorized by these Terms.

INTERNATIONAL USERS

The Service is controlled, operated and administered by MNMT from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MNMT Content accessed through mommyneedsamaitai.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless MNMT, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MNMT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MNMT in asserting any available defenses.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MNMT agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOMMY NEEDS A MAI TAI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MOMMY NEEDS A MAI TAI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MOMMY NEEDS A MAI TAI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOMMY NEEDS A MAI TAI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOMMY NEEDS A MAI TAI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

MNMT reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Hawaii and you hereby consent to the exclusive jurisdiction and venue of courts in Hawaii in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MNMT as a result of this agreement or use of the Site. MNMT’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MNMT’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MNMT with respect to such use. 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 the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MNMT with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and MNMT with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

MNMT reserves the right, in its sole discretion, to change the Terms under which mommyneedsamaitai.com is offered. The most current version of the Terms will supersede all previous versions. MNMT encourages you to periodically review the Terms to stay informed of our updates.

CONTACT

MNMT welcomes your questions or comments regarding the Terms:

Mommy Needs A Mai Tai PO Box 2551
Wailuku, Hawaii 96793

Email Address: [email protected]

Effective as of September 1, 2024