Terms of Service

About this site

The Site is an informational resource about Polu Hospitality Group and its family of brands. It is not a booking or reservation system. Reservations, stays, purchases, and other transactions are made through separate booking platforms, brand websites, or properties, each of which is governed by its own terms, conditions, and policies. Nothing on the Site is an offer, guarantee, or binding commitment regarding availability, pricing, or the provision of any service.

Use of the site

You may use the Site for lawful, personal, and informational purposes only. You agree not to:

• Use the Site in any way that violates applicable law or regulation;
• Copy, scrape, harvest, or collect data from the Site using automated means;
• Attempt to gain unauthorized access to the Site, its servers, or related systems;
• Interfere with or disrupt the operation, integrity, or security of the Site;
• Introduce viruses, malware, or other harmful code; or
• Use the Site’s content or trademarks without our prior written permission.

Intellectual property

All content on the Site — including text, graphics, logos, images, photographs, page layouts, and the names and marks of Polu Hospitality Group and its brands (such as Polu Resorts, Mililani Club, Polu Systems, Polu Destinations, and Polu Restaurants) — is owned by or licensed to Polu and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, and revocable license to view the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, publicly display, or create derivative works from any content on the Site without our prior written consent.

Third-party links and brands

The Site may contain links to third-party websites, including our booking platform and brand sites, that we do not own or control. We provide these links for convenience only and are not responsible for the content, products, services, or privacy and terms practices of any third-party site. Your use of those sites is governed by their own terms and policies.

Disclaimers

The Site and all content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy, and any warranty that the Site will be uninterrupted, secure, or error-free. Information on the Site may contain inaccuracies or errors and may change at any time without notice. You use the Site at your own risk.

Limitation of liability

To the fullest extent permitted by law, Polu Hospitality Group and its officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the Site, even if we have been advised of the possibility of such damages. To the extent liability cannot be excluded, our total liability for any claim relating to the Site will not exceed one hundred U.S. dollars (US$100).

Indemnification

You agree to indemnify, defend, and hold harmless Polu Hospitality Group and its officers, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

Governing law & dispute resolution

Governing law

These Terms, and any dispute arising out of or relating to them or your use of the Site, are governed by the laws of the State of Hawaiʻi, without regard to its conflict-of-laws rules.

Informal resolution first

Before starting any formal proceeding, you agree to first contact us at [email protected] and give us at least 30 days to try to resolve the dispute informally.

Binding arbitration

If we cannot resolve a dispute informally, you and Polu agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Site will be resolved by final and binding arbitration, administered under the rules of a recognized arbitration provider and conducted on an individual basis in the State of Hawaiʻi. Judgment on the arbitration award may be entered in any court having jurisdiction.

Class-action and jury-trial waiver

You and Polu agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and Polu each waive any right to a jury trial.

Small-claims and other exceptions

Either party may bring an individual claim in small-claims court if it qualifies. Nothing in this section prevents either party from seeking injunctive or equitable relief in court to protect its intellectual property or other rights. For any dispute not subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Hawaiʻi.

Your right to opt out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to [email protected] that includes your name and a statement that you decline arbitration. Opting out will not affect any other part of these Terms.

Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page, and the changes are effective when posted. Your continued use of the Site after changes are posted means you accept the revised Terms.

Miscellaneous

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms are the entire agreement between you and Polu regarding the Site and supersede any prior agreements. You may not assign these Terms without our consent; we may assign them without restriction.

Contact us

If you have questions about these Terms, please contact us: