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Terms and Conditions of Website Use


Effective Date: 2/24/25

Welcome to Kona Golf Hale's website (“Site”), located at https://www.konagolfhale.com/. These Terms and Conditions (“Terms”) govern your use of the Site. By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must stop using the Site immediately.

We may update these Terms periodically by amending this page. It is your responsibility to review this page regularly as changes are binding upon you.

 

1. Access to Our Site

1.1 Access to our Site is provided on a temporary basis, and we reserve the right to:

  • Withdraw access to the Site

  • Change or discontinue any service or feature on the Site without prior notice

1.2 We will not be held liable for any unavailability of the Site, at any time or for any duration.

1.3 You are responsible for:

  • Ensuring access to the Site

  • Ensuring any individuals using your internet connection are aware of these Terms and comply with them

1.4 You agree not to:

  • Damage, interfere with, or disrupt access to the Site

  • Perform any action that interrupts or impairs the Site’s functionality

 

2. Use of Information

2.1 The content on the Site is for general informational purposes only. While we strive to ensure accuracy, we cannot guarantee that information is complete, up-to-date, or error-free.

2.2 You must not rely solely on the content of this Site for making decisions. You acknowledge that you are responsible for verifying any information before acting on it.

2.3 We reserve the right to modify or remove content on the Site at any time without notice.

 

3. Intellectual Property Rights

3.1 All intellectual property rights on the Site, including but not limited to copyright, trademarks, design rights, database rights, and trade secrets (“Intellectual Property”), are owned or licensed by Kona Golf Hale.

3.2 You may:

  • View, print, and download material from the Site for personal, non-commercial use only

3.3 You may not:

  • Modify, reproduce, or republish content from the Site

  • Use any content for commercial purposes without our express written permission

  • Attempt to reverse engineer, disassemble, or decompile any part of the Site

All rights not explicitly granted to you in these Terms are reserved.

 

4. User Conduct

By accessing or using the Site, you agree that you will:

  • Use the Site only for lawful purposes

  • Refrain from using the Site to transmit malicious software, spam, or any illegal or harmful content

We reserve the right to restrict or terminate your access to the Site if you breach these Terms.

 

5. Monitoring

We reserve the right to monitor and track user activity on the Site to ensure compliance with these Terms and improve user experience.

 

6. Limitation of Liability

6.1 To the maximum extent permitted by law, we disclaim all liability for:

  • Any direct, indirect, or consequential loss arising from your use of or reliance on content available on the Site

  • Interruptions or errors in Site functionality

6.2 No Warranties: The Site is provided on an "as is" and "as available" basis. We make no warranties, either express or implied, regarding the accuracy, completeness, or availability of the Site.

 

7. Links to Third-Party Sites

The Site may contain links to third-party websites. We do not control or endorse these sites and are not responsible for their content, privacy practices, or availability. You access such third-party sites at your own risk.

 

8. Privacy Policy

Your use of the Site is also governed by our Privacy Policy. Please review it to understand how we collect, use, and safeguard your information.

 

9. Changes to These Terms

We may revise these Terms at any time by updating this page. Continued use of the Site after changes indicates your acceptance of the revised Terms.

 

10. Governing Law

These Terms are governed by and construed in accordance with the laws of Hawaii. Any disputes arising out of these Terms shall be subject to the exclusive jurisdiction of the courts of Hawaii.

 

11. Contact Us

If you have any questions or concerns about these Terms, please contact us at: tjreillyhawaii@yahoo.com

Terms and Conditions | Privacy Policy

Liability Waiver & Assumption of Risk

1. Definitions

“Facility” means all simulator bays, short-game areas, lounges, restrooms, hallways, parking areas, and any other space owned, leased, or controlled by Triple T Landscape Corp. DBA Kona Golf Hale.

“Activity” means any use of golf-simulator equipment or related amenities, including warm-ups, instruction, spectating, food-and-beverage service, and all movement within the Facility.

“Participant” means the individual completing the booking and every guest, spectator, family member, or minor who enters the Facility under the Participant’s booking.

2. Acknowledgment & Assumption of Risks

Participant understands and voluntarily accepts the inherent risks of the Activity, which include, but are not limited to:

  • Being struck by golf clubs or golf balls;

  • Slips, trips, and falls on artificial turf, mats, or flooring;

  • Strains or sprains from swinging a golf club;

  • Equipment malfunction or misuse;

  • Contact with simulator enclosure, walls, pillars, benches/chairs, tables and/or other persons;

  • Exposure to loud noises, bright lights, or flying objects;

  • The absence of immediate medical care;

  • The actions or negligence of other patrons or staff.

Participant assumes full responsibility for any injury, illness, or property damage, whether suffered by Participant or Participant’s guests, arising out of or in any way connected to the Activity. By entering the facility, you assume all risk and liability. Owner is not responsible for injuries, accidents and/or death. Enter at your own risk. By entering this facility you agree to adhere to this notice and assume all liabilities for you and all your guests including children and pets.

3. Release of Liability & Covenant Not to Sue

To the fullest extent permitted by Hawai‘i law, Participant releases, waives, and forever discharges Triple T Landscape Corp. DBA Kona Golf Hale, its owners, managers, employees, agents, insurers, successors, and affiliated entities (“Released Parties”) from any and all claims, demands, or causes of action for injury, illness, death, or property damage arising from or related to the Activity—even if caused by the negligence of the Released Parties.

Participant agrees not to initiate or join any lawsuit or legal action against the Released Parties for any matter covered by this Agreement.

4. Indemnification

Participant agrees to defend, indemnify, and hold harmless the Released Parties from any claim, loss, liability, or expense (including reasonable attorneys’ fees) arising out of:

  • Participant’s or Participant’s guests’ use of the Facility;

  • Any damage to the Facility or third-party property caused by Participant or Participant’s guests;

  • Any claim brought by Participant’s guests, minors, or representatives.

5. Damage & Payment Responsibility

Participant is financially responsible for all damage (intentional, negligent, or accidental) caused to simulator screens, enclosures, clubs, equipment, furnishings, or any part of the Facility. Participant authorizes Triple T Landscape Corp. DBA Kona Golf Hale to charge the credit card on file or pursue any lawful means of collection for repair or replacement costs.

6. Health & Conduct

Participant certifies that they (and their guests):

  • Are not under the influence of illegal or controlled prescription drugs that could impair safe participation;

  • Are not pregnant, or will consult a physician before participating if needed;

  • Will follow all posted rules and verbal instructions from staff;

  • Will supervise any minors in their group at all times.

Kona Golf Hale reserves the right to remove any person for unsafe or disruptive behavior with no refund.

7. Media Release

Participant grants Kona Golf Hale permission to use photographs or video taken during the Activity for promotional purposes, without compensation.

8. Governing Law & Venue

This Agreement is governed by the laws of the State of Hawai‘i. Any dispute shall be resolved exclusively in the state or federal courts located in Hawai‘i County, HI.

9. Severability

If any portion of this Agreement is held invalid, the remainder shall remain in full force.

10. Entire Agreement

This document constitutes the entire agreement and supersedes all prior discussions. Participant has read, understood, and voluntarily agreed to these terms by completing their booking.

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