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1. Contract Between You And Us
By using our Sites, PearlHarborTickets .com .net .org .us .co .me & other affiliated websites you agree to be legally bound by terms discussed herein and included through reference and that you are legally capable to do so. If you use the Sites on behalf of an entity, you must be authorized to accept these terms on behalf of the entity and that such entity agrees to indemnify you and Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC for any violations of the terms herein. You must agree to all terms to use these Sites.
These terms apply to Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC and/or its affiliates (“Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC ”) including but not limited to all of our tours, activities, products, facilities, transportation, services and websites. Additional terms and conditions may apply and in the event of a conflict, prevail over these terms. Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC reserves the right to change or modify these terms of use or any other policies of the Sites, at any time and at its sole discretion. Changes will be effective immediately upon posting revisions to the Sites even if you do not receive specific notice. Your continued use of the Sites confirms the acceptance of such terms. We encourage you to frequently review these terms.
Our rules
We provide our Service to help you find information about Travel & Tour Services and to assist you in booking those Travel & Tour Services. It is provided to you for no other purpose.You agree that: You will only use our Service for personal and non-commercial purposes you must be at least 18 years of age and have the legal authority to enter into contracts you will use our Service lawfully and in compliance with these Terms all information supplied by you is true, accurate, current and complete. if you book on behalf of others: you will obtain their authorization prior to acting on their behalf you will inform them about the terms that apply to the booking (including the Rules and Restrictions) and ensure that they agree to, and will comply with, such terms, and you will be responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking.You also agree not to: make any false or fraudulent booking access, monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service take any action that imposes, or may impose, an unreasonable or large load on our infrastructure deep link to any part of our Service “frame”, “mirror” or otherwise incorporate any part of our Service into any other website.
Access We may, acting reasonably, deny anyone access to our Service (or any other sites, apps, tools and services you have access to under your Pearl Harbor Tickets Account, as defined below) at any time for any valid reason. We may also make improvements and changes to our Service at any time.
1. Contract Between You And Us
1. When you book an Attraction, you enter into a contract directly with (a) the Service Provider or (b) a Third-Party Aggregator (if they’re reselling the Attraction), as disclosed during the booking process.
2. We act solely as the Platform and are not involved in the terms of the Service Provider/Third-Party Aggregator. We aren’t responsible for your ticket and have no liability to you in relation to your booking except as described in these Terms.
Part 2. What we will do. A. We provide the Platform on which Service Providers and (from time to time) Third-Party Aggregators can promote and sell Travel Experiences, and you can search for, compare, and book them. B. Once you’ve booked your Attraction, we’ll provide you and the Service Provider/Third-Party Aggregator (as applicable) with details of the Booking; if the Service Provider/Third-Party Aggregator needs more than your name, we’ll tell you at the time of booking. C. Depending on the terms of your booking, you may be able to change or cancel it if you want. Contact us here Part 3. What you need to do. 1. You must fill in all your contact details correctly so we and/or the Service Provider/Third-Party Aggregator (as applicable) can provide you with information about your booking and, if necessary, contact you. You must read and agree to comply with our Terms and the terms of the Service Provider/Third-Party Aggregator (which will be displayed at checkout), and acknowledge that breaching them may lead to additional charges and/or the cancellation of your booking.
4. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC Websites Content And Services
Disclaimers and Limitation on Liability. The Sites’ content and services are provided “as is” and “as available.”. We disclaim all warranties of any kind to the maximum extent permitted by applicable law, either express or implied, including and not limited to warranties or title or implied warranties of merchantability or fitness for a particular purpose, title and non-infringement as to the Sites and the information, content and materials contained therein. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC and its affiliates, directors, employees, shareholders, suppliers and officers, and agents shall not be held liable for any damages, or any other damages of any kind including but not limited to any type of loss, injury or damage arising out of or in connection with the Sites including content contributed by other companies. This includes without limitation any damages arising from reliance by a user on any information obtained from Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC or that result from mistakes, inaccuracies, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, circumstances beyond our control, communications failure, theft, destruction or unauthorized access to our records, programs or services. You agree not to hold liable Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC from and against any claims, causes of action, demands, recoveries, losses, direct, indirect, punitive or consequential damages, fines, penalties or other costs or expenses of any kind or nature. These disclaimers and limitations do not affect your rights as a consumer. They are not intended to disclaim liability that cannot be legally excluded under our country of governance.Modifications to the Site’s Content and Services
Do not assume the Site’s Content and Services are always up to date.
Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC reserves the right to modify or discontinue the Sites and information contained within including but not limited to the terms, conditions, prices, features, schedules (such as day of operation and times) and service locations offered on this website without notice, at any time and at its sole discretion.
Mobile Networks If you access our Sites and services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Copyright and Limited License
Unless expressly indicated, the Sites and all content, including but not limited to the Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC logo, all designs, text, graphics, pictures, information, data, software, sound files, other files and the layout thereof (collectively “Site Content”), are the proprietary property of Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC and protected under U.S. and international copyright laws.
You are granted a limited, non sub-licensable license to access and use Site Content for personal, informational and shopping purposes only. This license does not allow (a) resale or commercial use; (b) unauthorized distribution (c) modification or otherwise making derivative uses of Site Content (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than web browser caching) of Site Content, except where expressly permitted; (f) use of the Sites and Site Content for any thing other than its intended purpose. Any use of the Sites and Site Content other than specifically authorized with prior written permission. Such unauthorized use may also violate applicable laws. Unless explicitly stated, none of these terms shall be construed as conflicting with any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. Trademark Information “Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC” and the Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC logos are registered trademarks of Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC , Inc. All other Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the sites are the property of Pearl Harbor Tickets LLC Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC or any third party without express permission from the owner.
All rights not expressly granted are reserved. 5. Your Usage, Content And AccountEligibility
This site is not intended for use by anyone under the age of 13. If you are between 13 and 18 years old, you may only use the sites under parent or legal guardian supervision, who agrees to be bound by these Terms of Use. 6. Right To Use Your Name, Voice, Image and Likeness
By using our products and services, you grant Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC and its affiliates the irrevocable, transferable, perpetual right and license to publish, print, display, record and use (by photograph, film, tape, aural devices and any other method or device) your name, voice, image and likeness while using our services (the “Recordings”), and the use of such Recordings for any and all purposes, in any and all media now known and hereafter devised. 7. Third Party Content
Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC may provide third party content on the Sites and hyperlinks to web pages and content of third parties (collectively, “Third Party Content”) for your convenience. This inclusion does not imply affiliation, endorsement or adoption by us of any site or information contained within. We do not control third party content and can make no guarantees as to its accuracy or completeness. You agree to use such Third Party Content at your own risk.
In addition, if you navigate away from our Sites to a third party site, you are subject to the terms and conditions of use on that site. 8. User Generated Content
Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC Sites include interactive areas in which you may communicate, submit, upload or otherwise make available text, images, audio or other content (“User Generated Content”). You may not submit or upload User Generated Content that is illegal, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. You may not submit content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”.
It is your responsibility to ensure that your User Generated Content conforms to these terms and that you have the necessary rights and permissions, without the need for payment to any other person or entity, to use and authorize us to use your User Generated Content in all relevant manners. You agree to indemnify and hold us and all covered by these terms harmless from any action made against us by any third party arising out of or in connection with our use of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
By submitting User Generated Content, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also grant Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC the right to use the name that you submit in connection with such content and to use images or likeness of you with our without name for any lawful purposes, including by not limited to publicity, advertising, electronic media and other.
We reserve the right Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC but are not obligated to monitor, screen, post, remove, modify, store and review User Generated Content or communications, at any time and for any reason without notice. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users. 9. Accounts
You may have to create an account with Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC to access certain functions of the Sites. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. We reserve the right to verify the accuracy of information you provide.
We may suspend or terminate the accounts of users who fail to comply with these terms and if you engage in, encourage or advocate for illegal conduct. 10. Passwords and Security
You are responsible for taking reasonable steps to ensure confidentiality of your username and password, and for controlling all activities under your account. You agree to promptly notify us for any unauthorized use of your username, password or other account information, or of any other breach of security regarding Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC. Your security and privacy is very important to us. We have implemented measures to protect your information, please refer to our Privacy Policy for more details.
Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC Service Terms And Conditions 11. Reservations & Tickets
All reservations are subject to availability. In order for us to process your request for reservations fully, we advise placing your order for Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC tours, transportation and activities at least 48 hours before the date and time of service. For One Day Tours and Non Pearl Harbor Tickets LLC tours and activities we require a minimum of 72 hours prior to your tour or travel date. Any disability requiring special attention should be specified at the time of booking. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC will make all reasonable attempts to accommodate the needs of the disabled guest.
Tickets
You will receive a 'Pearl Harbor Tickets' standard ticket with a PearlHarborTickets.com logo (or, alternatively, a ticket from the Supplier) (in each case, a "Ticket") for each Product you Book. In order to access and print your Ticket, you will be directed to a secure webpage hosted by Pearl Harbor Tickets that contains a link to your Ticket. Certain Bookings will result in your being provided with an electronic Ticket as well as or instead of a paper Ticket.
You must provide the original, authentic Ticket to the applicable Supplier in order to redeem your Product. Your Booking cannot be honored or redeemed without presenting a valid Ticket. Ensure you read the terms and conditions relating to your Booking in order to understand what will be required by the Supplier by way of Ticket presentation.
For security purposes, when redeeming your Ticket you must present a valid photo ID and sign the Ticket. 12. Non-refundable Convenience Fee
Services purchased through Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC and Express Shuttle websites may include a non-refundable convenience fee. This fee will be displayed upon check out as a separate line item. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC does not keep this fee. It covers the cost of providing improved security and user-friendly features for online bookings. 13. Rates
Please refer to the product description and rates listed for each specific attraction, activity, tour and excursion for current price. Rates quoted may be subject to additional charges, including taxes. The final rates will be displayed once a schedule is booked. Rates are subject to change without notice. Rates may be higher during some holiday periods and additional restrictions may apply during various times of the year. Some discounts, special or promotions may not be combined with other promotions or discounts and may require a valid ID presented upon request at the tour or activity. Child rates are available for children based on the age definition specific to that product. Unless otherwise stated, children under the age of 4 years old are complimentary if they can be securely held on their guardian’s lap. We do not provide child seats. If the guardian requires a seat for the child under the age of 4, the regular rate will be applicable. Under HI Rev Stat § 291-11.5 (2011 through Reg Sess), operators of emergency, commercial and mass transit vehicles are exempt from child passenger restraints. 14. The Order Process
You will have the opportunity to review and confirm your order, including payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us.
We reserve the right to refuse or cancel any order prior to delivery. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
For Charters and group services, a separate payment policy applies. Contact Group Services for more information contact us here 15. Changes in reservations
Reservations are valid only for the date specified. When changing any part of your reservation including date, time, pick-up or drop-off location, and number of persons in the party, rates are subject to change. 16. User error
It is your responsibility to ensure that accurate information is provided at the time of booking. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC will not be responsible for mistakes made by guests. We understand that mistakes do happen. You will receive a confirmation email with details of your reservation. Please carefully review this and let us know immediately if you need to make any changes. 17. Payments
Full payment is due at reservation to secure your seat and payable in U.S. dollars unless noted otherwise. You will receive a confirmation code with each successful booking. Please keep this code handy and reference it when calling for changes or assistance.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. For the protection of our customers, Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC does not accept cash payments for most of our services. Where cash payments are accepted, reservations are all sales final. Please note that we are unable to issue refunds on cash payments. We accept credit and/or debit cards. For web orders, only credit cards are accepted. Credit cards accepted are:
International charges/payments to Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC are denominated in US Dollars (US$) when charged. Exchange rates are subject to policies of the individual card issuer.
Unauthorized Credit Card Use:
VISA
MasterCard
Discover Card
American Express Card
JCB
Diners Card
In the unlikely event of unauthorized credit card use, follow your credit card company’s reporting procedures. It is very important to promptly notify your credit card issuer immediately to minimize your liability for the unauthorized use of these cards under the Electronic Fund Transfer Act. Transactions on the external Hawaii tour reseller pages are provided through an online booking tool developed by FareHarbor, designed to provide an intuitive, secure booking process. FareHarbor adheres to all modern security best practices; including, but not limited to, solutions to harden and prevent against XSRF, XSS, SQL injection, and DDoS attacks. FareHarbor does not store or process any cardholder data. All cardholder data is encrypted and transmitted via TLS to Stripe, a Level 1 PCI compliant financial institution. All web servers, applications, and databases reside in FareHarbor’s Virtual Private Cloud (hosted by Amazon Web Services) where each node is restricted to only communicate with the IPs of other nodes in the system. All web servers, databases, and applications are setup, protected, and hardened according to AWS Security best practices.
If you have any questions about our security policy, please contact us here. 18. Delayed Or Missed Pick-Ups
Guests are advised to be at pick-up location at least 15 minutes before designated departure time. Please also provide us a 15 minute grace period for unexpected traffic conditions. Natural features & phenomena are subject to seasons or weather and are out of our control. Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC is not responsible for significant delays due to traffic, weather, road conditions, or other unexpected circumstances. We reserve the right to cancel or modify scheduled tours and activities. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC will not be responsible or liable to any individual utilizing our transportation services for delays, injury, loss, accident or damages to person or personal property beyond our control. 19. Cancellations
Please refer to the specific product pages for cancellation policies as this may differ depending on the product. Claims for refunds must be made within thirty (30) days from the date of service. No shows are subject to full charge.
On Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC with tours and activities, Cancellations made outside of 48 hours from service day is subject to a 10% cancellation fee. Please allow 10-12 working days for refunds to be processed back to your card. Cancellations made less than 48 hours from service day is non-refundable. (100% charge). No shows are subject to full charge.
On our airport shuttle service, all cancellations are subject to a 10% credit card fee. Cancellations made within 24 hours of pick-up will result in a 100% charge being incurred (NO REFUND). No refunds for cancellations or no shows that includes airfare like One Day Tours.
Reservations paid by cash are all sales final, we are unable to issue refunds for cash sales.
Once refunds have been approved, please allow 10-12 working days to see it reflected in your account. If a promo code was used to make the purchase, the amount discounted with the promo code will be forfeited and not refunded. 20. Provision Of Service
It is your responsibility to be aware of and abide by state and federal laws at all times. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC assumes no liability for guests actions while on the tour/transfer service. Please note that smoking is not allowed on any of our vehicles pursuant to Hawaii State Law HRS328J. 21. Americans With Disabilities Act
If any special accommodations are needed due to disability, please include them at the time of booking. Due to limited availability, we require that ADA vehicle reservations be made a minimum of 48 hours prior to date and time of service. We will make all reasonable attempts to accommodate the needs of the disabled traveler.
For electric wheelchairs or scooters: The combined weight of the wheelchair and guest cannot exceed 600 lbs. The usable platform is only 48 inches by 30 inches. The maximum weight that our drivers can carry into the luggage compartment is 50 lbs. 22. Luggage And Personal Items
Damaged Items If you are traveling with valuables, prescription medication, and other important personal items, please keep them with you at all times.
Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC assumes no liability for damaged baggage, except as baggage is in transit, in which case the maximum liability is $100 for any single piece and $250 for any single guest. In no case shall liability exceed the limits shown above or the cost of repair replacement or actual cash value, whichever is lower. Guests must report significant damage or loss of any personal items during the service immediately contact us here. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC reserves the right to inspect the item and determine the type and amount of reimbursement, if any, based on damages. 23. Lost Luggage and Items
Guests are responsible for their own luggage and belongings. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC assumes no liability in the event of loss or theft of such property and will not be responsible for any losses incurred as a result.
Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC is not liable for lost items left behind on any vehicle, guests are advised to check their seat carefully before disembarking and their belongings carefully before leaving. However, whenever possible, Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC does want to reunite guests with their lost items. Please contact us here in returning a left behind item must be paid for by its owner. 27. Claims And Compensation
We strongly encourage feedback on the service, both good and bad. Upon receipt of negative feedback, we will investigate and provide a resolution.
No action shall be maintained for loss or damage to a passenger’s property or for delayed or missed pickup unless notice of the claim is presented to the carrier within twenty four (24) hours of the occurrence of the loss, delay, damage or injury and unless the claim is actually filed in writing within thirty (30) days of such occurrence. All other terms and conditions are based on our filing with the Hawaii Public Utilities Commission and the Department of Transportation of the State of Hawaii. 28. Part A Additional Provisions 29. Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to us here
We will respond to claims of copyright infringement that are reported to the address above, in accordance to the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. 30. Choice of Forum
You agree that any legal action relating to these terms or Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Hawaii, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. Any disputes or claim relating to Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC, activities, products, facilities, transportation services must be taken up within 30 days of service. 31. Choice of Law
These terms are governed by and construed in accordance with the laws, rules and regulations of the United States, the State of New Hampshire, the City | County of Nashua, Hillsborough County. 32. Termination: Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC reserves the right, without notice and in its sole discretion to terminate your license to use the Sites and block or prevent your future access to, and use of, the Sites.
Severability
If any provision of these terms is deemed void for any reason enforceable, that provision shall be severable from the rest of the terms and not affect the validity or enforceability of any remaining provisions. 32. Part B Your Liability
You agree to defend and indemnify PearlHarborTickets.com and the PearlHarborTickets.com Group Companies and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to: your breach of these PearlHarborTickets.com Terms or any of the documents referenced herein;
your violation of any law, rule, regulation or guideline; your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy; your use of the Services; your Booking or use of any Product; or your negligence or willful misconduct. 33. Applicability of Arbitration Agreement 1.Subject to the terms of this Arbitration Agreement, you and PearlHarborTickets.com & Sister Sites agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of our Platform, or other services provided by PearlHarborTickets.com & Sister Sites or the support companies in connection with your use of our Platform (including the interpretation and scope of this Arbitration Agreement and the arbitrability of a Dispute, as defined herein), or your relationship with us or any subsidiary, parent, or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and PearlHarborTickets.com & Sister Sites may assert claims or seek relief in small claims court, to the extent the Dispute qualifies under applicable law and remains in small claims court; and (2) the following causes of action and, as applicable, requests for relief are exceptions to the Disputes covered by this Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this Arbitration Agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law; or (iv) any cause of action related to the unauthorized use of anything on our Platform by an automated means or automated assistant (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or that involve facts occurring before the existence of this or any prior versions of the Terms, unless those disputes were noticed prior to when these Terms took effect, as well as claims that may arise after the termination of these Terms.
34. Internal Review Procedure
A. Prior to initiating any Dispute, as discussed in the subsequent section, each party must first give the other an opportunity to resolve any complaints by submitting them in writing to the other party. Where you have a complaint, you must give PearlHarborTickets.com & Sister Sites written notice through the form available on our Dispute Resolution page (the “Internal Review Procedure”). Your message through PearlHarborTickets.com & Sister Sites’s Dispute Resolution page beginning the Internal Review Procedure must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) your reservation number, (5) the date of your reservation, (6) the name of the Service Provider with whom you booked your Travel Experience, (7) a brief description of the nature of your complaint, and (8) the resolution that you are seeking (together, the “Required Information”). Additionally, the message must start with “Request Under Arbitration Agreement.” If your message does not start with this text, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then you have not effectively begun the Internal Review Procedure, which you must do before initiating any arbitration or an action in small claims court PearlHarborTickets.com & Sister Sites. This requirement is intended to inform PearlHarborTickets.com & Sister Sites that you have a dispute to be resolved. If PearlHarborTickets.com & Sister Sites has a complaint, it will submit a written notice with the relevant Required Information to the email address you used to make your reservation. If the parties are unable to resolve the complaint within 60 days of the start of the Internal Review Procedure, either party may seek relief as laid out in this Arbitration Agreement. The Internal Review Procedure is a mandatory precondition to commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled during the Internal Review Procedure.
Waiver of Jury Trial
B. YOU AND PearlHarborTickets.com & Sister Sites HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PearlHarborTickets.com & Sister Sites are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement.” There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Waiver of Class and Other Non-Individualized Relief.
C. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection A20.9 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and PearlHarborTickets.com & Sister Sites agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New Hampshire. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or PearlHarborTickets.com & Sister Sites from participating in a class-wide or mass settlement of claims.
35. Rules and Forum
A. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration.
The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/. A party that wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration, and email address associated with the account, if applicable; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Internal Review Procedure process as described; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to PearlHarborTickets.com & Sister Sites should be sent through the form available on our Dispute Resolution page. PearlHarborTickets.com & Sister Sites will provide the Demand to your email address on file.
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a non frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”). Unless you and PearlHarborTickets.com & Sister Sites otherwise agree, or the Batch Arbitration process discussed in subsection is triggered, any in-person arbitration hearing will be conducted in Nashua, New Hampshire or, at your election, in the county where you reside or another mutually agreed location. You and we agree that, for Demands where the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless you request a hearing, or the arbitrator determines that a hearing is necessary; in that case, virtual hearings shall be preferred over in-person hearings unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired absent an in-person hearing. In the case of an in-person hearing, you and we agree that any employee of PearlHarborTickets.com & Sister Sites or its affiliate who is based outside of the United States and who is participating in the hearing may participate telephonically or by video conference. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). You and PearlHarborTickets.com & Sister Sites agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. You and PearlHarborTickets.com & Sister Sites agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
36. Arbitrator
A. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Hampshire, and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection A20.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch.
Authority of the Arbitrator
B. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void, or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall 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 award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys’ Fees and Costs
C. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred under the Fee Schedules.
Batch Arbitration
D. To increase the efficiency of administration and resolution of arbitrations, you and PearlHarborTickets.com & Sister Sites agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against PearlHarborTickets.com & Sister Sites by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably approximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be selected by the arbitrator, and one final award, which will provide for any and all relief the arbitrator determines each individual party is entitled to receive (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible. All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator may be deemed the “Administrative Arbitrator”). In an effort to expedite the resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by PearlHarborTickets.com & Sister Sites. You and PearlHarborTickets.com & Sister Sites agree to cooperate in good faith with NAM to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
37. Invalidity, Expiration
A. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Section A20.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section A20.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Nashua, New Hampshire. You further agree that any Dispute that you have with PearlHarborTickets.com & Sister Sites as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
30-Day Right to Opt Out
B. You have the right to opt out of the provisions of this Arbitration Agreement by sending a written notice through our Dispute Resolution page with the message: “Arbitration -- Opt-Out Notice”, within thirty (30) days after first becoming subject to this Arbitration Agreement (“Opt-Out Notice”). Your Opt-Out Notice must include your name and address, the email address you used to set up your PearlHarborTickets.com & Sister Sites account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and Opt-Out Notices from any third party purporting to act on your behalf will have no effect on your or PearlHarborTickets.com & Sister Sites’s rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed, and has no effect on any arbitration agreements with us you may enter in the future.
38. Modification
A. You and we agree that PearlHarborTickets.com & Sister Sites retains the right to modify this Arbitration Clause in the future. Any such changes will be posted on our Platform, and you should check for updates regularly. Your continued use of the PearlHarborTickets.com & Sister Sites “see privacy policy page" Platform and/or Services, including the acceptance of products and services offered on the Platform following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validly opt out of arbitration, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of arbitration. PearlHarborTickets.com & Sister Sites will continue to honor any valid opt-outs of the Arbitration Agreement that you made to a prior version of these Terms.
39. Governing Courts and Law
A. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in Nashua, New Hampshire (except for small claims court actions, which may be brought in the county where you reside). This Arbitration Agreement and these Terms are made under and will be governed by and interpreted in accordance with New Hampshire law, regardless of conflict of law rules. 40. Contact Us
Please contact us with any comments, questions or suggestions you might have regarding the information described in the Sites contact us here
1. Contract Between You And Us
By using our Sites, PearlHarborTickets .com .net .org .us .co .me & other affiliated websites you agree to be legally bound by terms discussed herein and included through reference and that you are legally capable to do so. If you use the Sites on behalf of an entity, you must be authorized to accept these terms on behalf of the entity and that such entity agrees to indemnify you and Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC for any violations of the terms herein. You must agree to all terms to use these Sites.
These terms apply to Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC and/or its affiliates (“Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC ”) including but not limited to all of our tours, activities, products, facilities, transportation, services and websites. Additional terms and conditions may apply and in the event of a conflict, prevail over these terms. Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC reserves the right to change or modify these terms of use or any other policies of the Sites, at any time and at its sole discretion. Changes will be effective immediately upon posting revisions to the Sites even if you do not receive specific notice. Your continued use of the Sites confirms the acceptance of such terms. We encourage you to frequently review these terms.
Our rules
We provide our Service to help you find information about Travel & Tour Services and to assist you in booking those Travel & Tour Services. It is provided to you for no other purpose.You agree that: You will only use our Service for personal and non-commercial purposes you must be at least 18 years of age and have the legal authority to enter into contracts you will use our Service lawfully and in compliance with these Terms all information supplied by you is true, accurate, current and complete. if you book on behalf of others: you will obtain their authorization prior to acting on their behalf you will inform them about the terms that apply to the booking (including the Rules and Restrictions) and ensure that they agree to, and will comply with, such terms, and you will be responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking.You also agree not to: make any false or fraudulent booking access, monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service take any action that imposes, or may impose, an unreasonable or large load on our infrastructure deep link to any part of our Service “frame”, “mirror” or otherwise incorporate any part of our Service into any other website.
Access We may, acting reasonably, deny anyone access to our Service (or any other sites, apps, tools and services you have access to under your Pearl Harbor Tickets Account, as defined below) at any time for any valid reason. We may also make improvements and changes to our Service at any time.
1. Contract Between You And Us
1. When you book an Attraction, you enter into a contract directly with (a) the Service Provider or (b) a Third-Party Aggregator (if they’re reselling the Attraction), as disclosed during the booking process.
2. We act solely as the Platform and are not involved in the terms of the Service Provider/Third-Party Aggregator. We aren’t responsible for your ticket and have no liability to you in relation to your booking except as described in these Terms.
Part 2. What we will do.
4. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC Websites Content And Services
Disclaimers and Limitation on Liability. The Sites’ content and services are provided “as is” and “as available.”. We disclaim all warranties of any kind to the maximum extent permitted by applicable law, either express or implied, including and not limited to warranties or title or implied warranties of merchantability or fitness for a particular purpose, title and non-infringement as to the Sites and the information, content and materials contained therein.
Do not assume the Site’s Content and Services are always up to date.
Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC reserves the right to modify or discontinue the Sites and information contained within including but not limited to the terms, conditions, prices, features, schedules (such as day of operation and times) and service locations offered on this website without notice, at any time and at its sole discretion.
Mobile Networks If you access our Sites and services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.
Unless expressly indicated, the Sites and all content, including but not limited to the Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC logo, all designs, text, graphics, pictures, information, data, software, sound files, other files and the layout thereof (collectively “Site Content”), are the proprietary property of Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC and protected under U.S. and international copyright laws.
You are granted a limited, non sub-licensable license to access and use Site Content for personal, informational and shopping purposes only. This license does not allow (a) resale or commercial use; (b) unauthorized distribution (c) modification or otherwise making derivative uses of Site Content (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than web browser caching) of Site Content, except where expressly permitted; (f) use of the Sites and Site Content for any thing other than its intended purpose. Any use of the Sites and Site Content other than specifically authorized with prior written permission. Such unauthorized use may also violate applicable laws. Unless explicitly stated, none of these terms shall be construed as conflicting with any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
All rights not expressly granted are reserved.
This site is not intended for use by anyone under the age of 13. If you are between 13 and 18 years old, you may only use the sites under parent or legal guardian supervision, who agrees to be bound by these Terms of Use.
By using our products and services, you grant Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC and its affiliates the irrevocable, transferable, perpetual right and license to publish, print, display, record and use (by photograph, film, tape, aural devices and any other method or device) your name, voice, image and likeness while using our services (the “Recordings”), and the use of such Recordings for any and all purposes, in any and all media now known and hereafter devised.
Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC may provide third party content on the Sites and hyperlinks to web pages and content of third parties (collectively, “Third Party Content”) for your convenience. This inclusion does not imply affiliation, endorsement or adoption by us of any site or information contained within. We do not control third party content and can make no guarantees as to its accuracy or completeness. You agree to use such Third Party Content at your own risk.
In addition, if you navigate away from our Sites to a third party site, you are subject to the terms and conditions of use on that site.
Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC Sites include interactive areas in which you may communicate, submit, upload or otherwise make available text, images, audio or other content (“User Generated Content”). You may not submit or upload User Generated Content that is illegal, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. You may not submit content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”.
It is your responsibility to ensure that your User Generated Content conforms to these terms and that you have the necessary rights and permissions, without the need for payment to any other person or entity, to use and authorize us to use your User Generated Content in all relevant manners. You agree to indemnify and hold us and all covered by these terms harmless from any action made against us by any third party arising out of or in connection with our use of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
By submitting User Generated Content, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also grant Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC the right to use the name that you submit in connection with such content and to use images or likeness of you with our without name for any lawful purposes, including by not limited to publicity, advertising, electronic media and other.
We reserve the right Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC but are not obligated to monitor, screen, post, remove, modify, store and review User Generated Content or communications, at any time and for any reason without notice. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
You may have to create an account with Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC to access certain functions of the Sites. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. We reserve the right to verify the accuracy of information you provide.
We may suspend or terminate the accounts of users who fail to comply with these terms and if you engage in, encourage or advocate for illegal conduct.
You are responsible for taking reasonable steps to ensure confidentiality of your username and password, and for controlling all activities under your account. You agree to promptly notify us for any unauthorized use of your username, password or other account information, or of any other breach of security regarding Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC. Your security and privacy is very important to us. We have implemented measures to protect your information, please refer to our Privacy Policy for more details.
Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC Service Terms And Conditions
All reservations are subject to availability. In order for us to process your request for reservations fully, we advise placing your order for Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC tours, transportation and activities at least 48 hours before the date and time of service. For One Day Tours and Non Pearl Harbor Tickets LLC tours and activities we require a minimum of 72 hours prior to your tour or travel date. Any disability requiring special attention should be specified at the time of booking. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC will make all reasonable attempts to accommodate the needs of the disabled guest.
Tickets
You will receive a 'Pearl Harbor Tickets' standard ticket with a PearlHarborTickets.com logo (or, alternatively, a ticket from the Supplier) (in each case, a "Ticket") for each Product you Book. In order to access and print your Ticket, you will be directed to a secure webpage hosted by Pearl Harbor Tickets that contains a link to your Ticket. Certain Bookings will result in your being provided with an electronic Ticket as well as or instead of a paper Ticket.
You must provide the original, authentic Ticket to the applicable Supplier in order to redeem your Product. Your Booking cannot be honored or redeemed without presenting a valid Ticket. Ensure you read the terms and conditions relating to your Booking in order to understand what will be required by the Supplier by way of Ticket presentation.
For security purposes, when redeeming your Ticket you must present a valid photo ID and sign the Ticket.
Services purchased through Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC and Express Shuttle websites may include a non-refundable convenience fee. This fee will be displayed upon check out as a separate line item. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC does not keep this fee. It covers the cost of providing improved security and user-friendly features for online bookings.
Please refer to the product description and rates listed for each specific attraction, activity, tour and excursion for current price. Rates quoted may be subject to additional charges, including taxes. The final rates will be displayed once a schedule is booked. Rates are subject to change without notice. Rates may be higher during some holiday periods and additional restrictions may apply during various times of the year. Some discounts, special or promotions may not be combined with other promotions or discounts and may require a valid ID presented upon request at the tour or activity. Child rates are available for children based on the age definition specific to that product. Unless otherwise stated, children under the age of 4 years old are complimentary if they can be securely held on their guardian’s lap. We do not provide child seats. If the guardian requires a seat for the child under the age of 4, the regular rate will be applicable. Under HI Rev Stat § 291-11.5 (2011 through Reg Sess), operators of emergency, commercial and mass transit vehicles are exempt from child passenger restraints.
You will have the opportunity to review and confirm your order, including payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us.
We reserve the right to refuse or cancel any order prior to delivery. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
For Charters and group services, a separate payment policy applies. Contact Group Services for more information contact us here
Reservations are valid only for the date specified. When changing any part of your reservation including date, time, pick-up or drop-off location, and number of persons in the party, rates are subject to change.
It is your responsibility to ensure that accurate information is provided at the time of booking. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC will not be responsible for mistakes made by guests. We understand that mistakes do happen. You will receive a confirmation email with details of your reservation. Please carefully review this and let us know immediately if you need to make any changes.
Full payment is due at reservation to secure your seat and payable in U.S. dollars unless noted otherwise. You will receive a confirmation code with each successful booking. Please keep this code handy and reference it when calling for changes or assistance.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. For the protection of our customers, Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC does not accept cash payments for most of our services. Where cash payments are accepted, reservations are all sales final. Please note that we are unable to issue refunds on cash payments. We accept credit and/or debit cards. For web orders, only credit cards are accepted. Credit cards accepted are:
International charges/payments to Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC are denominated in US Dollars (US$) when charged. Exchange rates are subject to policies of the individual card issuer.
Unauthorized Credit Card Use:
VISA
MasterCard
Discover Card
American Express Card
JCB
Diners Card
In the unlikely event of unauthorized credit card use, follow your credit card company’s reporting procedures. It is very important to promptly notify your credit card issuer immediately to minimize your liability for the unauthorized use of these cards under the Electronic Fund Transfer Act. Transactions on the external Hawaii tour reseller pages are provided through an online booking tool developed by FareHarbor, designed to provide an intuitive, secure booking process. FareHarbor adheres to all modern security best practices; including, but not limited to, solutions to harden and prevent against XSRF, XSS, SQL injection, and DDoS attacks. FareHarbor does not store or process any cardholder data. All cardholder data is encrypted and transmitted via TLS to Stripe, a Level 1 PCI compliant financial institution. All web servers, applications, and databases reside in FareHarbor’s Virtual Private Cloud (hosted by Amazon Web Services) where each node is restricted to only communicate with the IPs of other nodes in the system. All web servers, databases, and applications are setup, protected, and hardened according to AWS Security best practices.
If you have any questions about our security policy, please contact us here.
Guests are advised to be at pick-up location at least 15 minutes before designated departure time. Please also provide us a 15 minute grace period for unexpected traffic conditions. Natural features & phenomena are subject to seasons or weather and are out of our control. Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC is not responsible for significant delays due to traffic, weather, road conditions, or other unexpected circumstances. We reserve the right to cancel or modify scheduled tours and activities. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC will not be responsible or liable to any individual utilizing our transportation services for delays, injury, loss, accident or damages to person or personal property beyond our control.
Please refer to the specific product pages for cancellation policies as this may differ depending on the product. Claims for refunds must be made within thirty (30) days from the date of service. No shows are subject to full charge.
On Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC with tours and activities, Cancellations made outside of 48 hours from service day is subject to a 10% cancellation fee. Please allow 10-12 working days for refunds to be processed back to your card. Cancellations made less than 48 hours from service day is non-refundable. (100% charge). No shows are subject to full charge.
On our airport shuttle service, all cancellations are subject to a 10% credit card fee. Cancellations made within 24 hours of pick-up will result in a 100% charge being incurred (NO REFUND).
Reservations paid by cash are all sales final, we are unable to issue refunds for cash sales.
Once refunds have been approved, please allow 10-12 working days to see it reflected in your account. If a promo code was used to make the purchase, the amount discounted with the promo code will be forfeited and not refunded.
It is your responsibility to be aware of and abide by state and federal laws at all times. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC assumes no liability for guests actions while on the tour/transfer service. Please note that smoking is not allowed on any of our vehicles pursuant to Hawaii State Law HRS328J.
If any special accommodations are needed due to disability, please include them at the time of booking. Due to limited availability, we require that ADA vehicle reservations be made a minimum of 48 hours prior to date and time of service. We will make all reasonable attempts to accommodate the needs of the disabled traveler.
For electric wheelchairs or scooters: The combined weight of the wheelchair and guest cannot exceed 600 lbs. The usable platform is only 48 inches by 30 inches. The maximum weight that our drivers can carry into the luggage compartment is 50 lbs.
Damaged Items If you are traveling with valuables, prescription medication, and other important personal items, please keep them with you at all times.
Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC assumes no liability for damaged baggage, except as baggage is in transit, in which case the maximum liability is $100 for any single piece and $250 for any single guest. In no case shall liability exceed the limits shown above or the cost of repair replacement or actual cash value, whichever is lower. Guests must report significant damage or loss of any personal items during the service immediately contact us here. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC reserves the right to inspect the item and determine the type and amount of reimbursement, if any, based on damages.
Guests are responsible for their own luggage and belongings. Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC assumes no liability in the event of loss or theft of such property and will not be responsible for any losses incurred as a result.
Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC is not liable for lost items left behind on any vehicle, guests are advised to check their seat carefully before disembarking and their belongings carefully before leaving. However, whenever possible, Pearl Harbor Tickets LLC & Hawaii Safe Pay LLC does want to reunite guests with their lost items. Please contact us here in returning a left behind item must be paid for by its owner.
We strongly encourage feedback on the service, both good and bad. Upon receipt of negative feedback, we will investigate and provide a resolution.
No action shall be maintained for loss or damage to a passenger’s property or for delayed or missed pickup unless notice of the claim is presented to the carrier within twenty four (24) hours of the occurrence of the loss, delay, damage or injury and unless the claim is actually filed in writing within thirty (30) days of such occurrence. All other terms and conditions are based on our filing with the Hawaii Public Utilities Commission and the Department of Transportation of the State of Hawaii.
Notifications of claimed copyright infringement and counter notices must be sent to us here
We will respond to claims of copyright infringement that are reported to the address above, in accordance to the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws.
You agree that any legal action relating to these terms or Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Hawaii, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. Any disputes or claim relating to Pearl Harbor Tickets LLC | Hawaii Safe Pay LLC, activities, products, facilities, transportation services must be taken up within 30 days of service.
These terms are governed by and construed in accordance with the laws, rules and regulations of the United States, the State of New Hampshire, the City | County of Nashua, Hillsborough County.
Severability
If any provision of these terms is deemed void for any reason enforceable, that provision shall be severable from the rest of the terms and not affect the validity or enforceability of any remaining provisions.
You agree to defend and indemnify PearlHarborTickets.com and the PearlHarborTickets.com Group Companies and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to: your breach of these PearlHarborTickets.com Terms or any of the documents referenced herein;
your violation of any law, rule, regulation or guideline; your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy; your use of the Services; your Booking or use of any Product; or your negligence or willful misconduct.
34. Internal Review Procedure
A. Prior to initiating any Dispute, as discussed in the subsequent section, each party must first give the other an opportunity to resolve any complaints by submitting them in writing to the other party. Where you have a complaint, you must give PearlHarborTickets.com & Sister Sites written notice through the form available on our Dispute Resolution page (the “Internal Review Procedure”). Your message through PearlHarborTickets.com & Sister Sites’s Dispute Resolution page beginning the Internal Review Procedure must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) your reservation number, (5) the date of your reservation, (6) the name of the Service Provider with whom you booked your Travel Experience, (7) a brief description of the nature of your complaint, and (8) the resolution that you are seeking (together, the “Required Information”). Additionally, the message must start with “Request Under Arbitration Agreement.” If your message does not start with this text, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then you have not effectively begun the Internal Review Procedure, which you must do before initiating any arbitration or an action in small claims court PearlHarborTickets.com & Sister Sites. This requirement is intended to inform PearlHarborTickets.com & Sister Sites that you have a dispute to be resolved. If PearlHarborTickets.com & Sister Sites has a complaint, it will submit a written notice with the relevant Required Information to the email address you used to make your reservation. If the parties are unable to resolve the complaint within 60 days of the start of the Internal Review Procedure, either party may seek relief as laid out in this Arbitration Agreement. The Internal Review Procedure is a mandatory precondition to commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled during the Internal Review Procedure.
Waiver of Jury Trial
B. YOU AND PearlHarborTickets.com & Sister Sites HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PearlHarborTickets.com & Sister Sites are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement.” There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Waiver of Class and Other Non-Individualized Relief.
C. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection A20.9 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and PearlHarborTickets.com & Sister Sites agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New Hampshire. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or PearlHarborTickets.com & Sister Sites from participating in a class-wide or mass settlement of claims.
35. Rules and Forum
A. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration.
The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a non frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”). Unless you and PearlHarborTickets.com & Sister Sites otherwise agree, or the Batch Arbitration process discussed in subsection is triggered, any in-person arbitration hearing will be conducted in Nashua, New Hampshire or, at your election, in the county where you reside or another mutually agreed location. You and we agree that, for Demands where the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless you request a hearing, or the arbitrator determines that a hearing is necessary; in that case, virtual hearings shall be preferred over in-person hearings unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired absent an in-person hearing. In the case of an in-person hearing, you and we agree that any employee of PearlHarborTickets.com & Sister Sites or its affiliate who is based outside of the United States and who is participating in the hearing may participate telephonically or by video conference.
36. Arbitrator
A. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Hampshire, and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection A20.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch.
Authority of the Arbitrator
B. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void, or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall 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 award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys’ Fees and Costs
C. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred under the Fee Schedules.
Batch Arbitration
D. To increase the efficiency of administration and resolution of arbitrations, you and PearlHarborTickets.com & Sister Sites agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against PearlHarborTickets.com & Sister Sites by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably approximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be selected by the arbitrator, and one final award, which will provide for any and all relief the arbitrator determines each individual party is entitled to receive (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible. All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator may be deemed the “Administrative Arbitrator”). In an effort to expedite the resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by PearlHarborTickets.com & Sister Sites. You and PearlHarborTickets.com & Sister Sites agree to cooperate in good faith with NAM to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
37. Invalidity, Expiration
A. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Section A20.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section A20.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Nashua, New Hampshire. You further agree that any Dispute that you have with PearlHarborTickets.com & Sister Sites as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
30-Day Right to Opt Out
B. You have the right to opt out of the provisions of this Arbitration Agreement by sending a written notice through our Dispute Resolution page with the message: “Arbitration -- Opt-Out Notice”, within thirty (30) days after first becoming subject to this Arbitration Agreement (“Opt-Out Notice”). Your Opt-Out Notice must include your name and address, the email address you used to set up your PearlHarborTickets.com & Sister Sites account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and Opt-Out Notices from any third party purporting to act on your behalf will have no effect on your or PearlHarborTickets.com & Sister Sites’s rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed, and has no effect on any arbitration agreements with us you may enter in the future.
38. Modification
A. You and we agree that PearlHarborTickets.com & Sister Sites retains the right to modify this Arbitration Clause in the future. Any such changes will be posted on our Platform, and you should check for updates regularly. Your continued use of the PearlHarborTickets.com & Sister Sites “see privacy policy page" Platform and/or Services, including the acceptance of products and services offered on the Platform following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validly opt out of arbitration, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of arbitration. PearlHarborTickets.com & Sister Sites will continue to honor any valid opt-outs of the Arbitration Agreement that you made to a prior version of these Terms.
39. Governing Courts and Law
A. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in Nashua, New Hampshire (except for small claims court actions, which may be brought in the county where you reside). This Arbitration Agreement and these Terms are made under and will be governed by and interpreted in accordance with New Hampshire law, regardless of conflict of law rules.
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