Welcome to Lani Kai Island Resort. These Terms & Conditions (“Terms”) govern your access to and use of the website located at lanikaiislandresort.com and any related subdomains, pages, and online services we operate (collectively, the “Website”), including our online gift shop. The Website is owned and operated by LANI KAI RESORT, INC. (“Lani Kai,” “we,” “us,” or “our”).
Please read these Terms carefully. By accessing or using the Website, placing an order through our online store, or otherwise engaging with our online services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, please do not use the Website.
The Website is intended for users who are at least 18 years of age, or the age of majority in their jurisdiction. By using the Website, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. If you use the Website on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms.
Room reservations for Lani Kai Island Resort and the Bay Inn at the Lani Kai are processed through one or more third-party booking platforms. When you click “Book Now” or a similar link, you may be directed to a third-party reservation system that is operated independently of this Website.
Rates, availability, deposits, check-in and check-out times, cancellation and no-show policies, occupancy limits, and all other terms applicable to your stay are presented during the booking process and are governed by the policies displayed at the time of booking, together with any policies provided to you by the resort at or before check-in. Those booking terms, and not these Terms, control your reservation and stay. We encourage you to review them carefully before completing a reservation.
This Website provides general information about the resort, its accommodations, dining venues, amenities, activities, and events. While we work to keep this information accurate and current, descriptions, images, rates, hours, menus, and availability are subject to change without notice and are provided for general informational purposes only. They do not constitute an offer or a guarantee of any particular accommodation, service, price, or experience.
Our Website may offer merchandise and other products for purchase through an online gift shop (the “Store”).
Product information. We make reasonable efforts to display products, descriptions, and prices accurately. However, we do not warrant that product descriptions, colors, images, pricing, or other content are complete, accurate, current, or error-free. Actual product colors and appearance may vary depending on your device and display.
Pricing and availability. All prices are listed in U.S. dollars and are subject to change without notice. Products are subject to availability, and we may limit quantities, discontinue products, or refuse or cancel any order at our discretion, including where we suspect fraud, pricing errors, or a violation of these Terms.
Orders. Your submission of an order constitutes an offer to purchase. All orders are subject to our acceptance. We may accept or decline an order in whole or in part. A confirmation email acknowledging receipt of your order does not signify our acceptance; acceptance occurs when we ship the product or otherwise confirm acceptance to you.
Payment. Payment is processed through third-party payment processors, which may include PayPal and other providers. By submitting payment information, you represent that you are authorized to use the payment method and you authorize us (through our processors) to charge the full order amount, including applicable taxes and shipping. We do not store full payment card numbers on our own systems; payment details are handled by our payment processors in accordance with their terms and privacy practices.
Sales tax. Applicable sales and other taxes will be added where required by law.
The following standard shipping terms apply to physical products purchased through the Store:
The following standard return and refund terms apply to physical products purchased through the Store:
The Website and its contents, including text, graphics, logos, images, photographs, video, the Lani Kai name and marks, the live beach cam feed, page layouts, and the overall look and feel, are owned by or licensed to LANI KAI RESORT, INC. and are protected by United States and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, publicly display, create derivative works from, scrape, or otherwise exploit any part of the Website without our prior written permission. All rights not expressly granted are reserved.
If the Website allows you to submit reviews, comments, photos, inquiries, or other content (“User Content”), you are solely responsible for that content. By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual, transferable, sublicensable license to use, reproduce, display, adapt, and publish that content in connection with our business and marketing.
You represent that you own or have the necessary rights to your User Content and that it does not violate any law or third-party right. We may remove or refuse to publish any User Content at our discretion. You agree not to submit content that is unlawful, defamatory, infringing, obscene, harassing, or otherwise objectionable.
You agree not to use the Website to: violate any applicable law or regulation; infringe the rights of others; transmit malware or harmful code; attempt to gain unauthorized access to our systems or other users’ accounts; interfere with or disrupt the Website; use automated means to access or harvest data without our permission; or engage in any activity that is fraudulent, deceptive, or harmful to us or others.
The Website contains links to third-party websites and services that we do not own or control, including booking platforms, payment processors, social media platforms, mapping services, an entertainment calendar, and our sister property’s website. We provide these links for convenience only. We are not responsible for the content, products, policies, or practices of any third party. Your use of third-party sites and services is governed by their own terms and privacy policies, and we encourage you to review them.
Information about beach activities, water sports (such as parasailing and jet skiing), live music, events, dining, and other amenities is provided for general informational purposes. Many activities are offered or operated by independent third-party vendors and may carry inherent risks. Participation in any activity is voluntary and at your own risk, subject to any separate waivers, terms, and conditions required by the resort or the applicable vendor.
THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, LANI KAI RESORT, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH IT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless LANI KAI RESORT, INC. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Website, your violation of these Terms, your violation of any law or third-party right, or any User Content you submit.
Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and share your information. Please review it carefully.
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above. Material changes will be effective when posted, and your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Website will be subject to the exclusive jurisdiction of the state and federal courts located in Lee County, Florida, and you consent to personal jurisdiction and venue in those courts.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms, together with our Privacy Policy and any policies referenced here, constitute the entire agreement between you and us regarding your use of the Website. You may not assign these Terms without our consent; we may assign them freely.
If you have questions about these Terms, please contact us:
LANI KAI RESORT, INC.