Boyd Gaming/Vacations-Hawaii® Web Site
Terms and Conditions

AGREEMENT BETWEEN CUSTOMER AND VACATIONS-HAWAII
This Web site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and noncommercial use. You may only use this Web site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Web site. You may not use any ”robot”, “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site. You agree that you will not take any action that imposes a burden or load on our infrastructure that we deem in our sole discretion to be unreasonable or disproportionate to the benefits we obtain from your use of the site.

AGE AND RESPONSIBILITY
If you use this Web site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Web site and to create binding legal obligations for any liability you may incur as a result of the use of this Web site. You understand that you are financially responsible for all uses of this site by you and those using your login information.

COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2001 Vacations-Hawaii and its licensors. All rights reserved.

WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOYD GAMING CORPORATION, VACATIONS-HAWAII, THEIR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.

BOYD GAMING CORPORATION, VACATIONS-HAWAII, THEIR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BOYD GAMING CORPORATION, VACATIONS-HAWAII, THEIR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY AND NONINFRINGEMENT.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions.

PRIVACY
You have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by us and/or our third party providers and distributors in accordance with the terms of and for the purposes set forth in our Privacy Policy.

LINKS TO THIRD-PARTY SITES, USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS
If this Web site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following: This Web site may contain hyperlinks to Web sites operated by parties other than Vacations-Hawaii or Boyd Gaming Corporation. Such hyperlinks are provided for your reference only. Vacations-Hawaii and Boyd Gaming Corporation do not control such Web sites and are not responsible for their contents. The inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites by Vacations-Hawaii or Boyd Gaming Corporation or any association with their operators.

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's Computer.
• Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
• Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
• Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by Vacations-Hawaii or Boyd Gaming Corporation or their affiliates, and such communications shall not be considered reviewed, screened, or approved by Vacations-Hawaii or Boyd Gaming Corporation or their affiliates. Vacations-Hawaii and Boyd Gaming Corporation reserve the right for any reason to remove, without notice, any content of the Forums received from users, including, without limitation, bulletin board postings. Vacations-Hawaii and Boyd Gaming Corporation reserve the right to deny in their sole discretion any user access to this Web site or any portion thereof without notice.

SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site ("Software") is the copyrighted work of Vacations-Hawaii, Boyd Gaming Corporation, their affiliates, and/or their respective suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, Vacations-Hawaii and Boyd Gaming Corporation hereby grant to you, the user, a personal, nontransferable license to use the Software for viewing and
otherwise using this Web site in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Web site, is owned by Vacations-Hawaii or Boyd Gaming Corporation or their affiliates and respective suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

SERVICE HELP
If you have questions or problems with this Web site, please contact Vacations-Hawaii.

MODIFICATION OF THESE TERMS AND CONDITIONS
Vacations-Hawaii and Boyd Gaming Corporation reserve the right to change the terms and conditions under which this Web site is offered at any time. Your continued use of this Web site constitutes your acceptance of such modified terms and conditions.

LIMITATION OF LIABILITY
IN NO EVENT SHALL BOYD GAMING CORPORATION, VACATIONS-HAWAII, THEIR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BOYD GAMING CORPORATION, VACATIONS-HAWAII, THEIR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, WE OR ANY THIRD PARTY PROVIDER OR DISTRIBUTOR SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS WEB SITE OR ITS CONTENT, THE LIABILITY OF BOYD GAMING CORPORATION, VACATIONS-HAWAII, THEIR AFFILIATES, AND THEIR THIRD PARTY PROVIDERS AND DISTRIBUTORS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SUBSCRIPTION FEE AND SERVICE CHARGE FOR ACCESSING THIS WEB SITE, OR (B) US$100.00. IN OUR SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO US AND WITHOUT ANY LIABILITY WHATSOEVER, WE AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT YOUR ACCESS TO ANY COMPONENT OF THIS SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You shall defend and indemnify Boyd Gaming Corporation, Vacations-Hawaii, and their affiliates and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.

GENERAL
This agreement is governed by the laws of the State of Nevada, U.S.A. [Alt. 1 - You hereby consent to the exclusive jurisdiction and venue of courts in Clark County, Nevada, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.] [Alt. 2 – Any controversy or claim arising out of or relating to these terms and conditions, the Web site or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Clark County, Nevada, U.S.A., and judgment on the arbitration award may be entered into any court having jurisdiction thereof.]

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vacations-Hawaii or Boyd Gaming Corporation as a result of this agreement or use of this Web site.

Performance of this agreement by Vacations-Hawaii and/or Boyd Gaming Corporation is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right of Vacations-Hawaii or Boyd Gaming Corporation to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Vacations-Hawaii or Boyd Gaming Corporation with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the customer and Vacations-Hawaii and Boyd Gaming Corporation with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Vacations-Hawaii and Boyd Gaming Corporation with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.