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Hawaiian King Candies Terms and Conditions of Use
Your use of the online services available from Hawaiian King Candies and its corporate affiliates, subsidiaries, and representatives (collectively “Hawaiian King Candies”, which is also used to refer to this Web site), is subject at all times to our Terms and Conditions of Use (Terms).
We may update or revise the Terms from time-to-time, and such revision shall be effective immediately upon posting the new Terms on Hawaiian King Candies. By continuing to use Hawaiian King Candies after revised Terms are posted online, you indicate your acceptance of all revisions. If you disagree with the revisions made to the Terms, or to any of the provisions of the Terms, you must discontinue your use of Hawaiian King Candies and our online services.
II. Access and Interference
We grant you a limited, revocable and non-exclusive license to access and personally use Hawaiian King Candies for purposes of using our online services. This license does not include any sale, resale or other commercial use of Hawaiian King Candies or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Hawaiian King Candies or its contents; any downloading or copying of Hawaiian King Candies account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.
You are not allowed to download (other than page caching) or modify Hawaiian King Candies, or any portion of it, without the express written consent of Hawaiian King Candies. Except for the above license, Hawaiian King Candies or any portion of Hawaiian King Candies may not be reproduced, sold, resold, visited, or otherwise exploited without express written consent of Hawaiian King Candies. You may not use any means, including but not limited to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hawaiian King Candies or of the third parties associated with any of the product items available on Hawaiian King Candies, without express written consent of Hawaiian King Candies and the relevant third party. You may not use any meta tags or any other "hidden text" utilizing Hawaiian King Candies' name or trademarks without the express written consent of Hawaiian King Candies.
You agree that you will not use any robot, spider, scraper or other automated means to access Hawaiian King Candies for any purpose without our express written permission.
III. Proprietary Rights
Copyrights in Hawaiian King Candies are owned by Hawaiian King Candies. Hawaiian King Candies may include photographs and descriptions of products and their manufacturers or suppliers, the copyrights of which may be owned by Hawaiian King Candies or its licensors, but the copyrights in Hawaiian King Candies as a whole are owned by Hawaiian King Candies. Although the contents of Hawaiian King Candies may be viewed and cached for the purpose of shopping at Hawaiian King Candies, it may not be reproduced, distributed, altered or otherwise exploited without first obtaining the written permission of Hawaiian King Candies and its licensors. The rights in the trademarks, trade names, domain names and product names contained on Hawaiian King Candies are owned by Hawaiian King Candies or its licensors. Any use of the trademarks, trade names, domain names and product names without express written consent of Hawaiian King Candies and the owners of the brands is strictly prohibited.
All other intellectual property rights in the contents of and software for Hawaiian King Candies are owned by Hawaiian King Candies or its licensors. Misuse of any intellectual property rights is strictly prohibited. If necessary, all appropriate action will be taken to ensure the protection of Hawaiian King Candies’ rights and those of its licensors.
IV. Limitations on Warranty and Liability
HAWAIIAN KING CANDIES, ITS CONTENTS AND THE ONLINE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF HAWAIIAN KING CANDIES, AND THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON HAWAIIAN KING CANDIES. TO THE FULLEST EXTENT PERMITTED BY LAW, HAWAIIAN KING CANDIES DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, HAWAIIAN KING CANDIES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS HAWAIIAN KING CANDIES IS ACCURATE, COMPLETE OR CURRENT. ANY PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
HAWAIIAN KING CANDIES WILL NOT BE LIABLE FOR ANY LOSSES AND DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF HAWAIIAN KING CANDIES IN VIOLATION OF THESE TERMS, UNLESS SUCH DAMAGES DIRECTLY RESULTED FROM OUR INTENTIONAL ACTIONS OR OUR GROSS NEGLIGENCE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
V. Other Legal Terms
You understand and agree that the Terms, including our enforcement of the Terms, are not intended to confer, and do not confer, any rights or remedies upon any person or entity. If any part of these Terms is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of Hawaiian King Candies, and the remaining portions shall remain in full force and effect.
VI. Governing Law
The execution, validity, interpretation and exercise of these Terms and the resolution of any disputes hereunder shall be governed by the internal laws of the State of Hawaii, USA, without reference to its conflict or choice of laws principles.
VII. Dispute Resolution
By accepting the Terms, you agree and acknowledge that any dispute relating in any way to your visit to Hawaiian King Candies, or use of the online services shall be resolved by negotiation in good faith. If the negotiation does not result in resolution within 45 days of the notice, the parties shall endeavor to resolve the dispute by mediation. Any dispute which remains unresolved 90 days after appointment of a mediator, or if the parties are unable to agree on a mediator or the mediation procedures, shall be resolved by binding arbitration by a sole arbitrator in accordance with the CPR Institute for Dispute Resolution Rules for Non-Administered Arbitration, unless otherwise expressly agreed by the parties in writing. (CPR is a nationwide organization promoting “alternate dispute resolution” administered by the parties, instead of by an organization. Its rules are at www.cpradr.org.) The arbitration shall take place in Honolulu, Hawaii. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. These procedures will apply to any and all disputes that may arise between the parties or between their respective principals, officers, directors, employees, agents, subsidiaries, parents, predecessors, successors, assigns, heirs or related entities.
VIII. Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding Hawaiian King Candies, our online services and these Terms. Any information, materials, suggestions, ideas or comments sent to Hawaiian King Candies will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are expressly granting Hawaiian King Candies an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Hawaiian King Candies will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
IX. Product Availability
At Hawaiian King Candies we update our selections often to bring you the latest product innovations. Please note that the availability of merchandise shown
X. Return Policy
Hawaiian King Candies guarantees the quality of all of our products. If for some reason you are unsatisfied with your order, simply return your merchandise for a full refund.
For more than thirty years, Hawaiian King Candies has been Hawaii’s premier maker of chocolate-covered macadamia nut confections & a major producer of the highest quality macadamia nut cookies, roasted macadamia nuts, & 100% Kona coffee.
Hawaiian King Candies
550 Paiea Street
Honolulu, HI USA 96819
Ph: (808) 833-0041 x104
Fax: (808) 833-3342