Effective Date: May
(“HKC”) website and other related information and services provided by us
carefully before using any of the Services. By using any of the Services, you
of Use, you may not use any of the Services.
Some Services have additional terms and conditions ("Additional
Terms"). Where Additional Terms apply to a Service, we will make
them available for you to read through prior to your use of that Service.
By using such Service, you agree to the applicable Additional Terms. In
addition, to the extent you enter or are otherwise eligible for any contest,
sweepstakes or other promotion, you may be subject to separate or additional
terms and conditions that govern such contest, sweepstakes or other promotion.
Intellectual Property Notice
Unless otherwise noted, all materials, including, without
limitation, all images, illustrations, designs, icons, photographs, video clips,
written and other materials that appear as part of the Services (collectively
"Content") are copyrights, trademarks, trade names and/or other
intellectual properties owned by or licensed to HKC. Each of the Services as a
whole is protected by copyright, trademark and all worldwide rights, titles and
interests in and to such copyright and trade marks are owned by or licensed to HKC.
All HKC trademarks appearing on or as part of the Services are registered or
common law trademarks owned by or licensed to HKC. You may download, print and
store selected portions of the Content only if you: (1) use these copies only
for your own personal, non-commercial use; (2) do not copy or post the Content
on any network or website or transmit the Content in any media whatsoever; and
(3) do not modify or alter the Content in any way, or delete or change any
copyright or trademark notice. No right, title or interest in any downloaded
Content is transferred to you as a result of any such downloading. HKC or its
licensor reserves all right, title, interest and full intellectual property
rights in any Content you download from the Services. Except as noted above,
you may not copy, download, reproduce, modify, publish, distribute, transmit,
transfer, create derivative works from or otherwise use the Content.
We welcome your comments. However, by sending us any comments,
feedback, testimonials, notes, messages, ideas, suggestions, know-how,
concepts, techniques, criticisms, reports or other communications (collectively
"Comments"), whether oral or written, you hereby grant to HKC an
irrevocable, non-exclusive, fully paid, royalty free, worldwide, sublicensable,
transferable, license to reproduce and use such Comments, in any medium now
known or hereinafter created, for any purpose whatsoever. You acknowledge and
agree that you have no expectation of compensation or confidentiality of any
nature, and that HKC has no duties to you, with respect to such Comments.
The Services may contain links to third party websites or Internet
resources that are not owned or controlled by HKC. Our provision of a link to
any other website or Internet resource is for your convenience only and does
not signify our endorsement of such other website or resource or its contents. HKC
SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION,
SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET
The prices displayed on or through the Services are quoted in U.S.
Dollars and are valid and effective only in the U.S. and for website sales.
Store prices may differ from prices shown on or through the Services.
HKC guarantees the quality of all our products. If you are unsatisfied with the quality or
condition of your order, you may return your merchandise for refund or
THE SERVICES AND ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS
AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED
WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION
WITH YOUR USE OF THE SERVICES, AND THAT SEE'S SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES.
HKC strives for its Services, Content, and other materials to be
accurate. However, from time to time, there may be information available on or
through the Services or elsewhere that contains typographical errors,
inaccuracies, or omissions that may relate to product descriptions, pricing,
and availability. HKC reserves the right to correct any errors, inaccuracies or
omissions and to change or update information at any time without prior notice
(including after you have submitted your order), which may include canceling
orders. No advertisement or product listing is a binding offer of sale. HKC
may, in its sole discretion, cancel any order at any time prior to shipping. As
the actual colors you see will depend on your monitor, we cannot and do not
guarantee that your monitor's display of any color will be accurate.
Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN
NO EVENT WILL HKC OR ITS MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, PARENTS,
SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF
LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH
PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations and disclaimers may not
apply to you. To the extent HKC may not, as a matter of applicable law,
disclaim any implied warranty or limit its liabilities, the scope and duration
of such warranty and the extent of HKC liability shall be the minimum permitted
under such applicable law.
You agree to defend, indemnify and hold harmless HKC and its
parents, subsidiaries, affiliates, members, managers, directors, employees, consultants
and agents from and against any and all claims, liabilities, damages, losses,
costs, expenses, fees (including reasonable attorneys' fees and costs) that
such parties may incur arising from or relating to your (or anyone using your
any applicable Additional Terms.
Please read our Privacy
with the laws of the State of Hawaii without regard to any choice of law or
and any Additional Terms, together with any other rules or guidelines posted in
connection with our website, constitute the entire and exclusive and final
statement of the agreement between you and HKC with respect to the subject
matter hereof, and govern your use of the Services, superseding any prior
agreements or negotiations between you and HKC with respect to the subject
matter hereof. The failure of HKC to exercise or enforce any right or provision
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of that provision, and the remainder of
dispute relating in any way to your visit to HKC’s website or use of any of our
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 binding arbitration in the State of Hawaii by a sole arbitrator
from Dispute Prevention & Resolution, Inc.
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, members, managers,
directors, employees, agents, subsidiaries, parents, predecessors, successors,
assigns, heirs or related entities.
We reserve the right, at our discretion, to change these Terms of
Use at any time. Please check this page [and the link to this page from our
homepage] periodically for changes. Those changes will go into effect on the
apply to all current and past users of the Services and will replace any prior
Effective Date: 05/05/2015
At Hawaiian King Candies (“HKC”), we respect our customers' privacy.
disclose Personal Information (defined below) and Non-Personal Information
(defined below) anytime you interact with HKC, such as when you use our websites
and other related information and services provided by us (collectively the
"Services", when you purchase HKC's products and services or call our
sales or support associates and at other times. By accessing or using the
Information We Automatically Collect
We automatically collect information that does not reflect or
reference an individually identifiable user ("Non-Personal
Information") to help us understand how our users use the Services. As is
true of most commercial websites, our Services use "cookies" and
other technologies to help us understand which parts of our website are the
most popular, where our visitors are going, how much time they spend there,
of the Services and personalize your experience. Most Web browsers are
initially set to accept cookies. If you would prefer, you can set yours to
possible that some parts of the Services will not function properly if you do
so. We also gather certain information automatically and store it in log files.
This information includes, without limitation, Internet Protocol (IP)
addresses, Web browser type, Internet Service Provider (ISP), referring/exit
pages, operating system, date/time stamp and clickstream data.
Information You Choose To Submit
We collect information that personally identifies you, such as your
name, e-mail address or billing and shipping information, or other data which can
be reasonably linked to such information ("Personal Information")
that you choose to share with us. For example, you may be required to provide
us with certain Personal Information to make a purchase, register on our
Services, request a catalog, sign up to receive HKC's e-mails and at other
times. The decision to provide this information is optional; however, if you
elect not to provide such information, you may not be able to access certain
areas of our Services. We may also receive Personal Information about you from
third parties, such as from users conducting fundraisers through the Services
and from those users' e-mail providers.
How We Use Personal And Non-Personal Information
We use Personal Information and Non-Personal Information for
internal purposes only, such as enhancing your experience using the Services;
performing administration and technical support for the Services; notifying you
about our new and existing products or services; gathering demographic
information about our user base as a whole; and processing and fulfilling your
orders and requests.
We will not sell, share or rent Personal Information to third
parties, and we will not otherwise disclose Personal Information to third
From time to time, we might establish a business relationship with
other persons or entities whom we believe trustworthy and whom we have asked to
confirm that their privacy practices are consistent with ours ("Service
Providers"). For example, we may contract with Service Providers to
provide certain services, including credit card processing, data management,
promotional services, marketing services, fulfilling customer orders,
delivering products to you, etc. We provide our Service Providers with the
information needed for them to perform these services. Each Service Provider
must agree to implement and maintain reasonable security procedures and
practices appropriate to the nature of the information involved in order to
protect your information from unauthorized access, destruction, use,
modification or disclosure.
We may combine information you give us through the Services or in
our stores. We may also combine such information with publicly available
information to enhance and personalize your shopping experience with us, to
communicate with you about our products and events that may be of interest to
you, and for other promotional purposes. We may also share or cross-reference,
or cause to be shared or cross-referenced, such information, including Personal
Information, with unrelated companies you may be interested in so that the
companies can directly market their products or services to you.
We cooperate with government and law enforcement officials and
private parties to enforce and comply with the law. We may disclose Personal
Information and any other information about you to government or law
enforcement officials or private parties if, in our discretion, we believe it
is necessary or appropriate in order to respond to legal requests (including
court orders and subpoenas), to protect the safety, property or rights of HKC’s
or of any third party, to prevent or stop any illegal, unethical or legally
actionable activity, or to comply with the law.
We also may share Personal Information and Non-Personal Information
with companies affiliated with HKC. In the event that HKC is merged, or in the
event of a sale or other transfer of our assets, we may disclose or transfer
Personal Information and Non-Personal Information in connection with such
transaction. You will have the opportunity to opt out of any such transfer if,
in our opinion, the new entity plans to handle your information in a way that
Managing Your Personal Information
ability to opt out of sharing your Personal Information with third parties for
their direct marketing purposes. To make such a request, please contact us at
the contact information below. You can contact us the same way if you have
your Personal Information.
Contact us at:
Hawaiian King Candies, LLC.
550 Paiea St., Ste. 501
Honolulu HI 96819
We use physical, electronic, and procedural safeguards to protect
the confidentiality and security of information transmitted to us, including
using SSL technology for encryption and transmittal of your order information
(including your credit card information). However, no data transmission over
the Internet can be guaranteed to be 100% secure. As a result, we cannot and do
not guarantee or warrant the security of any information you transmit on or
through the Services, and you do so at your own risk.
The safety of children online is very important to us. We do not
knowingly collect Personal Information from children under the age of 13. If we
become aware that we have inadvertently received Personal Information from a
user under the age of 13, we will delete the information as soon as possible.
Because we do not knowingly collect Personal Information from children under
the age of 13, we also do not knowingly distribute such information to third
We reserve the right, at our discretion, to change this Privacy
Policy at any time. Please check this page and the link to this page from our
homepage periodically for changes. Those changes will go into effect on the
will apply to all current and past users of the Services and will replace any
prior Privacy Policies that are inconsistent. By continuing to use the