Effective September 1, 2022
Hawaiian Host LLC and Mauna Loa Macadamia Nut Company LLC (“Hawaiian Host”, “Mauna Loa,” “we,” “us,” “our”) offers the Mac Nut Rewards Program (“Program”) to reward you for some of the things you already do: shopping for Hawaiian Host and Mauna Loa products on hawaiianhost.com and maunaloa.com (the “Site”).
Please read the following carefully. These Terms and Conditions (these “Program Terms”) are entered into by and between you and Hawaiian Host and Mauna Loa and our related entities, including Hawaiian Host LLC d/b/a Hawaiian Host Group (“Hawaiian Host”). The Program Terms govern Hawaiian Host and Mauna Loa’s relationship with members of the Program (individually, a “Member” or “you,” and collectively, “Members”). By participating in the Program or by clicking accept or agree to these Program Terms, we will understand this as your acceptance of these Program Terms and your agreement to all of its terms and conditions. By accepting these Program Terms or participating in the Program, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not agree to all of these Program Terms, you are not authorized to participate in the Program.
- Program Eligibility
- Program Enrollment
- How the Program Works
- Warranty Disclaimer
- Limitation of Liability
- Choice of Law
- Other Important Terms
- Changes to These Terms
- Contact Information
- The Program is offered at the sole discretion of Hawaiian Host and Mauna Loa. The Program is available to individuals for their personal use only and is limited to one account per individual.
- To become a Member, you must (a) be a legal resident of the fifty United States, the District of Columbia, American Samoa, Guam, Marshall Islands, Micronesia, Northern Mariana Islands, Palau, Puerto Rico, or the US Virgin Islands; (b) be 18 years of age or older and possess the legal authority to agree to these Program Terms; (c) maintain a valid email address; (d) not already be a member of the Program (i.e., you do not already have a Member account), and (e) not have been previously terminated from the Program or any rewards program from Mauna Loa or Hawaiian Host. Employees of Hawaiian Host or Mauna Loa and individuals employed by our business partners or vendors are eligible for membership in the Program for personal use only but may be excluded from certain benefits of the Program. The Program is void where prohibited by law.
- The program is intended for personal use only. Commercial use is prohibited. The Program is not targeted towards, nor intended for use by, any one under the age of 18.
- You may enroll in the Program by visiting https://www.maunaloa.com/account/login and creating a Member account. You are required to provide your name, email address, and password to enroll. You may also have the opportunity to provide your postal address and certain other information to us. You agree to complete the enrollment process by providing us with current, complete, and accurate information as requested by any forms. You further agree to maintain such information to keep it current, complete, and accurate. Member accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
- Only one Member account may be associated with a single email address. In the event of a dispute over ownership of the Member account, the Member will be deemed to be the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business entity, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address.
How the Program Works
- Earning Points. Once you have become a Member, you may earn points by purchasing Qualifying Hawaiian Host and Mauna Loa Products from the Site. “Qualifying Mauna Loa Products”or “Qualifying Hawaiian Host Products” are regularly priced merchandise only and exclude gift cards, taxes, discounts, donations, shipping and delivery fees, and other excluded charges specified by us from time-to-time. Members receive one (1) point per dollar spent on Qualifying Hawaiian Host and Mauna Loa Products. You may also earn points by performing certain actions such as leaving a review, adding photos or videos to a review, sharing certain content pertaining to Hawaiian Host and Mauna Loa through your social media accounts (i.e., Facebook, Instagram), signing up for texts, and for certain events, such as your birthday (if you provide us with you date of birth), and certain other actions or events specified by us from time-to-time. For your purchase to qualify to earn points, you must be signed into your Member account at the time of purchase. All points earned from purchases on the Site are pending until your order ships, at which time the points are fully matured and capable of redemption. Only purchases through the Site are eligible for points. Members will not receive points or benefits from purchases made at retailers. Purchases outside of the United States are not eligible for points.
- No Cash Value. There are no enrollment, participation, or membership fees associated with the Program. Points accrued in connection with the Program are promotional, have no cash value, and cannot be redeemed for cash, cash equivalent, or credit.
The Program is a tier-based program determined by the number of points a Member has earned cumulatively on Qualifying Hawaiian Host and Mauna Loa Products and through qualifying activities, beginning on the date of enrollment in the Program. There are three tiers associated with the Program:
- Māmaka Kaiao (Seed): earn 0-199 points. When you enroll in the Program, you will be placed in the Māmaka Kaiao (Seed) tier and earn 10 points for enrollment. You will also be eligible to earn 20 points on your birthday.
- Lā’au O’pio (Young Plant): earn 300-549 points. When you earn 300 points within a year, you will be moved to the Lā’au O’pio (Young Plant) tier and earn, on a one-time only basis, 50 points for entering the Lā’au O’pio (Young Plant) tier. You will continue to be eligible to earn 20 points on your birthday.
- Kumulā’au (Tree): earn 550 or more points. When you earn 550 points within a year, you will be moved to the Kumulā’au (Tree) tier and earn, on a one-time basis, 100 points for entering the Kumulā’au (Tree) tier. As a member of the Kumulā’au (Tree) tier, you will be eligible to earn double points on certain products during certain time periods as determined by Hawaiian Host and Mauna Loa from time-to-time.
- Reward Redemption. Points are redeemable toward purchases of Qualifying Hawaiian Host and Mauna Loa Products on the Site (a “Reward Redemption”). The number of points required for a Reward Redemption is determined by Hawaiian Host and Mauna Loa in its sole discretion and may be changed without prior notice to you. You may view how many points you have accumulated by signing into your Member account. Points used for a Reward Redemption will be deducted from the total points available in your Member account. Members cannot use more points than what they currently have in their account. You must be logged in to your Member account and must be in good standing in the Program to qualify for a Reward Redemption. Reward Redemptions are available only on the Site. Qualifying Hawaiian Host and Mauna Loa Product quantities may be limited, and Hawaiian Host and Mauna Loa cannot guarantee the availability of any product at any time. The products available through Reward Redemptions are intended for your personal use only. You may not sell or resell any such products. Reward Redemptions cannot be combined with any other coupon, discount, or promotion, unless otherwise expressly indicated by Hawaiian Host and Mauna Loa. Reward Redemptions from points believed to have been bartered, sold, exchanged, or issued fraudulently, or issued to someone other than the eligible Member, will be void and will not be honored. If part or all of a Reward Redemption is cancelled or voided or if the Reward Redemption is obtained through fraudulent or other activity that violates these Program Terms, points credited to your account will be decreased or reversed. Products obtained through Reward Redemptions cannot be exchanged or returned for points, another product, or a monetary refund. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Program Terms.
- Points are non-transferable and you have no property rights in or to points, Reward Redemptions, or other Program benefits.
- Taxes. Hawaiian Host and Mauna Loa cannot and does not offer tax-related advice. This section is provided for information purposes only and is not intended to constitute tax advice. Points, Reward Redemptions, and other Program benefits may be subject to income or other taxes. You are responsible for determining and fulfilling your obligations under applicable laws to report and remit any applicable taxes. Hawaiian Host and Mauna Loa are not responsible for withholding, collecting, reporting, or remitting any taxes arising from your participation in the Program including, without limitation, earning points and Reward Redemptions.
- Inactive Members. Without notice to you, Hawaiian Host and Mauna Loa reserves the right to unregister and make ineligible for Reward Redemptions or the Program any Member that has been inactive for two (2) consecutive years. Inactivity is defined as no points earned during such two (2) consecutive year period. In the event that your Member account is unregistered or rendered inactive, all accrued points in your account are void.
- Changes.Hawaiian Host and Mauna Loa may, in its sole discretion, cancel, change, suspend, or modify any aspect of the Program with or without notice. Membership in the Program may be revoked at any time.
- As a Member, you may periodically receive marketing emails form Hawaiian Host and Mauna Loa about the Program. You may opt-out of these marketing emails at any time by clicking the “unsubscribe” option in the communication itself or by contacting us at the information in the Contact Informationsection below. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your Member account or orders placed through the Site.
- You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your participation in the Program; (ii) your breach or violation of any these Program Terms; (iii) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
- THE PROGRAM is provided on an “as is” and “as available” basis without warranty or condition of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE PROGRAM AND ALL INFORMATION AND CONTENT provided through the program.
- No information or advice obtained through the Program, or affirmation by us, by words or actions, shall constitute a warranty.
- Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
Limitation of Liability
- IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY, OR LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE PROGRAM OR YOUR PARTICIPATION THEREIN OR THESE PROGRAM TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF HAWAIIAN HOST AND Mauna Loa, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Your sole remedy for dissatisfaction with the Program, including, without limitation, content or products offered through the Program, is to stop participating in the Program. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Program, as well as by reason of any information or advice received through or advertised in connection with the Program.
- In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Program Terms, your participation in the Program, or your use of Reward Redemptions or other benefits must be brought within one year after such claim or cause of action arises or be forever barred.
- THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HAWAIIAN HOST AND MAUNA LOA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON HAWAIIAN HOST AND MAUNA LOA’S CHOICE OF LAW PROVISION SET FORTH BELOW.
- If you are a California resident, you waive California Civil Code Section 1542, which states, in part “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
- We may terminate these Program Terms, deactivate your account, reduce your point balance to zero, and/or terminate your participation in the Program immediately, without prior notice or liability, if (i) you commit any breach of these Program Terms, (ii) we discontinue the Program, and (iii) we are prevented from providing the Program for any reason. Furthermore, we reserve the right to prohibit a Member from participating in any aspect of the Program if we deem or suspect that such Member has engaged in or attempted to engage in the following: (a) violating these Program Terms; (b) damaging, tampering with, or corrupting the operation of the Program or Site; (c) engaging in conduct that annoys, harasses, or is abusive toward any other person; (d) engaging in conduct that is unlawful, fraudulent, or malicious; or (e) activity that Hawaiian Host and Mauna Loa deems, in it sole discretion, is inconsistent with the operation of the Program.
- Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Program, your account, and/or your participation in the Program at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.
- On termination of these Program Terms for any reason: (i) all rights granted to you under these Program Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Program Terms (including your participation in the Program), and (iii) you acknowledge that we may terminate your participation in the Program. Sections 5–10 will survive termination or expiration of these Terms.
Choice of Law
- These Program Terms and any matter arising out of or relating to these Program Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of Hawaii in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of Hawaii or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Program Terms.
Other Important Terms
- Assignment. The rights granted to you under these Program Terms may not be assigned without Hawaiian Host and Mauna Loa’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
- Severability. If any part of these Program Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Program Terms shall be given full force and effect.
- Waiver. Our failure to enforce any provision of these Program Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Hawaiian Host and Mauna Loa of any provision, condition, or requirement of these Program Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.
- Equitable Remedies. You acknowledge and agree that Hawaiian Host and Mauna Loa would be irreparably damaged if the terms of these Program Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Program Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. These Program Terms, including the documents referenced in these Program Terms, constitutes the entire agreement between you and Hawaiian Host and Mauna Loa with respect to the Program and supersedes any and all prior agreements between you and Hawaiian Host and Mauna Loa relating to the Program.
- Transfer. We may transfer our rights and obligations under these Program Terms to another organization, but this will not affect your rights or our obligations under these Terms.
Changes to These Terms
- We reserve the rights, at our sole discretion, to amend these Program Terms at any time. As applicable, we will notify you of material changes to these Program Terms via email or next time you log into your Member account. We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Program (or any part of it) with or without notice.
- If you have any questions or comments relating to the Program or these Program Terms, please contact us at firstname.lastname@example.org or email@example.com.