Terms of Use

Terms of Use

Terms of Use

Overview

This website is operated by Mauna Loa Macadamia Nut Corporation (“Mauna Loa”) (sometimes referred to herein as “we”, “us” and “our”). We are pleased to offer this website (the “Site”), including our online e-commerce website (“Online Store”) conditioned on your acceptance of all terms, conditions, policies, and notices stated in these Terms of Use (the “Terms”).

The Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, or merchants. Please read the Terms carefully before accessing or using our Site or purchasing our products through our Online Store. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

1. Ownership of the Site and Content

The Site and, unless noted otherwise, all the content (e.g., information, data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code), including without limitation the design, structure, and “look and feel” of the content is protected under copyright, trademark, and other intellectual property and unfair competition laws. All rights not expressly granted you are reserved by us.

2. Changes to Terms

We may periodically change any part of the Terms, so please check them from time to time as your continued use of the Site following our posting of changes will mean that you accept and agree to the changes.

3. Your Use of the Site and Online Store

By agreeing to the Terms, you represent that you are at least the age of 13.

You agree to abide by any additional terms and conditions that may apply to purchases of products from the Online Store and to specific portions or features of the Site, all of which terms are made a part of these Terms by this reference. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion or feature of the Site, the latter terms shall control with respect to your use of that portion or feature of the Site.

4. Accuracy of Information on Site

While we use commercially reasonable efforts to ensure our Site is accurate and complete for its intended purposes, we undertake no obligation to update, amend, correct, or clarify information on the Site except as required by law. You should not assume that the information provided on the Site is accurate, current, or complete. The information provided on the Site is for general information only and without warranty. In other words, any reliance on the information on the Site is at your own risk.

With that said, we reserve the right to correct any errors, inaccuracies or omissions on the Site, including the Online Store.

5. Online Store; Purchases and Products; Modifications

Our Online Store is hosted on Shopify Inc. (“Shopify”). For more information on Shopify’s terms of use and privacy policy, visit https://www.shopify.com/legal/terms and https://www.shopify.com/legal/privacy.

All products displayed on the Online Store are subject to availability. Prices for our products are quoted in U.S. Dollars.

We reserve the right to modify the products offered for sale on the Online Store in any way at any time our sole discretion. This includes, without limitation, our right to change the prices of products and to suspend, discontinue, or limit quantities of any product. We shall not be liable to you or to any third-party for any such modification.

While we take great pride in our products, we do not warrant that the quality or other characteristics of the products you purchase will meet your expectations. Additionally, we cannot guarantee that your computer monitor or other electronic device’s display of any color or image will be accurate.

Any offer for any product on the Online Store is void where prohibited. We also reserve the right to change or cancel any order you place with us. If we make a change to or cancel an order, we may notify you at the e-mail and/or billing address or phone number provided with your order.

6. Accuracy of Your Billing and Account Information

You agree to provide current, accurate, and complete billing and shipping information and account information for all purchases made at the Online Store.

7. Third-Party Links

Certain content, products, and services available via our Site may include materials from or links to third-party websites that are not under our control.

We are not responsible for the quality, nature or reliability of the third-party sites or for the content or services found on or through those sites. We provide these links to you as a convenience. The inclusion of any link does not imply endorsement or association by us.

You are responsible for reviewing and abiding by the terms of any third-party sites. Any complaints, claims, concerns, or questions regarding third-party content, products, and services should be directed to the third-party.

8. User Comments, Content, and Other Submissions

If, on your own or at our request, you submit to us comments, content, ideas, suggestions, proposals, or other materials (for example, product reviews, contest entries, recipes using our products) (collectively, “Submissions”), you agree that we may, at any time, throughout the world, and without restriction, use, reproduce, modify, display, transmit, adapt, copy, translate, publish, and distribute all or any portion of your Submissions in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.

You agree that we are under no obligation to use any of your Submissions, to maintain any of your Submissions in confidence, to pay or otherwise compensate you for your Submissions, or to respond to any of your Submissions.

9. Privacy and Security

For information about how we collect, protect and use your personal information, please see our Privacy Policy.

10. No Unlawful or Unauthorized Uses

You agree that you will not use our Site and any products purchased through the Online Store for any unlawful or unauthorized purpose, such as (a) to solicit others to perform or participate in any unlawful acts; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to copy, reproduce, duplicate, sell, resell, or exploit any portion of the Site or Online Store, or (k) to interfere with or circumvent the security features of the Site.

You acknowledge that your unlawful or unauthorized use of the Site could cause us irreparable harm and may entitle us to injunctive relief in addition to any other remedies available at law or in equity.

We reserve the right to terminate your use of the Site for any unlawful or unauthorized uses.

11. Disclaimer of Warranties

You agree that your use of, or inability to use, the Site or its content is at your sole risk. The content, products, and services you access or receive through the Site (except as expressly stated by us) are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including without limitation, implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, accuracy, and any warranties or conditions that may arise from course of dealing, course of performance or usage of trade. Some jurisdictions do not allow the disclaimer of some warranties or conditions so such disclaimers may not apply to you.

We reserve the right to do any of the following, at any time, without notice to you: (a) to modify, suspend or terminate operation of or access to the Site, or any portion or feature of the Site, for any duration of time for any reason; (b) to modify or change the Site, or any portion or feature of the Site, and any applicable policies or terms; and (c) to interrupt the operation of the Site, or any portion or feature of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

12. Limitation on Our Liability

In no event will Mauna Loa or our officers, directors, managers, members, employees, agents, directors, principals, subsidiaries, successors, assigns, contractors, suppliers, distributors, service providers, affiliates, licensors, or third parties providing information, goods, or services on or through the Site or via other channels, including without limitation, chat, phone and e-mail, be liable to any user of the Site or Online Store or any other person or entity for any injury, loss, claim, or any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to damages for loss of profits, loss of data or loss of use) arising out of your use of the Site, any information, products, or services therein, including user content, whether based upon warranty, contract, tort, or otherwise, even if we have been advised of or should have known of the possibility of such damages or losses. For those jurisdictions that restrict the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Regardless of the foregoing, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $150.

13. Indemnification

You agree to indemnify, defend and hold harmless Mauna Loa and our officers, directors, managers, members, employees, agents, directors, principals, subsidiaries, successors, assigns, contractors, suppliers, distributors, service providers, affiliates, licensors, or third parties providing information, goods, or services on or through the Site or via other channels, including without limitation, chat, phone and e-mail, for any and all unauthorized uses you may make of any material or content on the Site, for any content you submit to us or to or through the Site, or for uses of the Site that cause damage to us or to third-parties. You acknowledge that the unauthorized use of the content of the Site could cause us irreparable harm and may entitle us to injunctive relief in addition to any other remedies available at law or in equity.

14. Governing Law; Resolution of Disputes

We are based in Hawaii. These Terms are governed by the laws of the State of Hawaii, without regard to its conflict of laws rules.
YOU AND WE IRREVOCABLY AGREE TO GIVE UP ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM ARISING OR IN ANY WAY RELATED TO THIS SITE OR YOUR USE OF THE SITE.

If a dispute should arise between you and us, we want to provide you with a resolution that is efficient and cost effective. Almost all customer service disputes can be resolved by using our customer service, reachable aloha@maunaloa.com.

Any dispute between you and Mauna Loa, its officers, managers, members, employees, agents, directors, principals, successors, assigns, subsidiaries, distributors, or affiliates (collectively for purposes of this section, “Mauna Loa”) arising from or relating to your use of the Site, its contents, the Terms, and any products that you purchase through the Online Store (collectively, “Covered Disputes”), that cannot be resolved through discussion, will be settled by arbitration administrated by a recognized ADR provider and platform suitable for consumer disputes. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in a court located in Honolulu, Hawaii. You and we agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither we nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis.

Any action not covered by the arbitration provision above may only be brought in a court located in Honolulu, Hawaii, and you expressly consent to the jurisdiction of such courts for such actions and for enforcement of arbitration awards, and waive any objections you may have to such jurisdiction.

15. Severability

If any provision of the Terms is found illegal or unenforceable, the remaining terms shall continue to be fully valid, binding, and enforceable.

16. Waiver

Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.

17. Contact Information

If you have questions, suggestions, comments, or concerns about these Terms or the Site, please contact us aloha@maunaloa.com.

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