TERMS OF USE POLICY

Last updated: September 7, 2021

HCA TERMS OF USE

Aloha! Welcome to the website of the Hawaii Coffee Association (“we,” “us,” or “HCA”). The following terms and conditions, together with any additional terms and conditions expressly incorporated by reference (collectively, the ‘Terms of Use”) govern your access to and use of this site (www.hawaiicoffeeassoc.org), including any content, functionality, and services offered on or through this site.

1. Acceptance of These Terms of Use

By accessing this website and its applications (collectively, the “Site”), the user (herein “you”) agrees to be bound by all such terms, conditions, and notices of these Terms of Use without limitation or qualification.  Please read these Terms of Use carefully before you start to use the Site. This Site is intended for users who are at least 13 years of age. By using the Site, you represent and warrant to us that you are of legal age to form a binding contract with HCA. If you are incapable of forming a binding contract, you must not access or use the Site unless you have the permission of, and are directly supervised by, a parent or guardian to use the Site. You must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. We reserve the right to deny access to the Site to anyone at any time.

2. Modification to Terms of Use

We reserve the right to modify and update these Terms of Use at our sole discretion from time to time without any notice to you. Please check these Terms of Use for modification periodically. Your continued use of this site after such modification to these Terms of Use shall mean that you have accepted such modification and agreed to be bound by the modified Terms of Use. All changes are effective immediately when we post them and apply to all access and use of the Site thereafter.

3. Intellectual Property Ownership and Accuracy of Content

All trademarks, copyright, database rights and other intellectual property rights in the materials on this site are owned either directly by HCA or by other third parties, and are protected by copyright laws in the United States and internationally. Without our prior written permission, you may not copy, modify, alter, publish, distribute, sell or transfer any material on this site whether in whole or in part. The information presented on the Site has been compiled by us from internal and external sources; however, no representation is made or warranty given as to the completeness or accuracy of such information. You should be aware that information provided may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the Site before you act upon it. HCA shall not be liable for any damages or injury resulting from your access to, or inability to access the Site, or from your reliance on any information provided in the Site.  The Site may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by HCA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HCA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.  HCA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  In no event shall HCA and/or its 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 the Site or with the delay or inability to use the Site, or for any information, software, products, and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if HCA and/or any of its suppliers has been advised of the possibility of damages. 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.

4. Establishing links to this Site

Unauthorized link is not allowed without written permission consent from the webmaster. 

5. Privacy Policy

HCA believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs of this site, to understand our practices.

6. Web Accessibility

HCA has created this site in careful consideration of user accessibility and usability in order to enable many visitors to make use of the site comfortably. If you require a reasonable accommodation to access the Site, please contact HCA.

7. Infringement

If you believe your work has been copied and posted on or through the Site in a way that constitutes infringement of your rights, please send us a notification of claimed infringement with the following information: (i) identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site; (iii) your contact information - address, telephone number, and, if available, email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (v) a statement by you that the information in your notification is accurate and that you are the owner or authorized to act on the owner's behalf; and (vi) your signature.  We will respond to your notification in due course after we investigate your claims.

8. User Information

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information, such as a username. It is a condition of your use of the Site that all of the information you provide on the Site is correct, current and complete.  You agree that all information you provide to register with the Site or otherwise, including but not limited to, through the use of any interactive features on the Site, is governed by HCA’s Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

9. Usage Limits

The Site is for your personal, noncommercial use only.  You agree not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site without our prior written permission.  You agree not to use any automatic device, manual process, or scraping to monitor or copy the Site or the content contained therein for any purpose without our prior written permission. You agree not to use any device, software or routine to interfere with or attempt to interfere with the proper working of the Site or any activities conducted on the Site.  You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained therein or for any other unauthorized purpose without HCA’s prior written permission.  We reserve the right to investigate any illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized framing of the Site or unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.

10. Purchases and Payment

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Hawaii General Excise Tax tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars, unless expressly agreed to by HCA.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

11. Unauthorized Use

All account information is owned by and proprietary to HCA. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or a third party have violated any provision of these Terms of Use.

12. Indemnity

You agree to defend (with counsel of our choosing), indemnify and hold harmless HCA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, and any use of the Site's content, services and products other than as expressly authorized in these Terms of Use.

13. Governing Law and Venue

These Terms of Use will be governed by the laws of the State of Hawaii without reference to its conflicts of law provisions which would result in the application of the laws of any other jurisdiction. You agree that any action or proceeding relating to or arising out of these Terms of Use will be brought in federal or state courts located in the State of Hawaii, Hawaii County, and no other. You irrevocably consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses available to you.

14. Geographic Restrictions

HCA is based in the State of Hawaii within the United States of America. We make no warranty that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may be restricted in certain jurisdictions. If you access the Site from outside the United States, you do so on your own initiative and will be responsible for compliance with local laws.

15. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

16. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

17. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

18. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

19. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Hawaii Coffee Association, P.O. Box 168, Kealakekua, Hawaii 96750. If you feel that we have not addressed your concern in a satisfactory manner, you may contact the Hawaii Department of Commerce and Consumer Affairs, Office of Consumer Protection, at 235 South Beretania Street, 8th Floor, Honolulu, Hawaii 96813, or call (808) 586-2630.

 If you have any questions about this Terms of Use Policy, please contact us at: contact@hawaiicoffeeassoc.org