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Kona Farm Direct Coffee
  • Kona Farm Direct Coffee
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  • Terms & Conditions

    Terms and Conditions

    The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.


    Legal Notice

    All notices from Kona Farm Direct Coffee to you may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from you to Kona Farm Direct Coffee shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at: P.O. Box 325 Holualoa, HI 96725. Delivery shall be deemed to have been made by you to Kona Farm Direct Coffee five (5) days after the date sent.


    Copyright

    All content appearing on this Web site is the property of: Kona Farm Direct Coffee P.O. Box 325 Holualoa, HI 96725. Copyright © 2014-2018 Kona Farm Direct Coffee. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2014-2018 Kona Farm Direct Coffee.

    All rights reserved.


    Trademarks

    All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Kona Farm Direct Coffee. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Kona Farm Direct Coffee or any third party, except as expressly granted herein.

    USE OF SITE

    This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Kona Farm Direct Coffee and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Kona Farm Direct Coffee believes that customer conduct violates applicable law or is harmful to the interests of Kona Farm Direct Coffee and its subsidiaries.


    1. User’s Acknowledgment and Acceptance of Terms Kona Farm Direct (“Us” or “We”) provides the Kona Farm Direct site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION  AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON  COMMENCEMENT OF YOUR USE OF THIS SITE. These Terms of Use are effective as of April 1, 2014. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of  Use. As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.


    2. Description of Services We make various services available on this site including, but not  limited to, Kona Coffee, coffee accessories, souveniers and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem and internet access (including payment of all fees associated with such access). We reserve the sole right to either modify or discontinue the site, including any of the site's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the  then-current services on this site shall also be subject to these Terms of Use.


    3. Registration Data and Privacy In order to access some of the services on this site, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.


    4. Conduct on Site Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data or other information — that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”); chain letters, any other form of unauthorized solicitation or any form of lottery or gambling; contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity including any of our employees or representatives. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not  pre-screen, monitor or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries or other interactive services that may be available on or through this site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your  Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party. In addition, you may not use your  account to breach security of another account or attempt to gain  unauthorized access to another network or server. Not all areas of the  site may be available to you or other authorized users of the site. You shall not interfere with anyone elses use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.


    5. Third Party Sites and Information This site may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either expressed or implied.


    6. Intellectual Property Information Copyright April 1, 2014 Kona Farm Direct Coffee. All Rights Reserved. For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content. By  accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the  sole property of Kona Farm Direct and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post,  transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or  obtained through, this site will not infringe the rights of third parties. See “User's Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Kona Farm Direct or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in the Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Kona Farm Direct or its Affiliates.


    7. Unauthorized Use of Materials Subject to our Privacy Policy, any communication or material that you transmit to this site or to us: whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify; and otherwise use such  material for any purpose regardless of the form or medium (now known or not currently known) in which it is issued. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes it's copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our  Designated Agent (as identified below) immediately. To be effective, the  notification must include:

    a) Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being  infringed).

    b) Identify the material that you claim is infringing the copyrighted work listed in item a) above.

    c) Provide information reasonably sufficient to permit us to contact you (email address is preferred).

    d) Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing web page or other content (email address is preferred).

    e) Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

    f) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

    g) Sign the paper.

    h) Send the written communication to the following address:

    Customer Service, Kona Farm Direct Coffee, P.O. Box 325 Holualoa, HI 96725. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United  States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.


    8. Disclaimer of Warranties ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS  AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR  TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH  MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING  OR  OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Through your use of this site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS  EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. Content available through this site often represents the opinions and judgments of an information provider, site user or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Kona Farm Direct Coffee spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on  various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.You understand and  agree that temporary interruptions of the services available through  this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the  course of the use of this site, and therefore, delays and disruption of  other network transmissions are completely beyond our control. You  understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


    9. Limitation of Liability IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD  PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


    10. Indemnification Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims and expenses; including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.


    11. Security and Password You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account.Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.


    12. Participation in Promotions From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

     

    13. E-mail, Messaging, Blogging, and Chat Services We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms. We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy. We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.


    14. International Use Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.


    15. Termination of Use You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of  the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.


    16. Governing Law This site (excluding any linked sites) is controlled by us from our offices within the Hawaii, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Hawaii, by accessing this site both of us agree that the statutes and laws of the State of Hawaii, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction  and venue any court of competent jurisdiction within the State of Hawaii  with respect to such matters.


    17. Notices All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at: orders@konafarmdirect.com or Kona Farm Direct Coffee  P.O. Box 325 Holualoa, HI 96725. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.


    18. Entire Agreement These terms and conditions constitute the entire agreement and understanding  between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take  precedence.


    19. Miscellaneous In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.


    20. Contact Information Except as explicitly noted on this site, the services available through this site are offered by Kona Farm Direct Coffee: P.O. Box 325 Holualoa, HI 96725. Our telephone number is (808) 987-2475. If you notice that any user is violating these Terms of Use please contact us at info@konafarmdirect.com.


    TERMS & CONDITIONS OF SALE

    1. Sale and Purchase of Goods Kona Farm Direct Coffee (“Seller”) hereby agrees to sell, and You (“Buyer”)  hereby agree to purchase, goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.


    2. Purchase Price Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto. 


    3. Payment Terms The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as  provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and  costs and disbursements.


    4. Delivery Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.


    5. Limited Warranty Seller supplies as its sole warranty the following: Goods purchased on the website shall be free from defects for 30 days, commencing on the date of shipment. The warranty shall last for 30 days.The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.


    6. Disclaimer of Warranty/Limitation of Liability Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied. SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE  LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT  EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD  PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF  LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER. SELLER DISCLAIMS ANY WARRANTIES OF  NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS  INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR  VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.


    7. Force Majeure Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.


    8. General Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This  Agreement may not be modified, altered or amended without the written  agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Hawaii, without giving  effect to conflicts-of-law rules; and in the event of a dispute under this  Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of Hawaii and hereby waives any objection to such  jurisdiction and venue.

    PRIVACY POLICY

    Kona Farm Direct Coffee use of personal information that you may submit to Kona Farm Direct Coffee through this Web site is governed by the Kona Farm Direct Coffee Privacy Policy.


    What information do we collect?

    We collect information from you when you register on our site, place an  order, subscribe to our newsletter, respond to a survey or fill out a  form. When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously. What do we use your information for? Any of the information we collect from you may be used in one of the following ways: a) to improve our website: we continually strive to improve our website offerings based on the information and feedback we receive from you; b) to improve customer service: your information helps us to more effectively respond to your customer service requests and support needs; c) to process transactions: Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested; d) to administer a contest, promotion, survey or other site feature; e) to send periodic emails: the email address you provide for order  processing will only be used to send you information and updates  pertaining to your order. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.


    How do we protect your information?

    We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is  transmitted via Secure Socket Layer (SSL) technology and then encrypted  into our Payment gateway providers database only to be accessible by  those authorized with special access rights to such systems, and are  required to keep the information confidential. After a transaction, your  private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.


    Do we use cookies?

    Yes. (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your  browser and capture and remember certain information. We use cookies to  help us remember and process the items in your shopping cart and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.


    Do we disclose any information to outside parties?

    We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our  business, or servicing you, so long as those parties agree to keep this  information confidential. We may also release your information when we  believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.


    California Online Privacy Protection Act Compliance

    Because we value your privacy we have taken the necessary precautions to be in  compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their shopping cart and going to the ‘Edit Profile’ page.


    Children's Online Privacy Protection Act Compliance

    We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act): we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.


    Online Privacy Policy Only

    This online privacy policy applies only to information collected through our website and not to information collected offline.


    Your Consent By using our site

    You consent to our online privacy policy.


    Changes to our Privacy Policy

    If we decide to change our privacy policy, we will post those changes on this page.

    ADDITIONAL INFORMATION

    SHIPPING AND DELIVERY

    At this time, Kona Farm Direct Coffee ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Kona Farm Direct Coffee ships merchandise to Canada and select international  locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. Kona Farm Direct ships most U.S. bound orders via USPS Priority Mail. Priority mail usually takes 3-5 days to the US West Coast and 4-7 days to the US East Coast. For orders shipping outside the United States, delivery can take between 1-4 weeks. These shipping dates are approximate. Shipping dates and times may vary. By providing your email address with your order during checkout, we will be able to email you shipping confirmation as well as a package tracking code.


    RETURNS

    Kona Farm Direct strives to continually provide you with the best Kona coffee and superior customer service. If for any reason you are unhappy with your coffee within 30 days of your purchase, we will gladly replace your beans free of charge or refund your money.


    SALES TAX

    Kona Farm Direct Coffee charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.


    VOID WHERE PROHIBITED

    Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Kona Farm Direct Coffee and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.


    GOVERNING LAW

    In the event of litigation both parties agree that the Law of the State of business registration of Kona Farm Direct Coffee shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.


    MISCELLANEOUS

    The Terms and Conditions constitute the entire agreement between you and Kona Farm Direct Coffee with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Kona Farm Direct Coffee with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Kona Farm Direct Coffee. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.