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 96725-0325 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 96725-0325 Copyright © 2014-2017 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 © 2014-2017 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, souvenirs 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  their 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 people 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 express or implied.6. Intellectual Property Information Copyright   April 1, 2014 Kona Farm Direct. 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 these 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 used.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: 1. 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).2. Identify the material that you claim is infringing the  copyrighted work listed in item #1 above. 3. Provide information  reasonably sufficient to permit us to contact you (email address is  preferred). 4. 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). 5. 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.”6. 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.” 7. Sign the paper. 8. Send the written  communication to the following address:Designated Agent for Claimed  Infringement: Contact: Customer Service P.O. Box 325 Holualoa, HI 96725  (808) 987-2475. 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 the 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, if by email, or at  Kona Farm Direct Coffee  P.O. Box 325 Holualoa, HI 96725 if by  conventional mail. 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 orders@konafarmdirect.com.Terms and Conditions of Sale1. 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:o  To improve our website: We continually strive to improve our website  offerings based on the information and feedback we receive from you)o  To improve customer service: Your information helps us to more  effectively respond to your customer service requests and support needs)o  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.o To administer a contest, promotion, survey or other site feature.o  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  believerelease 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 ComplianceBecause  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 ComplianceWe  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 OnlyThis online privacy policy applies only to information collected through our website and not to information collected offline.Your ConsentBy using our site, you consent to our online privacy policy.Changes to our Privacy PolicyIf we decide to change our privacy policy, we will post those changes on this page.Shipping & DeliveryAt  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.Shipping Kona Farm Direct ships all our 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 shippingoutside  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. Miscellaneous 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.