Terms & Conditions
This Legal Statement contains the terms and conditions governing this site, www.kauaicoffee.com, and all sites of the affiliates of Massimo Zanetti Beverage USA that are linked to this site (collectively, the “Sites”). Unless otherwise stated herein, any reference to “Massimo Zanetti Beverage USA” refers to Massimo Zanetti Beverage USA and all of its affiliates.
The information on the Sites is provided as a service to Massimo Zanetti Beverage USA’s stockholders, investors, customers and vendors. This information is made available only for your personal, non-commercial use. By accessing or using any of these Sites, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement. Do not use any Site if you do not accept and agree to these terms and conditions.
Massimo Zanetti Beverage USA owns all of the Sites and owns or has rights to use all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Sites (the “Content”), and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the Sites (the “Code”). The Content and Code of the Sites are protected by copyright. Except for your personal, non-commercial use, you may not copy, distribute, modify, upload, download, transmit, re-publish, display or otherwise distribute any Code or Content for public or commercial purposes, without the prior written consent of Massimo Zanetti Beverage USA. All names, logos and trademarks that appear on the Sites are the property of Massimo Zanetti Beverage USA or are used by Massimo Zanetti Beverage USA under license. You may not use any of the foregoing for any purpose without the prior express written consent of Massimo Zanetti Beverage USA. Massimo Zanetti Beverage USA hereby grants a limited license to print media publishers to use the Logos and Product Photos found in our Image Gallery solely for the purpose of illustrating an article. Your failure to comply with this Legal Statement will constitute breach of contract and will violate Massimo Zanetti Beverage USA’s copyright, trademark and other proprietary and intellectual property rights.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Massimo Zanetti Beverage USA, its affiliates or any third party.
Use Of Information Submitted By You
Any information (other than personal information) that you communicate or submit to Massimo Zanetti Beverage USA in any form, including but not limited to feedback, data, questions, comments, product ideas, know-how, applications or suggestions, shall not be deemed confidential or proprietary, even if such information is labeled confidential or proprietary. All such communications and submissions shall be deemed the property of Massimo Zanetti Beverage USA, and your submission of such information shall constitute your assignment to Massimo Zanetti Beverage USA of all worldwide rights, title and interest in and to such information. Massimo Zanetti Beverage USA will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation and without liability. Massimo Zanetti Beverage USA will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise embody such information, without providing any notice, compensation or attribution to you.
Massimo Zanetti Beverage USA welcomes your comments and suggestions on its Sites and products, but Massimo Zanetti Beverage USA does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information to Massimo Zanetti Beverage USA, you warrant that Massimo Zanetti Beverage USA may publish such information, use it as part of its operations, and incorporate its concepts into Massimo Zanetti Beverage USA products without liability. You are prohibited from posting or transmitting to or from any Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any material that would violate any law.
Massimo Zanetti Beverage USA publishes information on its Sites as a convenience to its visitors. Except for those Sites where products may be purchased, Massimo Zanetti Beverage USA product information is provided for informational purposes only. While Massimo Zanetti Beverage USA attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Sites at any time without notice. The Massimo Zanetti Beverage USA products described in its Sites may not be available in your region. Massimo Zanetti Beverage USA does not claim that the information in the Sites is appropriate to your jurisdiction or that the products described on the Sites will be available for purchase in all jurisdictions. Although Massimo Zanetti Beverage USA has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and Massimo Zanetti Beverage USA cannot guarantee that the user’s monitor will accurately portray the actual colors of the products.
It is possible that some software that may be downloaded from the Sites is subject to government export control or other restrictions. By using any Site, you acknowledge these restrictions and agree that you are not subject to them.
Visitors assume all responsibility and risk with respect to their use of the Sites. All information contained on the Sites is provided to you “AS IS” and Massimo Zanetti Beverage USA disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Sites, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose.
Massimo Zanetti Beverage USA disclaims any duty to update its Sites or modify their Content or Code, and Massimo Zanetti Beverage USA shall not be liable for its failure to update such information. Massimo Zanetti Beverage USA does not warrant that the Sites are free of computer viruses, bugs or other harmful components and does not warrant that the functionality of the Sites will be uninterrupted or error-free.
IN NO EVENT SHALL MASSIMO ZANETTI BEVERAGE USA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, MASSIMO ZANETTI BEVERAGE USA’S SITES, EVEN IF MASSIMO ZANETTI BEVERAGE USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH ANY SITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING THE SITES.
Massimo Zanetti Beverage USA reserves the right to withdraw access to the Sites or to revise the services and products described in the Sites at any time without notice.
Massimo Zanetti Beverage USA may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions that apply to your use of the Sites.
The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.
‘Ohana Perks Rules
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW
The ‘Ohana Perks (the “Rewards Program”) is a loyalty program unique to Kauai Coffee Company (the “Participating Website”) owned or controlled by Kauai Coffee Company (the “Website Owner”) that is available only to registered users of the Rewards Program on the Participating Website (“Users”), and powered by Zinrelo. (“Platform Provider”). Users accessing and engaging with the Rewards Program in accordance with these Rewards Program Rules (the “Official Rules”) can earn Points (defined below) for activities described on the Participating Website. Points are then deposited into the User’s account and can be used to redeem rewards (“Rewards”) as outlined at a Rewards page on the Participating Website (“Rewards Site”) and/or for the purposes of allowing Users to access collectively certain Rewards Program features (“Program Features”). This includes, but is not limited to, participating in rankings, earning recognition for certain activities and other program elements as may be determined by the Website Owner from time to time at its sole discretion. The Rewards may change from time to time, without notice, at the sole discretion of the Website Owner.
ELIGIBILITY. The Rewards Program is offered only to the Website Owner’s customers who are at least 18 years of age (or the age of majority as determined by your local law, if older) and who provide and maintain a valid email address. By joining the Rewards Program, you represent that you are at least 18 years of age (or the age of majority as determined by your local law, if older). If you are under the age of 18 (or the age of majority as determined by your local law), you agree that you have obtained permission from your parent or legal guardian to be a member of the Rewards Program. When registering for the Rewards Program you agree to register only one (1) account for the purpose of accruing or earning Points. Employees (and all the members of the immediate families or households of such employees) of the Website Owner and of its parents, affiliates, and subsidiaries are ineligible
PROGRAM PARTICIPATION.The Rewards Program allows Users to earn Points while using, viewing, interacting or responding to the Participating Website, in accordance with the rules of any promotion and the earning points provisions of these Official Rules. For the purposes of the Rewards Program, “Points” mean those particular Rewards Program measurement increments, which can be used to redeem certain Rewards. Points and their values are: (a) determined by the Website Owner at its sole discretion; (b) subject to change without notice; (c) may vary among promotions; (d) are subject to approval; and (e) may be subject to a limit for the amount of Points that may be earned during a defined period and/or for specific actions as determined at the sole discretion of the Website Owner. All Points, including but not limited to earning, saving and using Points, must be used in compliance with these Official Rules. Points are not transferable and Points cannot be earned after the Rewards Program is terminated, as set forth below. Unless prohibited by law, unused Points are forfeited upon termination of the Rewards Program.
Participation in the Rewards Program constitutes acceptance of these Official Rules. These Official Rules may change, in Website Owner’s sole discretion, with or without notice to any User. The Platform Provider shall not be liable to any User or Website Owner for any changes in the Official Rules. If a change occurs, the User’s continued participation in the Rewards Program shall constitute the User’s agreement to the changes. A User may terminate participation by opting out of the Rewards Program or by notifying the Website Owner, and upon such termination the User may use Points accumulated up to the date of termination. If User opts out of the Rewards Program, Points accumulation ceases immediately and all Points accumulated prior to such opt out are forfeited, however User may rejoin the Rewards Program and commence Point accumulation at any time.
A User may have only one identity that can be used to accrue Points for the Website’s promotions. Any User or person who tries to use more than one user account, user ID or create more than one identity to obtain more Points shall be disqualified at Website Owner’s sole discretion.
EARNING POINTS. Subject to change, Users may earn a certain number of Points for particular activities or through a particular promotion through which a User is invited to participate.
Points and Point-earning activities shall be reflected in a widget displayed on the Website and/or on Facebook.com and may be recorded for review by the Website Owner. Points will be deposited within a commercially reasonable time after they are earned. Any inquiries regarding Points not correctly deposited must be received by Website Owner within fourteen (14) business days of the date of alleged accrual of Points.
To earn Points, the User must be signed into the Participating Website with the same account they signed up for the Rewards Program.
POINT REDEMPTION.Users will earn Rewards as described or through a particular promotion through which a User is invited to participate. Depending upon the Reward earned, either the User will receive the Reward from the Website Owner or from the Platform Provider directly. If a User has questions or concerns regarding their Reward, they can contact the support team of the Website Owner.
TERMINATION.This Rewards Program may terminate at Website Owner’s sole discretion. Notice of termination shall be provided to Users in the manner Website Owner deems reasonable, including but not limited to, posting such notice on the Website Owner Website, Facebook application or via email.
Points may expire, subject to applicable law. Users who have not opted out of the Rewards Program must redeem and use all Points before expiration or the effective date of termination of the Rewards Program. However, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of Website Owner or the Platform Provider.
GENERAL CONDITIONS. All federal, state and local laws and regulations apply. Taxes on Rewards if any, are the User’s sole responsibility.
TERMS.By participating in the Rewards Program, Users agree: (a) to be bound by these Official Rules and by the decisions of Website Owner, which are final on all matters pertaining to this Rewards Program, and (b) to release, indemnify and hold harmless Website Owner and Platform Provider (and their parents, affiliates, subsidiaries, related entities, divisions, distributors, wholesalers, partners, licensees, retailers, sponsors, partnerships, representatives, vendors, contractors, successors, assignees, principals, shareholders, members, directors, officers, employees and agents, and their advertising, promotion, fulfillment agencies and all other promotional partners) (collectively the “Promotional Partners”) from any liability or claims for damages from (i) altered, late, lost, damaged, destroyed, inaccurate, defaced, misdirected, mutilated, illegible, stolen, delayed, garbled, misrouted, incomplete entries or human, telephone, computer, online or technical malfunctions (including busy lines and disconnections), (ii) their participation, (iii) the awarding, acceptance, receipt, use, redemption, misuse, possession, loss or misdirection of any Points or Rewards or preparing for or participation in any related activity or (iv) all damages or injury to persons or property related to use or misuse of the Rewards Program. The Rewards Program is governed by, and these Official Rules shall be construed and interpreted pursuant to, the laws of the State of California. All federal, state and local laws and regulations apply. Website Owner and all entities involved in conducting this Rewards Program, reserve the right in their sole discretion to limit participation in the Rewards Program, assess varying Point values to Point earning opportunities, and to terminate or disqualify any User’s involvement in the Rewards Program.
Website Owner and Platform Provider are not responsible for the inability of a User to accept, redeem and/or use Rewards for any reason, including any third-party’s terms and conditions and/or the terms of business and operations for a particular entity. Normal Internet access and usage charges imposed by a User’s online service shall apply.
REWARDS PROGRAM MALFUNCTIONS AND CONDUCT.Website Owner reserves the right to modify, suspend and/or terminate the Rewards Program, without notice, in whole or in part, in the event of computer, programming, system errors or other issues which are beyond Website Owner’s control and that affect Website Owner’s ability to proceed as intended. If the Rewards Program is not capable of running as planned for any reason, including those due to: (a) infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Rewards Program; or (b) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared), Website Owner reserves the right at its sole discretion to cancel, terminate, or suspend the Rewards Program without obligation or prior notice.
LIMITATIONS OF LIABILITY. THIS REWARDS PROGRAM AND ALL REWARDS ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Website Owner and Platform Provider are not responsible or liable for: (a) incomplete or incorrect information, garbled transmissions, and telecommunications failures or service interruptions; (b) a User’s use of the Participating Website, Points or Rewards; (c) for typographical, printing or other errors in the offer or administration of the Rewards Program; (d) errors, irregularities or failures in: (i) awarding, accumulating, receiving, redeeming or using Points; (ii) advertising; or (iii) accessing the Rewards Program; (e) mistakes in or changes to the Official Rules, the selection, notification and announcement of the Points or the distribution of Rewards; (f) any direct or indirect damage(s), loss(es), expense(s) or (g) any incorrect or inaccurate information, whether caused by Participating Website’s users or by any of the equipment or programming associated with or utilized in the Rewards Program or by any technical or human error which may occur in the processing of submissions in the Rewards Program. Website Owner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft of or destruction or unauthorized access to, or alteration of, Points or Points accruing activities. Website Owner is not responsible for any problems, failures or technical malfunction of any online systems, servers or providers, computer equipment, hardware/software, players or browsers, failure of email or Points or Point accruing activities due to or resulting from technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users’ or to any other person’s computer related to or resulting from participating or downloading materials in this Rewards Program.
MISCELLANEOUS.By participating in the Rewards Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Official Rules, and to abide by and comply with these Official Rules. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions.
These Official Rules constitute the entire agreement between User and Website Owner relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between User and Website Owner with respect to such subject matter. These Official Rules may not be changed, waived or modified except by Website Owner as provided herein or otherwise by written instrument signed by Website Owner. These Official Rules and/or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by a User except with Website Owner’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense without such prior written consent shall be null and void. Website Owner may assign, transfer, or delegate these Official Rules or any right or obligation or remedy hereunder in its sole discretion.