Kona Kai Corp. (Kona Kai) is providing you with the following Terms and Conditions for your access and use of www.KonaKaiCorp.com. Please read this legal agreement carefully to fully understand your rights and responsibilities. By using this site you are bound by these terms and conditions. If you do not agree to these terms and conditions you must exit from and not use this website.

Occasionally, these Terms and Conditions may change without notice. These changes will be effective and binding as of the notice or the date the changes are posted on Kona Kai's website, unless a different effective date is specified. If you access our website at any time after such a change in the Terms and Conditions is posted, you will be deemed to have accepted and agreed to all of the revisions.

Emails

By providing an email address through our "Contact" form, you are consenting to Kona Kai communicating with you via email. The nature of the Internet prevents Kona Kai from guaranteeing the confidentiality of information received through websites or via email. Kona Kai will never sell your email address to a third party.

Security

You may use Kona Kai's services for lawful purposes only. You may not obtain or attempt to obtain unauthorized access to any Kona Kai services or websites, or to any other protected materials or information, through any means not intentionally made available by Kona Kai for your specific use. You may not use Kona Kai's services to post, transmit or otherwise distribute unlawful material. You may not attempt to use or distribute tools designed for compromising security or take action to compromise the security of this website.

Links to Other Websites

Kona Kai may provide links to third party websites that offer additional information and services. Inclusion of these links does not imply an endorsement by Kona Kai. Kona Kai does not have any control over third parties' use of information, nor is Kona Kai responsible for how information is collected, secured, used, and disclosed by third parties. Kona Kai makes no representations and disclaims all liability as to the content or material available at those locations, the accuracy of information and the quality of products or services provided or advertised on such third-party sites. Please read the privacy policy and security policy statements on these websites so that you can learn how the third parties may use your information.

License and Reproduction

Copyright and other laws protect all information, content and all other materials offered through Kona Kai's websites. You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in these Terms and Conditions. These Terms and Conditions grant you no right, title or interest in Kona Kai's intellectual property and create no relationship between you and Kona Kai. Except as otherwise agreed, Kona Kai grants you a limited and revocable license to access, use and navigate this website solely for your personal, non-commercial use. You are also granted a limited and revocable license to print copies of any content accessible from this website but solely for your personal, non-commercial use. You may not modify the materials and must retain all copyright and other proprietary notices contained in the materials. You may not assign or sublicense this license. Except as expressly provided above, all rights are reserved. Further, except as expressly provided above, no portion of this website, its contents or any copyright, trademark, trade name, service mark or any other proprietary information of Kona Kai displayed on this website or on any of the content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of Kona Kai. Use of any trademarks of Kona Kai as meta-tags on any third-party website is strictly prohibited. You may not co-brand this website or display this website in frames (or any of the content via in-line links) without the prior written permission of Kona Kai. You agree to cooperate with Kona Kai in causing any unauthorized co-branding, framing or linking to immediately cease.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Kona Kai, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against any claim, demand all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your breach of these Terms and Conditions or your violation of applicable laws or any rights of any third party.

You hereby acknowledge that your breach of these Terms and Conditions may result in immediate and irreparable harm to Kona Kai for which there may be no adequate remedy at law, and that Kona Kai shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through Kona Kai's websites. Your breach of the Terms and Conditions may also entitle Kona Kai to bring an action against you for any and all other remedies available at law or in equity.

Disclaimer of Warranties

THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON KONA KAI WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KONA KAI EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, CONCERNING OUR SERVICES OR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE INFORMATION OR SERVICES INCLUDED ON OUR WEBSITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KONA KAI EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS IN OR OMISSIONS FROM SERVICES, INFORMATION, OR MATERIALS. KONA KAI IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, EXCEPT TO THE EXTENT THAT SUCH WEBSITE OR LINK IS OWNED AND OPERATED BY KONA KAI OR ITS AFFILIATE(S).

UNDER NO CIRCUMSTANCE, OTHER THAN REQUIRED BY APPLICABLE CONSUMER LAW, WILL KONA KAI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE OR ANY LINKED WEBSITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. THE USER IS RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE OR OBTAINED FROM A LINKED WEBSITE.

Limitation of Liability

KONA KAI, ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS AND CONTENT PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OR INCOMPLETENESS OF INFORMATION, UNAUTHORIZED ACCESS, COMPUTER VIRUSES, MALICIOUS CODE, LOSS OF DATA, COMPATIBILITY ISSUES, OR OTHERWISE. KONA KAI WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, COST TO PROCURE REPLACEMENT SERVICES OR GOODS, OR BUSINESS OPPORTUNITIES) ARISING OUT OF YOUR ACCESS TO OR USE OF KONA KAI'S WEBSITE(S), OR ANY OTHER LINK KONA KAI PROVIDES TO ANOTHER WEBSITE, OR ANY ACTS, OMISSIONS, DEFECTS, SECURITY BREACHES, OR DELAYS, REGARDLESS OF THE BASIS OF THE CLAIM OR IF KONA KAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

KONA KAI IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF OUTSIDE VENDORS OR INFORMATION PROVIDERS, OR FOR PERFORMANCE (OR NON-PERFORMANCE) WITHIN OUTSIDE NETWORKS OR INTERCONNECTION POINTS BETWEEN KONA KAI'S WEBSITE(S) AND OTHER NETWORKS AND/OR WEBSITES THAT ARE OPERATED BY THIRD PARTIES. KONA KAI ALSO MAKES NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH OUR WEBSITE(S), AND YOU AGREE AND ACKNOWLEDGE THAT AT TIMES YOUR ABILITY TO ACCESS KONA KAI'S WEBSITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH KONA KAI WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ANY ACTION WE CONSIDER APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, KONA KAI CANNOT GUARANTEE THAT THEY WILL NOT OCCUR, AND ACCORDINGLY KONA KAI DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

KONA KAI IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND KONA KAI'S REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT OR FAILURE OF THE INTERNET.

Jurisdiction

Kona Kai operates this website from its offices within the United States of America. Kona Kai does not represent that any content on its website(s) is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. You acknowledge and agree that you are accessing this website on your own initiative, at your own risk, and are responsible for compliance with all laws.

This agreement shall be governed by and construed in accordance with the laws of the state of Arizona, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of Arizona.

Assignment

Kona Kai may assign its rights and delegate its duties under these Terms and Conditions either in whole or in part at any time, at Kona Kai's sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms and Conditions to anyone else.

Entire Agreement

This Agreement constitutes the entire agreement between Kona Kai and you with respect to your use of www.KonaKaiCorp.com and other Kona Kai websites. Any cause of action you may have with respect to your use of www.KonaKaiCorp.com and other Kona Kai websites must be commenced within one (1) year after the claim of cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions is determined to be invalid, all other provisions will remain in full force and effect.

Thank you for taking the time to review these Terms and Conditions.