Kahala Brands Terms of Use

ATTENTION: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE WITH YOUR PARENTS OR GUARDIAN.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.

USE OF WEBSITE

Kahala Franchising, L.L.C., dba Kahala Brands, authorizes you to view and download the materials at this Site, under the condition that all the information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (individually and collectively, "Content") may not be copied, distributed, republished, uploaded, posted, publicly displayed, performed or transmitted, in any way, without the prior written consent of Kahala Brands, EXCEPT only for your personal, non-commercial use and provided that you retain all copyright and other proprietary notices contained in the original Content on any copies of the Content. For purposes of these Terms of Use, any use of the Content on any other website or networked computer environment for any purpose is prohibited.

COPYRIGHTS, TRADEMARKS AND SERVICE MARKS

Unless otherwise noted, all Content and other materials on this Site are protected under copyright, trade dress, trademark and/or other intellectual property laws and are owned solely by Kahala Brands and/or its subsidiaries and affiliates or by other parties that have licensed their material to Kahala Brands. The Content on this Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark and/or other laws, in addition to being a material breach of these Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations (individually and collectively, "Marks") found on this Site. By making the Marks available on this Site, Kahala Brands is not granting you a license to use them in any manner. Access to this Site does not confer upon you any license under any of Kahala Brands or any third party's intellectual property rights. Use of Kahala Brands Marks found on this Site by users is restricted as set forth in these Terms of Use.

Kahala Brands Marks may be used publicly only with prior written permission from Kahala Brands. Fair use of Kahala Brands Marks in advertising and promotion of Kahala Brands services requires proper acknowledgment. No Kahala Brands Mark may be used as a hyperlink without Kahala Brands prior written permission.

All other names and brands are the proprietary Marks of others and may not be used without their respective owner's permission.

USER SUBMISSIONS

Kahala Brands does not accept, nor does it solicit, any product, process, ideas, innovations, suggestions, improvements or other user submissions. All remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to this Site (individually and collectively, "Communications") are assigned to, and will forever be the property of, Kahala Brands without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under Kahala Brands Privacy Policy, any Communications will be considered non-confidential and non-proprietary. Kahala Brands will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Kahala Brands operations. Kahala Brands will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.

For any Communications that cannot be legally assigned to Kahala Brands, you hereby grant Kahala Brands and its designees an unrestricted, worldwide, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that Kahala Brands is free to use any Communications, including, without limitation, any ideas, concepts, know-how or techniques included therein, that you send Kahala Brands for any purpose whatsoever without compensation to you or any other person sending the Communications. In addition, you warrant that all so-called "moral rights" with respect to the Communications have been waived.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or any other material that would violate any law, or that could give rise to any civil or criminal liability under any law.

LINKS TO THIRD PARTY WEBSITES

This Site may provide links to other third party websites or resources. Such links to third party websites on this Site are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, recommendation of or affiliation with the third party or its products and services. Kahala Brands has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Thus, Kahala Brands makes no representations whatsoever about any other website, which you may access through this Site, or any information, software or other products or materials found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you acknowledge and agree that Kahala Brands is not responsible for the availability of such websites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. It is up to you to take precautions to ensure that whatever websites or services you elect to visit or use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that Kahala Brands shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such website or resource.

DISCLAIMER

THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Kahala Brands DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THIS SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.

Kahala Brands DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WHILE Kahala Brands MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT Kahala Brands ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE CONTENT PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT Kahala Brands. Kahala Brands UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH CONTENT OR INFORMATION.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR USE OF THIS SITE.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL Kahala Brands, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, PUNITIVE SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE CONTENT OR INFORMATION OR SERVICES CONTAINED AT THIS SITE AND/OR ANY OR ALL OTHER WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Kahala Brands respects the intellectual property rights of others and expects its users to do the same. Kahala Brands will, upon receiving proper notice, act to remove or disable access to any Content or Communications alleged to infringe the copyright rights of a third party as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA). Any notifications of claimed copyright infringement must be sent to Kahala Brands at the following address: customerservice@kahalamgmt.com. When notifying Kahala Brands of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing Content or Communications, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

GENERAL TERMS

APPLICABLE LAWS

Kahala Brands, from its offices within the United States of America, controls this Site. Kahala Brands makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, and access to this Site from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Idaho, without regard to conflict of laws principles. By using this Site, and agreeing to the Terms of Use, you agree to be subject to personal jurisdiction in the federal and state courts located in Bonner County Idaho. In addition, you hereby accept and submit to the personal jurisdiction of these Idaho courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, arising in connection with or relating to, these Terms of Use.

EQUAL OPPORTUNITY

Kahala Brands is an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must submit an application.

TERMINATION

Kahala Brands, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if Kahala Brands believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon termination, you will immediately destroy any copies of Content, whether in printed or electronic format. Notices to you may be made via either email or regular mail. Kahala Brands may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on this Site.

PRIVACY

Kahala Brands recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. Kahala Brands encourages parents to supervise their children's online activities. Children 12 years old and younger may visit this Site without disclosing any personally identifiable information.

REVISIONS

Kahala Brands may make changes to the Content and services on this Site at any time, without prior notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages on this Site. The Content and services at this Site may be out of date, and Kahala Brands makes no commitment to update the Content and services at this Site.

ADDITIONAL TERMS

Certain products or services offered on this Site, whether by Kahala Brands or its partners, and certain areas within this Site may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products or services. You must agree to the Additional Terms before using those areas. The Additional Terms and these Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms of Use, the Additional Terms shall control.

WAIVER

Kahala Brands failure to enforce any part of these Terms of Use shall not constitute a waiver of any of Kahala Brands rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Kahala Brands nor the reliance of any person on Kahala Brands actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of Kahala Brands may only provide a legal waiver.

SEVERABILITY

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

INDEMNIFICATION

You agree to indemnify and hold Kahala Brands, its parent, affiliates, subsidiaries and each of their respective officers, directors, members, managers, employees, contributors, representatives, agents, successors and assigns harmless for, from and against any claims, actions, demands, threats, judgments, obligations, proceedings, injunctions, penalties, fines, fees, taxes, losses or other damages including, without limitation, attorneys' fees, expert witness fees and costs, arising from or in connection with any information or Communications you provide to Kahala Brands and/or your use of this Site.

ACCEPTANCE OF TERMS

You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.