ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THESE TERMS OR THE WEBSITE, PLEASE CONTACT US AT ALL4HAWAII@HAWAIIANHOSTGROUP.COM OR VIA OUR CONTACT US PAGE
NOTICE REGARDING DISPUTE RESOLUTION. THESE TERMS CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE ALL4HAWAII CHALLENGE WEBSITE, INCLUDING ANY TRANSACTIONS CONDUCTED OVER THE WEBSITE, WILL BE RESOLVED FOR EXAMPLE, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT YOU AND WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Warranty Disclaimers and liability limitations. While there are significant points throughout these Terms, please note these Terms contain important limitations on our liability.
Your Acceptance of These Terms
Other Sources of Terms and Conditions
Certain provision of the Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Website, and, additionally in order to participate in or use certain services, promotions, sweepstakes, auctions, discounts or coupons that may be run from time to time with respect to the Website, you may be required to agree to additional or different terms and conditions. Some offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the donors, vendors or other merchants that issued, sponsored, or are associated with the offer or the exclusion of merchandise from an offer which shall also be part of the additional terms. Certain merchandise, shipping methods, costs or membership programs, and/or delivery times may be modified or not available in connection with an offer. Your redemption of the offer or use of such pages constitutes your unconditional acceptance of the additional terms. If there is an actual conflict between these Terms and any additional terms, the additional terms shall control and the non-conflicting provisions in these Terms will continue to apply.
Under these Terms, unless otherwise prohibited by law, any offer: (a) is valid only in the manner and according to the terms identified in the offer and not otherwise; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one offer per person, household, or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value added service. In addition, some offers may be in the form of a voucher. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any offer or associated order, without prior notice, even after you have attempted to redeem the offer or placed your associated order.
Your Use of the Website
The content and information posted by us on the Website may be used only for informational, personal or other purposes authorized by us. By accessing and using the Website, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law, rule or regulation. While we may offer merchandise or experiences that are appropriate for children's use, this merchandise/experience is intended for awarding to adults only through the sweepstakes or auction process. The Website is not targeted toward children under the age of 13. The Website are intended for use by residents of the United States. Use of and access to the Website is void where prohibited.
Unauthorized Use Prohibited
You may not use the Website for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms may immediately and automatically terminate your right to use and access the Website and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Website. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Website include, but are not limited to:
- Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Website without our prior written consent;
- Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
- Using a framing or similar technique without our prior written permission;
- Creating or maintaining any link from another website to any page on the Website without our prior written permission;
- Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Covering or obscuring the banner advertisements on the Website, if any, via HTML/CSS or any other means;
- Any automated use of any system, such as using scripts to alter content;
- Interfering with, disrupting, or burdening the Website or the networks, systems or services connected to the Website;
- Using any automated system or software to extract data from the Website for commercial purposes (including "screen scraping");
- Attempting to impersonate another user or person at checkout or otherwise;
- Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
- Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website;
- Using the Website for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
- Attempting to include any of the following in merchandise that is offered for sale through the Website and that permits user-added content (e.g., a personalized logo items): (i) images that contain obscene, profane, pornographic or otherwise objectionable content; (ii) images, names or likenesses owned by any third party without such third party's authorization; (iii) any images of a person who has current or remaining collegiate athletic eligibility; or (iv) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness; or
- Using the Website in a manner inconsistent with any applicable law, rule or regulation.
Links to Third Party Sites; Advertisers
Products, Content and Specifications
The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Website by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Website, and product packaging and material may contain additional or different information. Always read labels, warnings, directions or other materials provided with the product before using. In addition, we may make changes to information about price, availability or other product attributes without notice. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them).
Placing an Order; Limitations; Order Acceptance
By placing an participating in an auction or sweepstakes, you agree that the products offered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law and that you have the right to use any payment method that you provide to use.
We reserve the right, without prior notice, to limit any product or service, to refuse service to any customer, or to cancel any order, for any reason including after it is submitted. Auctions and sweepstakes may additionally be canceled or amended in accordance with their rules. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order, prize or winning bid. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. With respect to the shipment of products and services sold or awarded through the Website, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) in regard to the possession or use of any item purchased from the Website. Please review the sweepstakes terms and all other Website terms for additional terms which are applicable to the particular product or experience that you are engaging with.
All content of the Website (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws. Names, logos, taglines, icons and marks on the Website are the exclusive property of us and our co-sponsors and/or used under agreement by the owner, all rights reserved, and may not be used by you without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Website is the property of its respective owner. We reserve all rights not expressly granted in and to the Website' content and services.
Unsolicited Ideas Not Accepted
We do not accept any unsolicited ideas to this Website including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant us an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE WEBSITE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS WEBSITE IS MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE WEBSITE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
These Terms shall remain in full force and effect while you use or access the Website or have an account with the Website. Terms and conditions that reasonably may be interpreted as surviving, shall survive any termination of these Terms.
You agree to defend, indemnify and hold us, our subsidiaries, affiliates, co-sponsors (including Central Pacific Bank Foundation, Foodland Supermarkets, Limited, AIO Digital, LLC dba Upspring and Library) suppliers, service providers, advertisers, promotional partners, donors and licensors and each of their respective officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of (1) your use of the Website in violation of these Terms and/or arising from a breach of these Terms (including, without limitation, any breach of your representations and warranties set forth herein) (2) any allegation that any content or other material you have submitted or transmitted to the Website infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; (3) your violation of applicable law, and / or (4) your activities or omissions in connection with the Website.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE WEBSITE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE WEBSITE, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
LIMITATION ON LIABILITY
IN NO EVENT SHALL THE WE OR OUR CO-SPONSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, EVEN IF THE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR CO-SPONSORS BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES OR DONATED TO US IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.
Third Party Transactions
Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third 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 third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Website. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
These Terms and your use of the Website will be governed by federal and Hawaii law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Website.
Mandatory Arbitration for Disputes; No Class Action
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use or accessing the Website or offers contained in or through the Website constitutes your acceptance of this Arbitration provision.
As a condition of using the Website, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Website (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of Dispute Resolution and Prevention, Inc., Honolulu, Hawaii or an equivalent arbitration forum agreed to between the parties, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages.
You may seek arbitration of a Claim by contacting us at firstname.lastname@example.org. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Honolulu, Hawaii (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.