USE OF KONA COFFEE AND COMPANY WEBSITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Kona Coffee and Company hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Kona Coffee and Company in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Kona Coffee and Company in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Kona Coffee and Company in advance. Kona Coffee and Company reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Kona Coffee and Company believes that customer conduct violates applicable law or is harmful to Kona Coffee and Company's interests. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, video clips, and software (collectively, "content"), belongs exclusively to Kona Coffee and Company or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Kona Coffee and Company or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. KONA COFFEE AND COMPANY and other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Kona Coffee and Company, its suppliers or third parties. The use of any Kona Coffee and Company trademark or service mark without the express written consent of Kona Coffee and Company is strictly prohibited. You may not use any Kona Coffee and Company trademark or service mark in any way that is likely to cause confusion. You may not use Kona Coffee and Company's trademarks or service marks that in any way disparages or discredits Kona Coffee and Company.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

DISCLAIMER AND LIMITATION OF LIABILITY

This site, the products offered for sale on it and the transactions conducted through it are provided by Kona Coffee and Company on an "as is" basis. Kona Coffee and Company makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Kona Coffee and Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. Kona Coffee and Company does not warrant that the content will be uninterrupted or error-free.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Kona Coffee and Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Kona Coffee and Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Kona Coffee and Company shall immediately issue a credit to your credit card account in the amount of the charge.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Kona Coffee and Company is not responsible for the operation of or content located on or through any such site.

REMEDIES

You agree that Kona Coffee and Company's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Kona Coffee and Company shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Kona Coffee and Company may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Kona Coffee and Company shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by Kona Coffee and Company of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW

This site is created and controlled by Kona Coffee and Company in the Commonwealth of Pennsylvania, USA. As such, the laws of the Commonwealth of Pennsylvania will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

SITE SECURITY

When you shop online at Kona Coffee and Company, you can be sure that your personal information is encrypted before it is sent through the Internet. We use SSL (Secure Socket Layer) technology that uses the most secure and up-to-the-minute encryption available in commercial transactions today. Our process makes it possible for your private information to travel to our server only and it cannot be read.

SHIPPING

Orders are shipped on the following business day. Shipping charges will vary depending on the weight of your package and your distance from Kona Coffee and Company in New York. Depending on your shipping destination, please allow up to 7 business days for UPS ground shipments and up to 10 business days for all USPS shipments. Please note that UPS will not ship to PO Boxes. Tracking is not available for USPS First-Class shipments and tracking is limited for USPS Priority Mail.

CANCELLATIONS OR CHANGES

If you need to cancel or make a change to your order, please contact us via the information below. Tell us your name, the order number, which items, and the reason for the change. Orders with changes will be completely canceled and refunded, a new order will be placed to resolve the issue.

DISCOUNTS

Discount codes are good for redemption at time of sale only. Please make sure to press the apply button when entering the code. Codes can not be applied after sale is final. If you need to cancel or make a change to your order, please contact us via the information below. Tell us your name, the order number, which items, and the reason for the change. Orders with changes will be completely canceled and refunded, a new order will be placed to resolve the issue.

RETURNS

If you are unsatisfied with any purchase you have made with us for any reason, please contact us via the information below for an exchange. Tell us your name, the order number, which items, how many units you are returning, and the reason for the return. We will reply to the email with instructions on how to send the items back to us. You are responsible for the cost of return shipping and 20% restocking fee.

PROPOSITION 65 WARNING

The Safe Drinking Water and Toxic Enforcement Act of 1986, popularly known as Proposition 65 (or Prop 65), is a California law intended to protect California citizens from chemicals known to cause cancer or birth defects or other reproductive harm and to inform citizens about exposures to such chemicals. One such chemical is acrylamide, which may be present in coffee, including the coffee sold by Kona Coffee and Company Coffee. Acrylamide is a naturally occurring byproduct formed when certain sugars and an amino acid react to high temperatures, such as when coffee is roasted. The U.S. Food and Drug Administration (FDA) has not determined that the low levels of acrylamide naturally found in roasted coffee have any public health impact. Your personal cancer risk is affected by a wide variety of factors. For more information on acrylamide, please consult the FDA’s website at fda.gov. For more information about both acrylamide and Proposition 65, please visit https://oehha.ca.gov/proposition-65.

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All information contained on this site is property of Kona Coffee and Company unless otherwise noted. Any reproduction without express written consent of Kona Coffee and Company is prohibited.