Last updated: October 16, 2020
At KONA BREWERY LLC, [also known/doing business] as Kona Brewing Hawaii, (“Kona Brewing”, “we”, “our” or “us”), we recognize the importance of protecting your privacy, including information that may be used, either alone or in combination with other information, to personally identify an individual (“Personal Data”).
This Policy addresses the following questions:
What Personal Data does Kona Brewing collect?
How does Kona Brewing use the Personal Data that it collects?
Does Kona Brewing disclose Personal Data to others?
How long does Kona Brewing retain Personal Data?
What rights do Site users have with respect to their Personal Data?
Does Kona Brewing transfer Personal Data out of the United States?
How does Kona Brewing protect Personal Data?
Does Kona Brewing collect information from children?
How does Kona Brewing respond to Do Not Track Signals?
Will Kona Brewing make updates or other changes to this Policy?
How can Kona Brewing be contacted?
What Personal Data does Kona Brewing collect? As further described in this Section 1, we collect, and we allow our service providers to collect, Personal Data in two ways: when you chose to provide Personal Data to us or our service providers on our Site; and automatically when you visit our Site.
Personal Data that you provide on the Site. On the Site, you may choose to provide the types of information listed below, some of which may constitute Personal Data. Providing this information is optional; however, if you chose not to provide it, we may not be able to provide you with the products or services you request.
Contact Information. In various areas of the Site, we provide you the opportunity to submit a form with basic contact information, such as your name, email address, and phone number. We use this information to correspond with you regarding any inquiries you have regarding our products or services, as well as upcoming use this information to respond to any request you submit for Kona Brewing to donate goods or services to, or to otherwise participate in, charitable causes. Finally, if requested by you, we use this information to submit your entry for participation in sweepstakes, contests or other promotions.
Comments and other feedback. In various places on the Site, we provide the opportunity for you to submit comments and other feedback. For example, you may choose to post a product review, engage with us on our social media platforms or send us other feedback, questions, suggestions or ideas. In doing so, we may ask you to provide us, in addition to your comments, your name, email address and phone number.
Information Collected Automatically. We use the software tools described in this Section 1.2 to collect information automatically when you visit the Site. Additionally, some of our third party service providers (described in Section 3, below) may use similar tools to automatically gather information regarding your use of the Site on our behalf. In either case, the automatically collected information, alone or in combination with other information, may constitute Personal Data. We have a legitimate interest in using this information to assist in systems administration purposes (including information security and abuse prevention), to track user trends, and to analyze the effectiveness of our Site.
Log Files. We use log files on our Site to capture your internet protocol (“IP”) address, your browser type, your Internet Service Provider (ISP), the date/time stamp of your Site visits, your referring/exiting pages, your clicked pages within the Site, and any other information your browser sends to us.
Analytics Software Tools. We use Google Analytics on our Site to help us analyze the traffic on our Site. For more information on Google Analytics’ processing of Personal Data, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin http://www.google.com/ads/pref... provided by Google, you can opt out of Google Analytics.
Cookies. When you visit our Site, our servers may send a cookie to your computer. We use these cookies to collect information about how you use the Site as part of our ongoing effort to operate the Site and to make interactions with our Site easy and meaningful. We use both session-based and persistent-based cookies. Session cookies exist only during one session, and they disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Some of these cookies are required, meaning that our use of them is essential to operating the Site. Other cookies allow us to provide certain optional functionalities to you, or allow third parties to track and analyze your movement about the Site. Most browsers provide you with the ability to block, delete, or disable cookies. Please note that if you disable your web browser’s ability to accept some or all cookies, you may not be able to successfully use all of the features of the Site.
Other Tracking Technologies. When you visit our Site, in addition to cookies, we use device identifiers, pixels, web beacons, and similar technologies to collect information about how you use the Site. We process the information collected through such technologies, which may include or be combined with Personal Data, to help operate certain features of the Site, to determine the regions from which you access the Site, to enhance your experience through personalization, and to help us better understand the features of the Site that you and other users are most interested in.
How does Kona Brewing use the Personal Data that it collects? The Personal Data that you submit or we collect through the Site may be used in the following ways: (i) to provide the product and services you request in connection with our Site (i) to respond to questions or comments you submit through the Site, and in connection with contests of sweepstakes you enter through the Site; (ii) to provide, analyze, administer, and improve our Site and services, and to otherwise ensure the Site’s technical functionality and security, including as described in Section 1.2; (iii) to send you updates and promotional materials that you have requested; and (iv) to protect our rights and our property.
Does Kona Brewing disclose Personal Data to others? Without your consent, we do not sell, lease, rent or otherwise disclose the Personal Data collected from our Site to third parties except in the situations described below in this Section 3.
How long does Kona Brewing retain Personal Data? We reserve the right to retain Personal Data as long as the Personal Data is needed: (i) to fulfill the purposes that are described in Sections 1 and 2; or (ii) to comply with applicable law.
What rights do Site users have with respect to their Personal Data? You may send a request specifying your communication preferences to info@KonaBrewingCo.com. Customers cannot opt out of receiving transactional emails related to their account with us or our services. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any future request you submit, as well as administrative, maintenance and operational emails.
Does Kona Brewing transfer Personal Data out of the United States? From time to time, we may transfer Personal Data internationally. When we do so, we take steps to provide adequate safeguards, such as entering into standard contractual clauses with our service providers.
How does Kona Brewing Protect Personal Data? We follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, and no method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Data, we cannot guarantee its absolute security.
Does Kona Brewing collect information from children? Children under the age of 13 should not use the Site at any time, and we do not knowingly collect or store any Personal Data of children under the age of 13. If you are a parent and believe we have collected Personal Data about your child, please contact us using the contact information below. If we discover that we have inadvertently gathered Personal Data from a child under the age of 13, we will take reasonable measures to promptly remove such information from our records.
How does Kona Brewing respond to Do Not Track Signals? We do not track Site users over time and across third party websites to provide targeted advertising on our Site. Accordingly, we do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual consumer’s online activities over time and across third-party web sites or online services. Our service providers or other third parties described in Section 3 may respond differently to “do not track” signals, as described in their respective privacy policies.
Will Kona Brewing make updates or other changes to this Policy? Refer to the “Last updated” date at the top of this page to see when this Policy was last updated. We reserve the right, at our discretion, to change the terms of this Policy at any time. We may provide you with notice of material changes to the Policy as appropriate under the circumstances, but we reserve the right, at our discretion, to change the terms of this Policy at any time without notice to you. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS POLICY WILL APPLY IMMEDIATELY UPON POSTING TO THE SITE.
How can Kona Brewing be contacted? If you have any comments, concerns, complaints, or questions regarding our Policy, please email us at info@KonaBrewingCo.com, call us at 1-808-334-2739 or write to us at Kona Brewing Hawaii 74-5612 Pawai Pl, Kailua-Kona, HI 96740.
Last updated: October 16, 2020
THIS AGREEMENT CONTAINS AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER. PLEASE SEE SECTION 15 FOR DETAILS.
1. Changes to Agreement
Kona Brewing reserves the right to change or modify this Agreement or any additional terms at its sole discretion at any time. If you do not agree to the modified terms of the Agreement for the Site, you should discontinue your use of the Site. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING.
2. Your License to Access this Site
The contents of the Site, and the Site as a whole, are intended to provide information regarding Kona Brewing’s various products and services, as set-forth and defined by us and subject to change by us at any time, in our sole discretion. All written content prepared and posted by us, and the Site design, layout, look, appearance, and graphics on the Site, as well as the trademarks, service marks, and logos contained on our Site (collectively, “Kona Brewing Content”) are owned by or licensed to us and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. We reserve all rights not expressly granted in, and to, the Site and the Kona Brewing Content.
Except as otherwise provided in this Agreement, no part of the Site and no Kona Brewing Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without our prior express written consent.
On the condition that you comply with all your obligations under this Agreement, Kona Brewing grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Site, which we may revoke at any time. Any use of the Site in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site.
3. Restrictions on Participation
As a condition of accessing the Site, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site other than as expressly allowed under this Agreement; (b) use Kona Brewing’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (g) otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
4. User Content
You agree to use the Site in accordance with all applicable laws. You agree that you will not use the Site for organized partisan political activities. You also agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site:
Content that defames, harasses, or threatens others
Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets
Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
Material that contains obscene (i.e., pornographic) language or images
Advertising, promotional materials, or any form of commercial solicitation
Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing)
Content that otherwise harms other users or visitors to the Sites
Content that is otherwise unlawful or that violates any applicable local, state, national or international law
Although Kona Brewing will not routinely screen or monitor content posted by users to the Site, Kona Brewing reserves the right to remove Prohibited Content of which it becomes aware (though it is under no obligation to do so).
5. Links, Frames, and Metatags
You may link to the home page of the Site for non-commercial purposes as long as the link does not cast us in a false or misleading light. This limited right may be revoked at any time, subject to our sole discretion. You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates Kona Brewing trademarks or name without our express prior written consent.
6. Links to Other Websites
7. Your Privacy; Protection of Your Account Credentials
8. System Availability and Errors
You must provide the equipment and Internet connections necessary to access the Site at your own expense. We do not guarantee that the Site will operate with your computer, mobile device, internet service plans, or mobile provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or used with your computer.
There may be times when the Site is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Site will always be available or is completely free of human or technological errors.
The Site may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Site or any information supplied to you via the Site, or that files available through Site are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
Kona Brewing will host and provide the Site using a commercially reasonable level of skill and care. That said, THE SITE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KONA BREWING DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE.
KONA BREWING DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, KONA BREWING DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED.
KONA BREWING DOES NOT MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITE MAY BE IMPAIRED. KONA BREWING DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SITE OR ANY INFORMATION OR SERVICES RELATED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE OR ANY INFORMATION OR SERVICES PROVIDED THEREON IS AT YOUR OWN RISK.
10. Liability Limitation.
EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT KONA BREWING WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE.
EXCEPT AS PROHIBITED BY LAW, KONA BREWING WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. KONA BREWING’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED TWENTY U.S. DOLLARS ($20).
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Kona Brewing, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR KONA BREWING’S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
You agree to indemnify, defend, and hold harmless Kona Brewing and its affiliates, officers, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of: (a) your use or attempted use of the Site or any content contained therein; (b) your violation of any law or rights of any third party, (c) information or content that you post or otherwise make available on the Site, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights, and (d) any act or omission by you which is a breach of your obligations under this Agreement.
You will have the right to defend and compromise such claim at your expense for the benefit of Kona Brewing; provided, however, you will not have the right to obligate Kona Brewing in any respect in connection with any such settlement without the written consent of Kona Brewing. Notwithstanding the foregoing, if you fail to assume your obligation to defend, Kona Brewing may do so to protect their interests and you will reimburse all costs incurred by Kona Brewing in connection with such defense.
12. Termination Rights
You agree that Kona Brewing, in its sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason, and that Kona Brewing shall have no liability to you for any such action.
13. Arbitration; Class Action Waiver
ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE LICENSE GRANTED BY Kona Brewing TO YOU HEREUNDER OR THIS AGREEMENT (EACH A “DISPUTE”) SHALL BE SETTLED BY ARBITRATION IN KANSAS CITY, MISSOURI ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY REGARDING ANY DISPUTE. YOU UNDERSTAND THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE THAT KONA BREWING MAY ENFORCE.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO A PUNITIVE OR EXEMPLARY DAMAGES AWARD. ANY ARBITRATION AWARD SHALL BE LIMITED TO ACTUAL DAMAGES AND ATTORNEYS’ FEES.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ANY FORM OF CLASS ARBITRATION. YOUR DISPUTE SHALL BE RESOLVED INDIVIDUALLY AND SHALL NOT BE CONSOLIDATED WITH ANY OTHER CLAIM OF ANY OTHER PERSON OR ENTITY.
YOU AGREE AND ACKNOWLEDGE THAT YOU MUST INITIATE ANY DISPUTE BY FILING A PROPER DEMAND FOR ARBITRATION WITHIN ONE YEAR OF THE DATE OF YOUR USE OF THE SITE AND THAT YOU CAN BRING NO DISPUTE AFTER THAT TIME.
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. JURISDICTION FOR ANY APPEAL OF AN ARBITRATION AWARD IS APPROPRIATE ONLY IN THE UNITED STATES DISTRICT COURT FOR THE WESTER DISTRICT OF MISSOURI.
YOU AGREE AND ACKNOWLEDGE THAT ANY DISPUTE, INCLUDING THE FACT AND OUTCOME OF ARBITRATION, IS STRICTLY CONFIDENTIAL. YOU ALSO AGREE AND ACKNOWLEDGE THAT ANY ARBITRATOR MUST AGREE TO THE SAME STRICT CONFIDENTIALITY.
YOU AGREE AND ACKNOWLEDGE THAT Kona Brewing WOULD NOT PERMIT USE OF ITS SITE ABSENT YOUR AGREEMENT TO ARBITRATE AND WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.
14. General Legal Terms
If a court of law finds that any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.
You agree that the laws of the State of Missouri govern this Agreement and any claim or dispute that you may have against us, without regard to Missouri’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Jackson County, Missouri and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (x) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (y) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF MISSOURI OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (z) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS AND ARBITRATION LOCATED IN THE STATE OF MISSOURI FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Site electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may terminate your access to the Site.
15. Contact Kona Brewing.
If you have any questions or need to contact us for any reason relating to this Agreement, please contact us at: info@KonaBrewingCo.com or 74-5612 Pawai Pl, Kailua-Kona, HI 96740.