Last modified: November 21, 2019
1. Acceptance of Terms and Privacy Policies; Eligibility: King’s Hawaiian Holding Company, Inc. (the “Company”) operates a community service (the “Service”) that allows you and other authorized users who have been invited by Company to use the Service (each, a “Member” and collectively, “Members”) to communicate with the Company and each other about the Company’s products and services, among other things. These “Rules of Participation” constitute a binding legal agreement (the “Agreement”) between you and the Company governing your access to and use of the Service, which includes without limitation any software used in connection with or otherwise related to the Service (the “Software”).The Service is offered to you conditioned upon your acceptance of this Agreement. Fuel Cycle provides the community service that supports and hosts the Service hereunder. Your use of the Service constitutes your acceptance of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU MAY NOT USE OR ACCESS THE SERVICE. In order to participate in the Service, you must be at least 18 years of age or older or such other greater age depending on the country in which you reside (“Site Minimum Age”) to use the Service. If you are not at least the Site Minimum Age, discontinue using the Service immediately because by using or attempting to use the Service, you represent and warrant that you are at least the Site Minimum Age.
2. Changes to Rules of Participation: Company reserves the right to change these Rules of Participation at any time, and such modifications will be deemed effective immediately upon Company’s online posting and/or any other provision to you of the modified terms, as applicable, and if you use the Service after the changes become effective, it will signify your agreement to be bound by the changes. You are responsible for ensuring that you are aware of, and in compliance with, the most recent version of these Rules of Participation at all times. If you do not agree to any of the terms hereof, and/or any future changes made by Company hereto, your sole and exclusive remedy is to stop using the Service. Unless explicitly stated otherwise, any new features or products that change, augment, or enhance the current Service will be subject to these Rules of Participation.
3. License; General Prohibitions Regarding Your Use of the Service:Company grants you a personal, limited, revocable, non-transferable, non-assignable, and non-exclusive right and license to use the Service and the Software on a single computer. Your right to use the Service and the Software is personal (i.e., for you only). Company reserves the right, at any time, in its sole and absolute discretion, to modify, suspend, terminate, or otherwise discontinue, temporarily or permanently, the Service (or any part thereof) by providing you with notice thereof. Company reserves the right to cancel, suspend, terminate, or refuse access to the Service to anyone at any time in its sole and absolute discretion. You may not use the Service or the Software, in whole or in part, for any purpose that is unlawful in any way, that may cause Company (or any of its licensors, including without limitation Fuel Cycle) legal liability of any kind or nature (either civilly or criminally), that may disrupt the Service or disrupt others’ use of the Service, that may be considered by Company to be any of the following: harassing, libelous, invasive of anyone’s privacy, defamatory, obscene, illegal, harmful, incendiary, discriminatory, prejudice, offensive, hostile, and/or pornographic, that may be prohibited by these Rules of Participation. You may also not use the Service or the Software for any commercial purpose of any kind or nature. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on, the Service and/or the Software, in whole or in part, or any Content (as defined below) contained therein.
4. Member Registration: To become a Member of the Service, you must provide specific registration information online, including without limitation your full name, e-mail address, phone number, and physical address, and create a user profile that includes your personal preferences. Company will use your e-mail address to send you notices and reminders of upcoming activities and sessions on the Service, among other things, except to the extent applicable law requires opt-in consent prior to sending communications. If you do not wish to receive e-mail correspondence, you need to log into the Service and change your e-mail options on the “Preferences” page in the “My Profile” section, or click on the “unsubscribe” link in any email we send you. As part of the registration process, you will select a user name and password for your account (“Account”). You may not: (a) select or use a user name of another person with the intent to, or in a way that may reasonably be interpreted as an attempt to, impersonate that person; (b) use a user name that is subject to the rights (including any intellectual property or other personal rights of any kind) of any other person or entity without such person’s or entity’s prior written authorization; or (c) use a user name that Company, in its sole discretion, deems inappropriate, illegal, violative of any third party rights, and/or offensive or troublesome in any way. You agree to: (x) provide true, accurate, current, and complete information as prompted by the Service’s registration process (collectively, the “Registration Data”); and (y) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. You will maintain a valid email address with Company at all times.
5. Member Account, Password, and Security: You are solely responsible for maintaining the confidentiality of your user name, password, Registration Data, and Account, as well as for any and all uses of any of the foregoing by you and/or any people using the Service under your user name and password (with or without your knowledge or permission). You agree to immediately notify Company in writing of any known or suspected unauthorized use and/or any other breach of security or unauthorized use of the Service of any kind. Company will not be liable for any loss or damage arising from any unauthorized use of your user name, password, Registration Data, and/or Account. Company is not obligated to identify or authenticate any “Member” who accesses the Service.Company is not responsible for identity theft and/or any other misuse of your Registration Data or Account in general.
6. Company Owns Your Member Content and Registration Data; Member Representations; Use Rights; No Compensation for Member Content:
As between you and Company, Company will solely own all Registration Data and Member Content posted or provided by you on the Service and you hereby assign to Company such Registration Data and Member Content at the time of posting or providing such information on the Service. To the extent that any Registration Data or Member Content is not assignable to Company, you hereby grant, and represent and warrant that you have the right to grant to Company, a worldwide, irrevocable, sublicensable, transferable, exclusive, royalty-free, and perpetual right and license to use, host, reproduce, translate, distribute, modify, perform, publish, create derivative works from, and/or publicly display all Registration Data and Member Content posted or provided by you on or through the Service, in whole or in part, for any purpose, in or on any and all media now known or hereafter devised, and alone or together with or as part of other information, content and material of any kind or nature. Without limiting the generality of the foregoing, Company may disclose and use Registration Data and Member Content in its good faith discretion, subject to its privacy policy and applicable law.
You represent, warrant, and promise to Company and Fuel Cycle that: (a) the Member Content is your original work and that you have the right to assign (or license as applicable) to Company the Member Content posted by you on the Service, (b) your posting or transmitting of Registration Data and Member Content on or through the Service and Company’s and Fuel Cycle’s exercise of their rights you grant hereunder, does not/do not, and will not, violate Section 8 (Member Content) or infringe, violate, or otherwise misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, or any other rights of any kind or nature of any person or entity at any time (or otherwise violate any law, rule, or regulation, and/or the terms hereof), and (c) none of Company or Fuel Cycle will be required to pay or incur any sums to any person or entity as a result of its exercise of its rights hereunder.
You hereby grant to Company and Fuel Cycle a worldwide, irrevocable, sublicensable, transferable, exclusive, royalty-free, and perpetual right and license to use the Registration Data and Member Content for purposes such as technical support, notifying users of changes, providing or enhancing the Services, or any other reasons specifically set forth in any of our policies (including Fuel Cycle’s privacy policy).
No compensation will be paid or due you with respect to Company’s, Fuel Cycle’s or its or Fuel Cycle’s sublicensees’ or transferee’s use of the Registration Data or Member Content.
7. Term; Termination: These Rules of Participation (as may be revised from time to time) shall remain in full force and effect at all times while you are a Member.You may terminate your membership at any time and for any reason upon your provision of written notification to us. You understand and agree that the termination of your membership is your sole right and remedy with respect to any dissatisfaction you may have with the Service, subject to applicable law and Company’s Privacy Policy and Fuel Cycle’s privacy policy. Company may terminate or suspend your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability other than as expressly provided. Even after a membership is terminated, the terms hereof that, by their very nature, are intended to survive termination or expiration, shall so survive.
8. Member Content:
All information, data, text, software, music, sound, images, graphics, video, messages, questions, responses, goods, products, services, and/or any other materials of any kind or nature (individually and collectively, “Content”) posted by Members on the Service (individually and collectively, “Member Content”) shall be the sole responsibility of the Member from whom such Member Content originated. This means that you, and not Company or Fuel Cycle, are entirely responsible for all Member Content that you upload, post, transmit, or otherwise make available, directly or indirectly, on the Service, including without limitation personally identifying information and/or other sensitive data of any kind. When you post Member Content on the Service, your user name will be visible to other Members and attached or adjacent to the Member Content that you post. Please be aware that if you post personal information online, it is accessible to other Members, and as such, you may receive unsolicited messages or Content from such Members. Such other Members may also disseminate this information without your permission or approval. Company does not control the Member Content posted by you or other Members on the Service and as such, does not guarantee the accuracy, integrity, or quality of any such Member Content. By using the Service, you may be exposed to Member Content that is offensive, indecent, illegal, incendiary, defamatory, libelous, illegal, harassing, pornographic, harmful, inaccurate, deceptive, and/or objectionable in some other manner. Subject to applicable law, under no circumstances will Company or Fuel Cycle be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, and/or for any loss, cost, injury, claim, or damage of any kind incurred as a result of the use of any Member Content posted, transmitted, or otherwise made available on the Service at any time. Subject to applicable law, Company makes no warranty, express or implied, with respect to the Member Content and/or your (or anyone else’s) use thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content (including your own), including any reliance on the accuracy, completeness, or usefulness of such Member Content. In addition, except as expressly permitted hereunder, you may not copy, modify, translate, reproduce, publish, broadcast, transmit, delete, distribute, perform, display, license, rent, sell, and/or create derivative works from any Member Content or any other content appearing on or through the Service at any time (in whole or in part).
Company reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any Member Content for any reason in its sole discretion and without notice.Subject to applicable law, Company assumes no responsibility or liability of any kind or nature for monitoring the Service for inappropriate Member Content or conduct.If at any time Company chooses, in its sole discretion, to monitor the Service, Company nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any discovered inappropriate Member Content, and no responsibility for the conduct of any Member submitting Member Content, subject to applicable law.
You shall not post, upload, transmit or otherwise make available on the Service any Member Content that:
(a) is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind or nature against any group or individual;
(b) harasses or advocates harassment of another person or is abusive, vulgar, or profane;
(c) exploits people in a sexual or violent manner;
(d) contains nudity, sexually suggestive imagery, pornography, pedophilia, incest, bestiality, excessive violence, or other offensive subject matter, and/or contains a link to an adult website;
(e) solicits personal information from anyone under eighteen (18) years of age or otherwise targets, solicits, induces, and/or harms minors in any way;
(f) publicly posts information that poses or creates a privacy or security risk to any person or entity;
(g) constitutes or promotes information that you know, or should have known after reasonable inquiry, is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or otherwise in violation of the terms hereof;
(h) constitutes or promotes an illegal or unauthorized use of another person’s or entity’s copyrighted work (or other violation of any third party’s intellectual property and/or other personal right(s) of any kind or nature), including without limitation providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files, by way of example;
(i) constitutes unsolicited or unauthorized: marketing, advertising, endorsement, testimonial, promotion or solicitation, including without limitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spamming,” “spamming,” or “pyramid schemes”;
(j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses;
(l) solicits passwords and/or other personal identifying information from other Members for any reason, including without limitation for commercial purposes or unlawful purposes;
(m)involves commercial activities and/or sales without the prior written consent from Company in each instance (including without limitation, activities such as: contests, sweepstakes, barter, advertising, and/or pyramid schemes);
(n) includes any information, material, audio, photo, and/or video of another person or entity without that person’s or entity’s prior written consent in each instance;
(o) is misleading or deceptive in any way, including without limitation, falsely stating or otherwise misrepresenting your affiliation with any other person or entity;
(p) infringes or otherwise violates any applicable law, rule or regulation, and/or any patent, trademark, trade secret, copyright, privacy right, publicity right, confidentiality right, contract right, or any other right of any third party in any way;
(q) contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; or
(r) contains untrue, inaccurate, inconsistent or incomplete information.
Company reserves the right (but has no obligation) to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Section, including without limitation, having the right to remove the offending Member Content from the Service and terminating or suspending a Member’s right to use the Service without liability of any kind.
Company cannot guarantee that other Members will not use Member Content that you post on the Service for their own personal or commercial benefit (i.e., oftentimes in violation of the terms hereof).You should not post any Member Content on the Service that you would like to keep confidential or do not want others to use or misuse in any manner at any time.SUBJECT TO APPLICABLE LAW, COMPANY AND FUEL CYCLE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MEMBER’S USE, MISUSE OR MISAPPROPRIATION OF ANY MEMBER CONTENT POSTED BY YOU ON THE SERVICE, AND HEREBY DISCLAIM ANY WARRANTY (EXPRESS OR IMPLIED) WITH RESPECT THERETO.
9. Member Conduct: You, and not Company or Fuel Cycle, are responsible for compliance with all laws, rules, regulations, and ordinances in connection with your use of the Service.You agree not to engage in any of the following activities in connection with your use of the Service:
(a)criminal or tortious activity, including without limitation, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets;
(b)advertising to, or solicitation of, any Member to buy or sell any products or services or engage in any other commercial venture or opportunity of any kind or nature;
(c)circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures, technology, or software that is part of the Service;
(d)activity that involves the use of software viruses, worms, spyware, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permits the unauthorized use of or access to a computer, a computer network, the Service, Software, and/or any personal information of any Member at any time (including without limitation any Content and/or Registration Data);
(e)any automated use of the Service;
(f)damaging, disabling, disrupting, overburdening, or impairing the Service or interfering with any other party’s authorized use and enjoyment of the Service;
(g)impersonating or attempting to impersonate another Member, person or entity;
(h)using the Account, Registration Data, username, and/or password of another Member at any time, or disclosing (or failing to adequately protect) your username and/or password, or permitting any third party to access your Account at any time;
(i)using any information obtained from the Service in order to, directly or indirectly, harass, abuse, or harm another person or entity, or attempting to do the same;
(j)allow usage of the Service by others in such a way as to violate this Agreement;
(k)take any steps to interfere with or in any manner compromise any security measures employed by the Service and Company in general;
(l) use the Software or the Service for any unauthorized or fraudulent purpose;
(m) collect and/or distribute any information about other Members;
(n)sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the Service, your Account, your Registration Data, and/or your username or password to any third party at any time;
(o)engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information from the Service of any kind or nature;
(p) use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Service; or
(q)attempt to decompile, reverse engineer, disassemble, modify, delete, augment, hack, an/or create derivative works from the Service or the Software (in whole or in part), and/or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Service or the Software.
Company reserves the right (but has no obligation) to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Section, including without limitation, reporting a Member to (and cooperating with) law enforcement authorities and/or terminating or suspending a Member’s right to use the Service.
10. Company’s Proprietary Rights: As between Company and you, all right, title and interest in and to the Service, the Software, and any Service Content (including any intellectual property rights contained in any of the aforementioned) is and will remain the sole property of Company and Fuel Cycle.You may not exploit, distribute, sell, lease, modify, amend, copy, use, or incorporate any of the Service, the Software, or the Service Content (including without limitation any artwork, trademarks, or logos of Company and Fuel Cycle) at any time, and/or exploit such Service, Software or Service Content, in whole or in part, in any public or commercial manner, or otherwise in violation of the terms hereof or any other applicable policy of Company. “Service Content” means information, data, text, software, music, sound, images, graphics, video, messages, advertising, links to web sites, and other materials contained in the Service that is provided by Company or Content Suppliers. “Content Suppliers” means third parties who provide Service Content for use in the Service.
11. Advertising: As a result of your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third party advertisers, such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we are not be responsible or liable to you in any way in connection with these activities or transactions.
12. Links to Third Party Sites: The appearance, availability, or your use of URLs or links referenced or included anywhere in the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Company or Fuel Cycle, any of their successors and assigns. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any of their goods or services.
13 Indemnification: You agree to indemnify, defend, and hold harmless Company and Company’s shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, advisors, partners, technology licensors, software vendors, suppliers, Content Suppliers, and assigns (including Fuel Cycle and its partners, technology licensors, software vendors and suppliers), from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of, directly or indirectly: (a) your use of the Service (including, without limitation, the Service Content, Software and any Member Content) in violation of this Agreement; (b) your breach of any representation, warranty, or covenant contained in this Agreement; (c) any Member Content posted or transmitted by you on or through the Service; (d) your acts and omissions; and (e) your negligence, intentional misconduct, or violation or alleged violation of any law or any rights of any third party. Company reserves the right (but is not obligated), at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with Company and Fuel Cycle in such defense and shall be fully responsible for all costs associated therewith. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract by Company or any of Company’s shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, advisors, partners, technology licensors, software vendors, suppliers, and Content Suppliers (including Fuel Cycle and its partners, technology licensors, software vendors and suppliers).
14. Copyright Infringement: If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, or your intellectual property rights have been otherwise violated, please call Consumer Care at (877) MY-KHCARES - (877) 695-4227 and inform them of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.
15. Prize Promotions:If Company offers a sweepstakes, contest, or other promotion to Members (each, a “Promotion”), the terms and conditions of these Rules of Participation will apply along with the official rules specifically created for any such Promotion. To the extent that any provision of any such official rules conflicts with any of the terms hereof, the terms of the official rules shall govern, subject to applicable law. By participating in a Promotion (except where prohibited by law), each participant hereby consents to the use of his or her name, likeness, voice, biography, and other related data in any of the Company’s advertising, promotion and marketing materials throughout the world at any time and in any manner, without additional compensation being due to any such participant.During any calendar year, an individual shall not be eligible to enter or win a prize in a Promotion if such individual has previously received a prize, prizes, or any other items of value from the Company or any of its partners, affiliates, agents or licensors. In no event shall Company be liable hereunder for any alleged infringement by any sponsoring entity for any reason at any time, and participant hereby waives any claim he or she may have against the Company (and/or any of its partners or affiliates) in connection with same.
16. DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, YOUR USE OF THE SERVICE, THE SOFTWARE, AND ALL CONTENT OF ANY KIND CONTAINED THEREIN OR DERIVED THEREFROM (INCLUDING SERVICE CONTENT), IS AT YOUR SOLE RISK. COMPANY AND COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS AND SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT (INCLUDING SERVICE CONTENT), SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NONE OF COMPANY AND COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, AND SUPPLIERS) MAKE ANY WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND/OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PRIZES (IF ANY), OR OTHER MATERIALS OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING SERVICE CONTENT) WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WITHOUT LIMITATION ON THE FOREGOING, WE ARE UNDER NO OBLIGATION TO STORE AND/OR PROTECT YOUR MEMBER CONTENT, SO IT IS ADVISABLE THAT YOU MAINTAIN YOUR OWN COPY AT ALL TIMES.
Some jurisdictions do not allow the disclaimer of warranties. Such disclaimers and exclusions may not apply to you. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, death, or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
17. LIMITATION OF LIABILITY: SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY OF COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, DIRECTLY OR INDIRECTLY, EVEN IF COMPANY OR ANY OF COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS AND SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S (OR FUEL CYCLE’S OR ANY OF COMPANY’S OR FUEL CYCLE’S PARTNERS’, TECHNOLOGY LICENSORS’, SOFTWARE VENDORS’, SUPPLIERS’ AND CONTENT SUPPLIERS’) AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT (OR ANY OTHER AGREEMENT ENTERED INTO BY YOU WITH COMPANY IN CONNECTION WITH YOUR USE OF THE SERVICES) EXCEED $500.00.
Some jurisdictions do not allow these limitations of liability. Such limitations may not apply to you. Nothing in this Agreement limits or excludes our liability for fraudulent misrepresentation, intentional or knowing violation of this Agreement or applicable law, death, or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
18. Independent Review: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT WITH YOUR OWN COUNSEL AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN.
19. Notices: Statements, notices, and other communications to you may be made by mail, email, postings within your Account or on the Service or our website, or other reasonable means. You will be solely responsible for keeping your email and postal addresses updated on your Account. Company will not be responsible for any undelivered notices caused by your failure to update such information.
20. Choice of Law; Venue; Waiver of Trial by Jury; Waiver of Class-Action: This Agreement will be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles, except to the extent local law is mandatory for consumers. You may bring any action to enforce this Agreement or in connection with any matters related to the Service only in either the state or Federal courts located in Los Angeles Ccounty, California, and you expressly consent to the exclusive jurisdiction of said courts and waive all venue, jurisdiction and choice of law challenges or defenses, except to the extent local venue is mandatory for consumers. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. ADDITIONALLY, EACH PARTY HEREBY EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE OR JOIN A CLASS ACTION OR SIMILAR SUCH (I.E., NON-INDIVIDUALIZED) CLAIM AGAINST THE OTHER PARTY, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. EACH PARTY HEREBY ACKNOWLEDGES THAT THIS SECTION SERVED AS A MATERIAL INDUCEMENT TO IT WHEN ENTERING INTO THIS AGREEMENT.
21. No Injunctive Relief: You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including without limitation, an injunction that would restrain the operation of the Service, the exploitation of any advertising or other materials on the Service, the exploitation of the Service or any Content displayed on the Service, and/or the exploitation of any Promotion or other rights granted to Company (and/or any of its affiliates or partners, including Fuel Cycle) hereunder.
22. Third Party Beneficiary:Fuel Cycle is an intended third party beneficiary of this Agreement.
23. Conflicts between Rules of Participation and Other Terms: Except with respect to any official rules for a Promotion, if any provision contained in this Agreement conflicts with any provision in any other terms available on the Service (including without limitation any terms of use or terms of service), the provision contained in this Agreement governs.
24. General: If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches Company’s intent as expressed in the original provision and the remainder of this Agreement will continue in full force and effect. A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement (in whole or in part), by operation of law or otherwise, without the prior written approval of Company in each instance, and any such attempted assignment will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement (including whatever documents the Company has specifically referenced herein as applicable) sets forth the entire understanding and agreement between Company and you with respect to the Service made available in collaboration with Fuel Cycle, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Service made available in collaboration with Fuel Cycle. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties, or to impose any partnership obligation or liability upon any party. Neither party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of the other party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
Please contact us at 1411 W. 190th Street, Suite 500, Gardena, CA 90248 with any questions regarding this Agreement.
Privacy Policy
This Privacy Policy explains how Kings Hawaiian (“KH”) may collect, use, and share related to customer panel, survey, and marketing related activities associated with websites officially operated or sponsored by KH (the “Sites”).
1.Changes to the Privacy Policy As KH evolves its efforts at engaging the industry, consumers, and those interested in topics relevant to KH, this Privacy Policy may change to reflect this evolution. We reserve the right to amend the Privacy Policy at any time, for any reason. The date of the last revision to the Privacy Policy will be indicated by the “Last updated” date at the bottom of this page.
2.Information We Collect
2.1.Personal Information: We may collect information (whether online, by phone, or by paper) that identifies you or relates to you, your interests, or your preferences (“Personal Information”) when you: provide such information on our Sites, apply or register for KH surveys, panels, or otherwise interact with KH. The types of Personal Information collectedmay include your name, address, phone number, birth date, Email address, information about your personal opinions, or other demographic and customer preference information.Note that cookies, tags and other tools placed by third parties may collect information about you and your visits to Sites and elsewhere on the Internet including, but not limited to: your industry, company size, job function, or seniority level.
2.2.Navigational Data: As you interact with our Sites, we, or our service providers, may also collect information about your browsing history or certain other information through your use of, and visits to, Sites; and our use of a variety of technologies, including, but not limited to: cookies, tags, beacons, Internet Protocol (IP) address, and other tools. “Cookies” are pieces of code/text placed on your computer when you browse our Sites. Cookies may be placed by us or third party advertisers. “Tags” and web beacons refer to code scripts that are primarily used to track visitors’ activities on our Sites by web analytics software. The types of Navigational data collected on our Sites through the use of these, and other tools as KH may add from time to time, may include: the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, etc. (collectively, all of the foregoing data the “Navigational Data”).
3.How We Use and Share Personal Information
3.1.Once collected, we may use your Personal Information in a variety of ways including: (a)Develop or improve KH products and services; (b)Understand customer preferences, including geographical variations in such preferences; (c)Provide service communications such as order confirmations, program registrations, and customer service messages; (d)Respond to your emails or online requests for products, services, or information; (e)Deliver and process surveys; (f)Personalize and improve the usability of the Sites; (g)Fulfill and/or deliver KH products and services; (h)Sharing with certain other companies to offer you products and services that may be of interest to you as described below; (i)Tailor content, advertising, and marketing to you; (j)Share with third parties as required by law, or to protect KH as described below; and (k)Share your email address, as permitted under KH Email Policy as described below.
3.2.Sharing Your Personal Information to Fulfill Service Requests and Perform Business Functions. When fulfilling service requests initiated by you, we may share your Personal Information with certain third parties to fulfill the requests. We may also share such information with service providers that perform business functions for us. For example, KH occasionally hires other companies to provide limited services on our behalf including, but not limited to: website hosting, survey management, and social media enablement; answering customer questions about products or services; consulting services; data modeling; printing; sending postal mail; and processing panel registrations.In such cases, KH may share your Personal Information as needed.
3.3.Sharing Your Personal Information with Certain Other Companies. KH may share Personal Information with certain other companies in order to provide them an opportunity to offer products or services that may be of interest to you.
3.4.Sharing Your Personal Information When Legally Necessary or to Protect KH’s Interests. KH may disclose your Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on KH; (b) protect and defend the rights or property of KH; or (c) protect the personal safety of KH personnel or members of the public in appropriate circumstances. In addition, if KH and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if KH undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise, information may be transferred as part of that transaction or change.
4.How to Manage the Sharing of Your Personal Information You can manage your profile and e-mail preferences, including opting out of e-mail either online or by contacting us. Additionally, if you prefer to receive mailings only from KH and have your name and address removed from lists we maintain, please contact us. For California residents, please consult the “Your California Privacy Rights” for additional considerations.
5.How We May Use and Share Navigational Data Through the use of various technological tools, we may collect Navigational Data to improve the usability of our Sites and for other business reasons. We may share the Navigational Data we collect with third parties; or permit third parties to place tools like cookies, tags, and web beacons to collect additional Navigational Data when you browse our Sites. We or other third party companies may then use the Navigational Data to provide advertisements and targeted advertisements to you (ads based on the Navigational Data). Please note that you may be subject to the privacy policies of other non-KH companies when you select an advertising link or other link that takes you to sites not operated by KH.
The major browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium (“W3C”) in their latest releases. As this standard has not been finalized, KH’s Sites are not compatible with DNT and so do not recognize DNT settings.
6.Cross Border Use and Sharing of Personal Information As part of your registration or other use of the Site, KH will process your Personal Information in countries which may not be your country of residence. By submitting your registration information or otherwise using the Site, you agree that your Personal Information may be processed in a country which may have lower privacy protections under local law than your country of residence. Should you not agree to such processing, please do not register for an event or otherwise use the Site.
7.California Privacy Rights California's Civil Code section 1798.100 et seq. provides residents of California a number of rights as they relate to Personal Information. These are the “right to know”, the “right to delete”, and the “right to opt-out”.
7.1.Right to Know. You may request KH provide you the specific pieces of Personal Information that KH has about you; categories of Personal Information we have collected about you; categories of sources from which the Personal Information is collected; categories of Personal Information that KH sold or disclosed for a business purpose about you; categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and the business or commercial purpose for collecting or selling Personal Information. Please note that much of the information you can make a request for is already contained in this Policy. Should you wish to exercise this right, please see the section below which explains how to do so. If you do not have an account with KH, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
7.2.Right to Delete. California law gives residents a limited right to request deletion of their Personal Information. However, this right is limited by a number of exceptions. Fundamentally, if KH has a permissible need to retain Personal Information, we are not under an obligation to delete such information, even when requested. Generally, we retain Personal Information so we may complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with KH; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information. As such, we generally do not accept requests to delete Personal Information. However, we will respond to requests to remove Personal Information from some of our systems as a part of a request to close or otherwise disable a membership account. If you would like to request deletion of Personal Information, please see the section below which explains how to do so. If you do not have an account with KH, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
7.3 Right to Opt-Out. If you would like to opt-out of any sale of your Personal Information, you may do so by contacting us as specified in section 11.
7.4.Designating an Authorized Agent. California law permits California residents to designate an agent to manage their rights under California law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising California Privacy Rights”. Note that If you do not have an account with KH, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.
7.5.Non-discrimination. California law does not permit KH to discriminate against you because you exercised any your rights under this title, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
7.6.Exercising California privacy rights. If you are a California resident and would like to exercise any of your rights you may do so by contacting us via the methods noted above in the section 11 below. Please be aware that KH will need to have sufficient information to be able to verify your identity and the rights you have in the data subject to your request.
8.Canada Anti-Spam Law (“CASL”) KH complies with CASL. Registrants who have provided us a Canadian mailing address will not receive unauthorized Commercial Electronic Messages (“CEM” as defined under CASL) unless these individuals have opted-in to receive CEM.
9.Information Security KH implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. We restrict access to personal information to certain companies who may need to know that information in order to operate, develop, or improve our services. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, KH cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. If you have questions about this Privacy Policy, please contact us.
10. Linking to Other Internet Sites You should be aware that other Internet sites that are linked from the Sites or from an KH email message may contain privacy provisions that differ from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.
11. How You Can Access and Change Information If you are a registered participant of a panel or community, subscriber to KH publications, or a purchaser of KH products and services, you may review and update/correct your information directly on the event’s website, or by contacting us at:
moderator@theohanacircle.com
King's Hawaiian, 1411 W. 190th Street, Suite 500, Gardena, CA 90248
Last updated November 21, 2019
1. Acceptance of Terms and Privacy Policies; Eligibility: King’s Hawaiian Holding Company, Inc. (the “Company”) operates a community service (the “Service”) that allows you and other authorized users who have been invited by Company to use the Service (each, a “Member” and collectively, “Members”) to communicate with the Company and each other about the Company’s products and services, among other things. These “Rules of Participation” constitute a binding legal agreement (the “Agreement”) between you and the Company governing your access to and use of the Service, which includes without limitation any software used in connection with or otherwise related to the Service (the “Software”).The Service is offered to you conditioned upon your acceptance of this Agreement. Fuel Cycle provides the community service that supports and hosts the Service hereunder. Your use of the Service constitutes your acceptance of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU MAY NOT USE OR ACCESS THE SERVICE. In order to participate in the Service, you must be at least 18 years of age or older or such other greater age depending on the country in which you reside (“Site Minimum Age”) to use the Service. If you are not at least the Site Minimum Age, discontinue using the Service immediately because by using or attempting to use the Service, you represent and warrant that you are at least the Site Minimum Age.
2. Changes to Rules of Participation: Company reserves the right to change these Rules of Participation at any time, and such modifications will be deemed effective immediately upon Company’s online posting and/or any other provision to you of the modified terms, as applicable, and if you use the Service after the changes become effective, it will signify your agreement to be bound by the changes. You are responsible for ensuring that you are aware of, and in compliance with, the most recent version of these Rules of Participation at all times. If you do not agree to any of the terms hereof, and/or any future changes made by Company hereto, your sole and exclusive remedy is to stop using the Service. Unless explicitly stated otherwise, any new features or products that change, augment, or enhance the current Service will be subject to these Rules of Participation.
3. License; General Prohibitions Regarding Your Use of the Service:Company grants you a personal, limited, revocable, non-transferable, non-assignable, and non-exclusive right and license to use the Service and the Software on a single computer. Your right to use the Service and the Software is personal (i.e., for you only). Company reserves the right, at any time, in its sole and absolute discretion, to modify, suspend, terminate, or otherwise discontinue, temporarily or permanently, the Service (or any part thereof) by providing you with notice thereof. Company reserves the right to cancel, suspend, terminate, or refuse access to the Service to anyone at any time in its sole and absolute discretion. You may not use the Service or the Software, in whole or in part, for any purpose that is unlawful in any way, that may cause Company (or any of its licensors, including without limitation Fuel Cycle) legal liability of any kind or nature (either civilly or criminally), that may disrupt the Service or disrupt others’ use of the Service, that may be considered by Company to be any of the following: harassing, libelous, invasive of anyone’s privacy, defamatory, obscene, illegal, harmful, incendiary, discriminatory, prejudice, offensive, hostile, and/or pornographic, that may be prohibited by these Rules of Participation. You may also not use the Service or the Software for any commercial purpose of any kind or nature. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on, the Service and/or the Software, in whole or in part, or any Content (as defined below) contained therein.
4. Member Registration: To become a Member of the Service, you must provide specific registration information online, including without limitation your full name, e-mail address, phone number, and physical address, and create a user profile that includes your personal preferences. Company will use your e-mail address to send you notices and reminders of upcoming activities and sessions on the Service, among other things, except to the extent applicable law requires opt-in consent prior to sending communications. If you do not wish to receive e-mail correspondence, you need to log into the Service and change your e-mail options on the “Preferences” page in the “My Profile” section, or click on the “unsubscribe” link in any email we send you. As part of the registration process, you will select a user name and password for your account (“Account”). You may not: (a) select or use a user name of another person with the intent to, or in a way that may reasonably be interpreted as an attempt to, impersonate that person; (b) use a user name that is subject to the rights (including any intellectual property or other personal rights of any kind) of any other person or entity without such person’s or entity’s prior written authorization; or (c) use a user name that Company, in its sole discretion, deems inappropriate, illegal, violative of any third party rights, and/or offensive or troublesome in any way. You agree to: (x) provide true, accurate, current, and complete information as prompted by the Service’s registration process (collectively, the “Registration Data”); and (y) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. You will maintain a valid email address with Company at all times.
5. Member Account, Password, and Security: You are solely responsible for maintaining the confidentiality of your user name, password, Registration Data, and Account, as well as for any and all uses of any of the foregoing by you and/or any people using the Service under your user name and password (with or without your knowledge or permission). You agree to immediately notify Company in writing of any known or suspected unauthorized use and/or any other breach of security or unauthorized use of the Service of any kind. Company will not be liable for any loss or damage arising from any unauthorized use of your user name, password, Registration Data, and/or Account. Company is not obligated to identify or authenticate any “Member” who accesses the Service.Company is not responsible for identity theft and/or any other misuse of your Registration Data or Account in general.
6. Company Owns Your Member Content and Registration Data; Member Representations; Use Rights; No Compensation for Member Content:
As between you and Company, Company will solely own all Registration Data and Member Content posted or provided by you on the Service and you hereby assign to Company such Registration Data and Member Content at the time of posting or providing such information on the Service. To the extent that any Registration Data or Member Content is not assignable to Company, you hereby grant, and represent and warrant that you have the right to grant to Company, a worldwide, irrevocable, sublicensable, transferable, exclusive, royalty-free, and perpetual right and license to use, host, reproduce, translate, distribute, modify, perform, publish, create derivative works from, and/or publicly display all Registration Data and Member Content posted or provided by you on or through the Service, in whole or in part, for any purpose, in or on any and all media now known or hereafter devised, and alone or together with or as part of other information, content and material of any kind or nature. Without limiting the generality of the foregoing, Company may disclose and use Registration Data and Member Content in its good faith discretion, subject to its privacy policy and applicable law.
You represent, warrant, and promise to Company and Fuel Cycle that: (a) the Member Content is your original work and that you have the right to assign (or license as applicable) to Company the Member Content posted by you on the Service, (b) your posting or transmitting of Registration Data and Member Content on or through the Service and Company’s and Fuel Cycle’s exercise of their rights you grant hereunder, does not/do not, and will not, violate Section 8 (Member Content) or infringe, violate, or otherwise misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, or any other rights of any kind or nature of any person or entity at any time (or otherwise violate any law, rule, or regulation, and/or the terms hereof), and (c) none of Company or Fuel Cycle will be required to pay or incur any sums to any person or entity as a result of its exercise of its rights hereunder.
You hereby grant to Company and Fuel Cycle a worldwide, irrevocable, sublicensable, transferable, exclusive, royalty-free, and perpetual right and license to use the Registration Data and Member Content for purposes such as technical support, notifying users of changes, providing or enhancing the Services, or any other reasons specifically set forth in any of our policies (including Fuel Cycle’s privacy policy).
No compensation will be paid or due you with respect to Company’s, Fuel Cycle’s or its or Fuel Cycle’s sublicensees’ or transferee’s use of the Registration Data or Member Content.
7. Term; Termination: These Rules of Participation (as may be revised from time to time) shall remain in full force and effect at all times while you are a Member.You may terminate your membership at any time and for any reason upon your provision of written notification to us. You understand and agree that the termination of your membership is your sole right and remedy with respect to any dissatisfaction you may have with the Service, subject to applicable law and Company’s Privacy Policy and Fuel Cycle’s privacy policy. Company may terminate or suspend your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability other than as expressly provided. Even after a membership is terminated, the terms hereof that, by their very nature, are intended to survive termination or expiration, shall so survive.
8. Member Content:
All information, data, text, software, music, sound, images, graphics, video, messages, questions, responses, goods, products, services, and/or any other materials of any kind or nature (individually and collectively, “Content”) posted by Members on the Service (individually and collectively, “Member Content”) shall be the sole responsibility of the Member from whom such Member Content originated. This means that you, and not Company or Fuel Cycle, are entirely responsible for all Member Content that you upload, post, transmit, or otherwise make available, directly or indirectly, on the Service, including without limitation personally identifying information and/or other sensitive data of any kind. When you post Member Content on the Service, your user name will be visible to other Members and attached or adjacent to the Member Content that you post. Please be aware that if you post personal information online, it is accessible to other Members, and as such, you may receive unsolicited messages or Content from such Members. Such other Members may also disseminate this information without your permission or approval. Company does not control the Member Content posted by you or other Members on the Service and as such, does not guarantee the accuracy, integrity, or quality of any such Member Content. By using the Service, you may be exposed to Member Content that is offensive, indecent, illegal, incendiary, defamatory, libelous, illegal, harassing, pornographic, harmful, inaccurate, deceptive, and/or objectionable in some other manner. Subject to applicable law, under no circumstances will Company or Fuel Cycle be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, and/or for any loss, cost, injury, claim, or damage of any kind incurred as a result of the use of any Member Content posted, transmitted, or otherwise made available on the Service at any time. Subject to applicable law, Company makes no warranty, express or implied, with respect to the Member Content and/or your (or anyone else’s) use thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content (including your own), including any reliance on the accuracy, completeness, or usefulness of such Member Content. In addition, except as expressly permitted hereunder, you may not copy, modify, translate, reproduce, publish, broadcast, transmit, delete, distribute, perform, display, license, rent, sell, and/or create derivative works from any Member Content or any other content appearing on or through the Service at any time (in whole or in part).
Company reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any Member Content for any reason in its sole discretion and without notice.Subject to applicable law, Company assumes no responsibility or liability of any kind or nature for monitoring the Service for inappropriate Member Content or conduct.If at any time Company chooses, in its sole discretion, to monitor the Service, Company nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any discovered inappropriate Member Content, and no responsibility for the conduct of any Member submitting Member Content, subject to applicable law.
You shall not post, upload, transmit or otherwise make available on the Service any Member Content that:
(a) is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind or nature against any group or individual;
(b) harasses or advocates harassment of another person or is abusive, vulgar, or profane;
(c) exploits people in a sexual or violent manner;
(d) contains nudity, sexually suggestive imagery, pornography, pedophilia, incest, bestiality, excessive violence, or other offensive subject matter, and/or contains a link to an adult website;
(e) solicits personal information from anyone under eighteen (18) years of age or otherwise targets, solicits, induces, and/or harms minors in any way;
(f) publicly posts information that poses or creates a privacy or security risk to any person or entity;
(g) constitutes or promotes information that you know, or should have known after reasonable inquiry, is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or otherwise in violation of the terms hereof;
(h) constitutes or promotes an illegal or unauthorized use of another person’s or entity’s copyrighted work (or other violation of any third party’s intellectual property and/or other personal right(s) of any kind or nature), including without limitation providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files, by way of example;
(i) constitutes unsolicited or unauthorized: marketing, advertising, endorsement, testimonial, promotion or solicitation, including without limitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spamming,” “spamming,” or “pyramid schemes”;
(j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses;
(l) solicits passwords and/or other personal identifying information from other Members for any reason, including without limitation for commercial purposes or unlawful purposes;
(m)involves commercial activities and/or sales without the prior written consent from Company in each instance (including without limitation, activities such as: contests, sweepstakes, barter, advertising, and/or pyramid schemes);
(n) includes any information, material, audio, photo, and/or video of another person or entity without that person’s or entity’s prior written consent in each instance;
(o) is misleading or deceptive in any way, including without limitation, falsely stating or otherwise misrepresenting your affiliation with any other person or entity;
(p) infringes or otherwise violates any applicable law, rule or regulation, and/or any patent, trademark, trade secret, copyright, privacy right, publicity right, confidentiality right, contract right, or any other right of any third party in any way;
(q) contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; or
(r) contains untrue, inaccurate, inconsistent or incomplete information.
Company reserves the right (but has no obligation) to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Section, including without limitation, having the right to remove the offending Member Content from the Service and terminating or suspending a Member’s right to use the Service without liability of any kind.
Company cannot guarantee that other Members will not use Member Content that you post on the Service for their own personal or commercial benefit (i.e., oftentimes in violation of the terms hereof).You should not post any Member Content on the Service that you would like to keep confidential or do not want others to use or misuse in any manner at any time.SUBJECT TO APPLICABLE LAW, COMPANY AND FUEL CYCLE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MEMBER’S USE, MISUSE OR MISAPPROPRIATION OF ANY MEMBER CONTENT POSTED BY YOU ON THE SERVICE, AND HEREBY DISCLAIM ANY WARRANTY (EXPRESS OR IMPLIED) WITH RESPECT THERETO.
9. Member Conduct: You, and not Company or Fuel Cycle, are responsible for compliance with all laws, rules, regulations, and ordinances in connection with your use of the Service.You agree not to engage in any of the following activities in connection with your use of the Service:
(a)criminal or tortious activity, including without limitation, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets;
(b)advertising to, or solicitation of, any Member to buy or sell any products or services or engage in any other commercial venture or opportunity of any kind or nature;
(c)circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures, technology, or software that is part of the Service;
(d)activity that involves the use of software viruses, worms, spyware, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permits the unauthorized use of or access to a computer, a computer network, the Service, Software, and/or any personal information of any Member at any time (including without limitation any Content and/or Registration Data);
(e)any automated use of the Service;
(f)damaging, disabling, disrupting, overburdening, or impairing the Service or interfering with any other party’s authorized use and enjoyment of the Service;
(g)impersonating or attempting to impersonate another Member, person or entity;
(h)using the Account, Registration Data, username, and/or password of another Member at any time, or disclosing (or failing to adequately protect) your username and/or password, or permitting any third party to access your Account at any time;
(i)using any information obtained from the Service in order to, directly or indirectly, harass, abuse, or harm another person or entity, or attempting to do the same;
(j)allow usage of the Service by others in such a way as to violate this Agreement;
(k)take any steps to interfere with or in any manner compromise any security measures employed by the Service and Company in general;
(l) use the Software or the Service for any unauthorized or fraudulent purpose;
(m) collect and/or distribute any information about other Members;
(n)sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the Service, your Account, your Registration Data, and/or your username or password to any third party at any time;
(o)engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information from the Service of any kind or nature;
(p) use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Service; or
(q)attempt to decompile, reverse engineer, disassemble, modify, delete, augment, hack, an/or create derivative works from the Service or the Software (in whole or in part), and/or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Service or the Software.
Company reserves the right (but has no obligation) to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Section, including without limitation, reporting a Member to (and cooperating with) law enforcement authorities and/or terminating or suspending a Member’s right to use the Service.
10. Company’s Proprietary Rights: As between Company and you, all right, title and interest in and to the Service, the Software, and any Service Content (including any intellectual property rights contained in any of the aforementioned) is and will remain the sole property of Company and Fuel Cycle.You may not exploit, distribute, sell, lease, modify, amend, copy, use, or incorporate any of the Service, the Software, or the Service Content (including without limitation any artwork, trademarks, or logos of Company and Fuel Cycle) at any time, and/or exploit such Service, Software or Service Content, in whole or in part, in any public or commercial manner, or otherwise in violation of the terms hereof or any other applicable policy of Company. “Service Content” means information, data, text, software, music, sound, images, graphics, video, messages, advertising, links to web sites, and other materials contained in the Service that is provided by Company or Content Suppliers. “Content Suppliers” means third parties who provide Service Content for use in the Service.
11. Advertising: As a result of your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third party advertisers, such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we are not be responsible or liable to you in any way in connection with these activities or transactions.
12. Links to Third Party Sites: The appearance, availability, or your use of URLs or links referenced or included anywhere in the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Company or Fuel Cycle, any of their successors and assigns. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any of their goods or services.
13 Indemnification: You agree to indemnify, defend, and hold harmless Company and Company’s shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, advisors, partners, technology licensors, software vendors, suppliers, Content Suppliers, and assigns (including Fuel Cycle and its partners, technology licensors, software vendors and suppliers), from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of, directly or indirectly: (a) your use of the Service (including, without limitation, the Service Content, Software and any Member Content) in violation of this Agreement; (b) your breach of any representation, warranty, or covenant contained in this Agreement; (c) any Member Content posted or transmitted by you on or through the Service; (d) your acts and omissions; and (e) your negligence, intentional misconduct, or violation or alleged violation of any law or any rights of any third party. Company reserves the right (but is not obligated), at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with Company and Fuel Cycle in such defense and shall be fully responsible for all costs associated therewith. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract by Company or any of Company’s shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, advisors, partners, technology licensors, software vendors, suppliers, and Content Suppliers (including Fuel Cycle and its partners, technology licensors, software vendors and suppliers).
14. Copyright Infringement: If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, or your intellectual property rights have been otherwise violated, please call Consumer Care at (877) MY-KHCARES - (877) 695-4227 and inform them of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.
15. Prize Promotions:If Company offers a sweepstakes, contest, or other promotion to Members (each, a “Promotion”), the terms and conditions of these Rules of Participation will apply along with the official rules specifically created for any such Promotion. To the extent that any provision of any such official rules conflicts with any of the terms hereof, the terms of the official rules shall govern, subject to applicable law. By participating in a Promotion (except where prohibited by law), each participant hereby consents to the use of his or her name, likeness, voice, biography, and other related data in any of the Company’s advertising, promotion and marketing materials throughout the world at any time and in any manner, without additional compensation being due to any such participant.During any calendar year, an individual shall not be eligible to enter or win a prize in a Promotion if such individual has previously received a prize, prizes, or any other items of value from the Company or any of its partners, affiliates, agents or licensors. In no event shall Company be liable hereunder for any alleged infringement by any sponsoring entity for any reason at any time, and participant hereby waives any claim he or she may have against the Company (and/or any of its partners or affiliates) in connection with same.
16. DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, YOUR USE OF THE SERVICE, THE SOFTWARE, AND ALL CONTENT OF ANY KIND CONTAINED THEREIN OR DERIVED THEREFROM (INCLUDING SERVICE CONTENT), IS AT YOUR SOLE RISK. COMPANY AND COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS AND SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT (INCLUDING SERVICE CONTENT), SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NONE OF COMPANY AND COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, AND SUPPLIERS) MAKE ANY WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND/OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PRIZES (IF ANY), OR OTHER MATERIALS OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING SERVICE CONTENT) WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WITHOUT LIMITATION ON THE FOREGOING, WE ARE UNDER NO OBLIGATION TO STORE AND/OR PROTECT YOUR MEMBER CONTENT, SO IT IS ADVISABLE THAT YOU MAINTAIN YOUR OWN COPY AT ALL TIMES.
Some jurisdictions do not allow the disclaimer of warranties. Such disclaimers and exclusions may not apply to you. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, death, or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
17. LIMITATION OF LIABILITY: SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY OF COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, DIRECTLY OR INDIRECTLY, EVEN IF COMPANY OR ANY OF COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS AND SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S (OR FUEL CYCLE’S OR ANY OF COMPANY’S OR FUEL CYCLE’S PARTNERS’, TECHNOLOGY LICENSORS’, SOFTWARE VENDORS’, SUPPLIERS’ AND CONTENT SUPPLIERS’) AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT (OR ANY OTHER AGREEMENT ENTERED INTO BY YOU WITH COMPANY IN CONNECTION WITH YOUR USE OF THE SERVICES) EXCEED $500.00.
Some jurisdictions do not allow these limitations of liability. Such limitations may not apply to you. Nothing in this Agreement limits or excludes our liability for fraudulent misrepresentation, intentional or knowing violation of this Agreement or applicable law, death, or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
18. Independent Review: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT WITH YOUR OWN COUNSEL AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN.
19. Notices: Statements, notices, and other communications to you may be made by mail, email, postings within your Account or on the Service or our website, or other reasonable means. You will be solely responsible for keeping your email and postal addresses updated on your Account. Company will not be responsible for any undelivered notices caused by your failure to update such information.
20. Choice of Law; Venue; Waiver of Trial by Jury; Waiver of Class-Action: This Agreement will be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles, except to the extent local law is mandatory for consumers. You may bring any action to enforce this Agreement or in connection with any matters related to the Service only in either the state or Federal courts located in Los Angeles C
21. No Injunctive Relief: You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including without limitation, an injunction that would restrain the operation of the Service, the exploitation of any advertising or other materials on the Service, the exploitation of the Service or any Content displayed on the Service, and/or the exploitation of any Promotion or other rights granted to Company (and/or any of its affiliates or partners, including Fuel Cycle) hereunder.
22. Third Party Beneficiary:Fuel Cycle is an intended third party beneficiary of this Agreement.
23. Conflicts between Rules of Participation and Other Terms: Except with respect to any official rules for a Promotion, if any provision contained in this Agreement conflicts with any provision in any other terms available on the Service (including without limitation any terms of use or terms of service), the provision contained in this Agreement governs.
24. General: If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches Company’s intent as expressed in the original provision and the remainder of this Agreement will continue in full force and effect. A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement (in whole or in part), by operation of law or otherwise, without the prior written approval of Company in each instance, and any such attempted assignment will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement (including whatever documents the Company has specifically referenced herein as applicable) sets forth the entire understanding and agreement between Company and you with respect to the Service made available in collaboration with Fuel Cycle, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Service made available in collaboration with Fuel Cycle. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties, or to impose any partnership obligation or liability upon any party. Neither party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of the other party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
Please contact us at 1411 W. 190th Street, Suite 500, Gardena, CA 90248 with any questions regarding this Agreement.
Privacy Policy
This Privacy Policy explains how Kings Hawaiian (“KH”) may collect, use, and share related to customer panel, survey, and marketing related activities associated with websites officially operated or sponsored by KH (the “Sites”).
1.Changes to the Privacy Policy As KH evolves its efforts at engaging the industry, consumers, and those interested in topics relevant to KH, this Privacy Policy may change to reflect this evolution. We reserve the right to amend the Privacy Policy at any time, for any reason. The date of the last revision to the Privacy Policy will be indicated by the “Last updated” date at the bottom of this page.
2.Information We Collect
2.1.Personal Information: We may collect information (whether online, by phone, or by paper) that identifies you or relates to you, your interests, or your preferences (“Personal Information”) when you: provide such information on our Sites, apply or register for KH surveys, panels, or otherwise interact with KH. The types of Personal Information collectedmay include your name, address, phone number, birth date, Email address, information about your personal opinions, or other demographic and customer preference information.Note that cookies, tags and other tools placed by third parties may collect information about you and your visits to Sites and elsewhere on the Internet including, but not limited to: your industry, company size, job function, or seniority level.
2.2.Navigational Data: As you interact with our Sites, we, or our service providers, may also collect information about your browsing history or certain other information through your use of, and visits to, Sites; and our use of a variety of technologies, including, but not limited to: cookies, tags, beacons, Internet Protocol (IP) address, and other tools. “Cookies” are pieces of code/text placed on your computer when you browse our Sites. Cookies may be placed by us or third party advertisers. “Tags” and web beacons refer to code scripts that are primarily used to track visitors’ activities on our Sites by web analytics software. The types of Navigational data collected on our Sites through the use of these, and other tools as KH may add from time to time, may include: the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, etc. (collectively, all of the foregoing data the “Navigational Data”).
3.How We Use and Share Personal Information
3.1.Once collected, we may use your Personal Information in a variety of ways including: (a)Develop or improve KH products and services; (b)Understand customer preferences, including geographical variations in such preferences; (c)Provide service communications such as order confirmations, program registrations, and customer service messages; (d)Respond to your emails or online requests for products, services, or information; (e)Deliver and process surveys; (f)Personalize and improve the usability of the Sites; (g)Fulfill and/or deliver KH products and services; (h)Sharing with certain other companies to offer you products and services that may be of interest to you as described below; (i)Tailor content, advertising, and marketing to you; (j)Share with third parties as required by law, or to protect KH as described below; and (k)Share your email address, as permitted under KH Email Policy as described below.
3.2.Sharing Your Personal Information to Fulfill Service Requests and Perform Business Functions. When fulfilling service requests initiated by you, we may share your Personal Information with certain third parties to fulfill the requests. We may also share such information with service providers that perform business functions for us. For example, KH occasionally hires other companies to provide limited services on our behalf including, but not limited to: website hosting, survey management, and social media enablement; answering customer questions about products or services; consulting services; data modeling; printing; sending postal mail; and processing panel registrations.In such cases, KH may share your Personal Information as needed.
3.3.Sharing Your Personal Information with Certain Other Companies. KH may share Personal Information with certain other companies in order to provide them an opportunity to offer products or services that may be of interest to you.
3.4.Sharing Your Personal Information When Legally Necessary or to Protect KH’s Interests. KH may disclose your Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on KH; (b) protect and defend the rights or property of KH; or (c) protect the personal safety of KH personnel or members of the public in appropriate circumstances. In addition, if KH and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if KH undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise, information may be transferred as part of that transaction or change.
4.How to Manage the Sharing of Your Personal Information You can manage your profile and e-mail preferences, including opting out of e-mail either online or by contacting us. Additionally, if you prefer to receive mailings only from KH and have your name and address removed from lists we maintain, please contact us. For California residents, please consult the “Your California Privacy Rights” for additional considerations.
5.How We May Use and Share Navigational Data Through the use of various technological tools, we may collect Navigational Data to improve the usability of our Sites and for other business reasons. We may share the Navigational Data we collect with third parties; or permit third parties to place tools like cookies, tags, and web beacons to collect additional Navigational Data when you browse our Sites. We or other third party companies may then use the Navigational Data to provide advertisements and targeted advertisements to you (ads based on the Navigational Data). Please note that you may be subject to the privacy policies of other non-KH companies when you select an advertising link or other link that takes you to sites not operated by KH.
The major browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium (“W3C”) in their latest releases. As this standard has not been finalized, KH’s Sites are not compatible with DNT and so do not recognize DNT settings.
6.Cross Border Use and Sharing of Personal Information As part of your registration or other use of the Site, KH will process your Personal Information in countries which may not be your country of residence. By submitting your registration information or otherwise using the Site, you agree that your Personal Information may be processed in a country which may have lower privacy protections under local law than your country of residence. Should you not agree to such processing, please do not register for an event or otherwise use the Site.
7.California Privacy Rights California's Civil Code section 1798.100 et seq. provides residents of California a number of rights as they relate to Personal Information. These are the “right to know”, the “right to delete”, and the “right to opt-out”.
7.1.Right to Know. You may request KH provide you the specific pieces of Personal Information that KH has about you; categories of Personal Information we have collected about you; categories of sources from which the Personal Information is collected; categories of Personal Information that KH sold or disclosed for a business purpose about you; categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and the business or commercial purpose for collecting or selling Personal Information. Please note that much of the information you can make a request for is already contained in this Policy. Should you wish to exercise this right, please see the section below which explains how to do so. If you do not have an account with KH, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
7.2.Right to Delete. California law gives residents a limited right to request deletion of their Personal Information. However, this right is limited by a number of exceptions. Fundamentally, if KH has a permissible need to retain Personal Information, we are not under an obligation to delete such information, even when requested. Generally, we retain Personal Information so we may complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with KH; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information. As such, we generally do not accept requests to delete Personal Information. However, we will respond to requests to remove Personal Information from some of our systems as a part of a request to close or otherwise disable a membership account. If you would like to request deletion of Personal Information, please see the section below which explains how to do so. If you do not have an account with KH, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
7.3 Right to Opt-Out. If you would like to opt-out of any sale of your Personal Information, you may do so by contacting us as specified in section 11.
7.4.Designating an Authorized Agent. California law permits California residents to designate an agent to manage their rights under California law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising California Privacy Rights”. Note that If you do not have an account with KH, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.
7.5.Non-discrimination. California law does not permit KH to discriminate against you because you exercised any your rights under this title, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
7.6.Exercising California privacy rights. If you are a California resident and would like to exercise any of your rights you may do so by contacting us via the methods noted above in the section 11 below. Please be aware that KH will need to have sufficient information to be able to verify your identity and the rights you have in the data subject to your request.
8.Canada Anti-Spam Law (“CASL”) KH complies with CASL. Registrants who have provided us a Canadian mailing address will not receive unauthorized Commercial Electronic Messages (“CEM” as defined under CASL) unless these individuals have opted-in to receive CEM.
9.Information Security KH implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. We restrict access to personal information to certain companies who may need to know that information in order to operate, develop, or improve our services. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, KH cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. If you have questions about this Privacy Policy, please contact us.
10. Linking to Other Internet Sites You should be aware that other Internet sites that are linked from the Sites or from an KH email message may contain privacy provisions that differ from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.
11. How You Can Access and Change Information If you are a registered participant of a panel or community, subscriber to KH publications, or a purchaser of KH products and services, you may review and update/correct your information directly on the event’s website, or by contacting us at:
moderator@theohanacircle.com
King's Hawaiian, 1411 W. 190th Street, Suite 500, Gardena, CA 90248
Last updated November 21, 2019