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Thank you for visiting kona-sol.com, which is owned and operated by Kona Sol®. By accessing and using this website and any webpages thereof (collectively the “Site”), you agree to be bound by the following Terms and Conditions and Privacy Policy without limitation or qualification. Please read them carefully.
1. Acceptance of Terms
By using the Site, registering for an account, purchasing products, or submitting any content to Kona Sol®, you agree to these Terms. If you do not agree to all of these Terms, you may not access or use the Site.
Kona Sol® may revise and update these Terms at any time by posting the amended terms on the Site. Your continued use of the Site means you accept any revised Terms.
You agree to use the Site and transact business with Kona Sol® only if you are legally permitted to do so within your country, state, city, or other jurisdiction.
These Terms require the use of arbitration to resolve disputes rather than jury trials or class actions.
2. Use of the Site
Kona Sol® grants you a limited, non-exclusive license to access and use the Site for shopping, information, education, and communication with Kona Sol® only.
You agree not to:
- Copy, modify, transmit, distribute, or create derivative works from the Site.
- Intentionally interfere with or damage the Site, including through viruses, bots, denial of service attacks, etc.
- Violate any applicable law, regulation, or ordinance connected to your use of the Site.
- Impersonate any person or entity or provide false information on the Site.
- Allow anyone else to use your account to access the Site.
Kona Sol® reserves the right to suspend or terminate any user’s access to the Site at any time for any reason.
3. Intellectual Property Rights
The content on the Site, including text, graphics, logos, icons, products, product descriptions, images, etc. is the property of Kona Sol® and protected by U.S. and international copyright laws. All trademarks, service marks, trade names, and trade dress are proprietary to Kona Sol®.
You may share links to pages on the Site, but you may not copy, distribute, modify or create derivative works from content without express written permission. Image credits and licenses are detailed on each webpage.
4. User Content
The Site may allow you to upload or submit photos, comments, ratings and other content (“User Content”). User Content remains your property.
However, by sharing User Content via the Site’s features, you agree to allow Kona Sol® to use this content. For example, displaying User Content on the Site, marketing and promotional materials, etc.
You represent that you own the rights to share any User Content, and that such User Content is accurate and non-misleading. Kona Sol® takes no responsibility for any User Content, and users post and share at their own risk.
5. Purchases and Payment
You agree that all purchases made via the Site are subject to the following terms:
- Product Availability: We try to display accurate product information like prices, images, etc. However, items may be discontinued or unavailable without prior notice. Typographical errors may result in inaccurate pricing of products. Kona Sol® reserves the right to refuse or cancel any order with an incorrect price.
- Prices: Prices on products are subject to change without notice. When you submit an order, charges will reflect the price currently listed on the Site.
- Promo Codes: Percentage or dollar amount discounts may be applied to your purchase if you enter certain promo codes at checkout. Promo code usage may be limited to one per customer or order.
- Taxes: At checkout on the Site, you will be presented with an estimate of taxes and shipping & handling charges. Actual billed taxes and fees may vary from the estimate. You are responsible for compliance with all applicable local sales tax laws.
- Payments: Acceptable payment methods will be displayed at checkout. Orders are only shipped once payment is successfully completed. By submitting payment information, you represent you have authorization to use the provided payment method.
- Shipping and Delivery: Shipping and delivery policy will be displayed at checkout. Kona Sol® strives to meet listed timelines but does not guarantee delivery dates. We are not liable for shipping delays or delivery failures.
- Returns: If you are not fully satisfied with any product purchased on the Site, you may return it for a full refund subject to our Returns Policy.
6. Account Registration
In order to make purchases, you may need to register and create an account on the Site. You must be at least 18 years old to register an account.
When registering, you agree to provide us with accurate and complete registration details, and inform us promptly of any changes or updates to this information.
It is your responsibility to ensure the security of your username and password. You are fully responsible for any activity linked to your account. We are not liable for any unauthorized transactions or access to your account.
7. Third Party Links and Integrations
The Site may contain links to third party websites, apps, services, or integration with third party platforms (like social media sites) collectively (“Third Party Services”).
Kona Sol® does not control or endorse these Third Party Services, and we are not responsible for their availability, accuracy, content, or policies. You use all Third Party Services at your own risk.
8. Disclaimers and Limitations
Kona Sol® aims to provide accurate product descriptions, pricing, and other content. However, errors or inaccuracies may occur. We reserve the right to correct any errors at our sole discretion.
The Site and all Site Content is provided “as is” without any warranty – express or implied. We cannot guarantee the Site or Content therein will be available, accurate, complete, reliable, or fit for any particular purpose.
Specifically:
- We cannot guarantee any particular seller will have the goods you ordered in stock, complete the transaction, or be trustworthy. You assume all risks for direct dealing with third party sellers.
- We do not guarantee any product descriptions, photographs, representations, or other content is accurate, complete, reliable, current or error-free. Content is provided for informational purposes only. All purchases are made based solely on your own judgement.
To the maximum extent permitted under applicable law, Kona Sol® disclaims any liability for loss or damage of any kind arising out of your use of or inability to access the Site. This includes direct, indirect, special, incidental damages or consequential losses.
Kona Sol® will not be liable to you based on contract, tort, negligence, breach of statutory duty, product liability, or any other legal or equitable grounds. All product liability is disclaimed to fullest extent permitted by law.
9. Indemnification
You agree to defend, indemnify, and hold Kona Sol® including our affiliates, employees, agents, and service providers harmless from any claims, damages, losses, liability or expenses arising from or related to:
- Your use or misuse of the Site
- Any User Content you provide
- Your violation of these Terms
- Your violation of any applicable laws or rights of others
We reserve the right to handle our legal defense however we see fit even if you agree to indemnify Kona Sol®.
10. Governing Law
These Terms are governed under the laws of the State of California, U.S. Our online transactions and electronic documents fall under the Uniform Electronic Transactions Act.
11. Modifications
We may revise these Terms at any time by updating the posting. Modifications become effective immediately upon publication on the Site.
Your continued use of the Site indicates acceptance of revised Terms. You should visit this page regularly to keep apprised of any changes. We will try to notify users of any significant changes.
12. Contact Information
Please direct any questions regarding these Terms or your use of the Site to our Contact Page.
Additional Disclosures
A. Force Majeure
Kona Sol® is not liable for any failure to perform due to causes beyond reasonable control including natural disasters, pandemics, war, terrorism, labor condition, governmental embargo, acts of God, and other circumstances that prevent operations in spite of Kona Sol®’s reasonable precautions.
B. Severability
If any provision of these Terms is held invalid, illegal or unenforceable, the remaining clauses will remain in effect.
C. No Waiver
Kona Sol®’s failure to enforce a provision is not a waiver of the right to do so in the future.
D. Assignment
Kona Sol® may freely assign these Terms. You may not assign, transfer or sublicense any rights or obligations under these Terms without written consent.
E. Entire Agreement
These Terms including terms incorporated by reference constitute the entire agreement between you and Kona Sol® regarding use of the Site, superseding all prior agreements.
F. Contact Information
Kona Sol®
123 Kona Sol Dr
Los Angeles, CA 90001
Email: [email protected]
Phone: (555) 123-4567
