Terms and Conditions
Content and Copyright, Trademark, and Related Issues
The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the "Content") are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.
The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.
MacFarms, LLC / Royal Hawaiian Orchards will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
Nutrition, Fitness, and Well Being Information
Certain Content presented on Site is intended to impart general nutrition, fitness and wellness information. The Content is not intended to be construed as or be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor the Site recommends or endorses any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our Site or Content. Using our Site is solely at your own risk.
Linking / Third-Party Links on Our Site
In general, MacFarms, LLC / Royal Hawaiian Orchards does not object to links to our Site from third-party Web sites. However, you must abide by the following rules:
- Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site. • Do not present the link to our Site in any way that suggests MacFarms, LLC / Royal Hawaiian Orchards, or our Site has any relationship or affiliation with your Web site or endorses, sponsors, or recommends the information, products, or services on your Web site unless you have a specific written agreement with MacFarms, LLC / Royal Hawaiian Orchards to do so; • Link only to the home page of our Site; and • Do not, without MacFarms, LLC / Royal Hawaiian Orchards' written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any "metatag" or other information used by search engines or other information location tools to identify and select Web sites.
MacFarms, LLC / Royal Hawaiian Orchards will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation, and goodwill of Royal Hawaiian and its products. MacFarms, LLC / Royal Hawaiian Orchards reserves the right to cancel permission to link at any time, for any reason.
Limitation of Liability
The use of the Site and Content is at your own risk and is provided "as is." Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise, or corruption of any data or other information transmitted in connection with the use of the Site, including information you provide to us or our Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, MACFARMS, LLC / ROYAL HAWAIIAN ORCHARDS AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall we, the Site, our licensors, suppliers, and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary, and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If for any reason, MacFarms, LLC / Royal Hawaiian Orchards shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under, or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content, or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
You agree to defend, indemnify, and hold MacFarms, LLC / Royal Hawaiian Orchards, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
MacFarms, LLC / Royal Hawaiian Orchards is based in Captain Cook, Hawaii, in the United States of America. MacFarms, LLC / Royal Hawaiian Orchards makes no claims that the Site, any Content, or User Content are appropriate or may be transmitted, used, or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Law that Applies; Interpretation and Modification
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Alameda, State of Hawaii, to adjudicate and resolve any dispute with MacFarms, LLC / Royal Hawaiian Orchards, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF HAWAII IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
MacFarms, LLC / Royal Hawaiian Orchards respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MacFarms, LLC / Royal Hawaiian Orchards' Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is MacFarms, LLC / Royal Hawaiian Orchards' policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide MacFarms, LLC / Royal Hawaiian Orchards' Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).
DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you would like to submit a claim of copyright infringement, please substantiate each claim by sending MacFarms, LLC / Royal Hawaiian Orchards' registered Copyright Agent a Notification of Claimed Infringement at the mailing address below:
Mike Rule Pepper Hamilton 4 Park Plaza, Suite 1200 Irvine, California 92614-5955
While you may call us, this does not constitute a proper Notification to us. To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:
(a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
(b) Identification of the copyrighted material claimed to have been infringed.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled.
(d) Information reasonably sufficient to permit Royal Hawaiian to locate the material that is claimed to be infringing or to be the subject of infringing activity.
(e) Information reasonably sufficient to permit Royal Hawaiian to contact you, such as a physical address, email address, and telephone number.
(f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you elect to send us a Counter-Notification, please send an email or letter to MacFarms, LLC / Royal Hawaiian Orchards' registered Copyright Agent at the email or mailing address below:
Mike Rule Pepper Hamilton 4 Park Plaza, Suite 1200 Irvine, California 92614-5955
While you may call us, this does not constitute a proper Counter-Notification to us. To be considered effective, a Counter-Notification must be submitted in writing and include the following information:
(a) Physical or electronic signature of the user or a person authorized to act on behalf of the user.
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the County of Alameda, State of Hawaii and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to: MacFarms LLC, 89-406 Mamalahoa Hwy. Captain Cook, HI. 96704
MACFARMS, LLC / ROYAL HAWAIIAN ORCHARDS MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
Terms of Service have been updated on February 18 2021 and effective immediately.