Who these terms are for:
- General usage of the website as a service
- Associate Members and their agreement with the PKNF.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY PURE KNF FOUNDATION WEBSITE AS IT MAY AFFECT YOUR LEGAL RIGHTS. IN PARTICULAR, PLEASE READ THE SECTION TITLED GOVERNING LAW, VENUE AND DISPUTE RESOLUTION, WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION. BY USING OUR SERVICES YOU ARE LEGALLY BOUND TO THESE TERMS.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Notice of any changes to these terms will be given to Associate Members via email.
PAYMENT AND REFUND POLICY
Pure KNF Foundation operates under a strict no-refund policy for all membership fees. Once a membership is purchased, no refunds will be issued for any reason.
If auto-renewal of membership is selected, notice of renewal will be sent one month, one week, and one day prior to the renewal date to remind the Associate Member of renewal and to give the Member a chance to cancel auto-renewal before payment. If auto-renewal is not canceled prior to renewal date the payment will be processed and refunds are not available.
If auto-renewal is not selected, Members will receive notice of renewal one month, one week and one day prior to the expiration of their membership. Members must renew on or before renewal date to avoid interruption of services.
If payment is not received by the date of renewal the membership will be terminated immediately, and account removal will happen 7 days from the due date unless payment is received.
USE OF CONTENT
PUBLIC FORUMS, COMMUNICATION AND USER CONTENT
“Public Forum” means a chat area, bulletin board, weblog, blog, review section, posting or e-mail function offered as part of any Property. The Properties may now or in the future permit, via Public Forums or other means, the submission of Content at the direction of users of the site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You shall be solely responsible for User Content you submit and the consequences of PKNF’s or its Service Provider’s posting or publishing such User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of PKNF and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by PKNF including, but not limited to any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. PKNF reserves the right to remove content that we believe may be offensive to our audience and/or which violates our microbially-oriented standards. Please be advised that because of real-time circumstances, these materials may be removed, as soon as possible, subject to our time constraints.
PKNF is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. PKNF reserves the right to terminate your ability to access any Public Forum for any reason and without notice.
By communicating in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) PKNF and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition to the foregoing licenses, you hereby grant both PKNF and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials in connection with other websites that make use of services provided by PKNF’s Service Providers. You warrant that all so-called “moral rights” in those materials have been waived.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) impersonate another person.
WITHOUT LIMITATION OF THE FOREGOING, PKNF DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.
COPYRIGHT INFRINGEMENT NOTIFICATIONS
If you are a copyright holder and believe that material directly available via the Properties infringes your copyrighted work, please let us know by sending a notice with the following information addressed to email@example.com or to the address below:
- the copyright work alleged to have been infringed;
- the allegedly infringing material and information reasonably sufficient to help us locate the material on the Properties;
- your contact information, including at least your complete name, address, phone number and e-mail address;
- a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- a statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and your physical or electronic signature.
THIRD PARTY PRODUCTS, ADVICE AND SERVICES
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or through the Properties. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.
We provide links to third party direction, location and map services solely as a convenience to our users, which are intended to be used solely for informational purposes. We make no warranties on the accuracy of their content, route usability, expeditiousness or road conditions (including whether there are obstructions, like tunnels or bridges that may inhibit certain vehicles from safely using a particular route.) You assume all risk of use. PKNF and its suppliers shall not be liable to you or any other person for any loss, damage or delay resulting from your use of these third party services.
We are not involved in any actual transaction between any user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes.
Merchant and service availability, price and time-related information appearing on the Properties are subject to change. PKNF is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Properties before acting in reliance on such terms.
Third-party products and services represented on any Property are not necessarily endorsed or recommended by PKNF and PKNF disclaims all responsibility regarding the performance or the use of third-party products and services.
PKNF does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Properties.
THE MATERIALS ON AND AVAILABLE THROUGH THE PROPERTIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PKNF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PKNF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS. PKNF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN AND AVAILABLE THROUGH THE PROPERTIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PKNF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY AND LIMITATION OF LIABILITY
You agree to indemnify and hold PKNF (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Properties.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PKNF BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN AND AVAILABLE THROUGH THE PROPERTIES, EVEN IF PKNF OR A PKNF AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PKNF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PROPERTIES.
The PKNF marks depicted herein are owned by PureKNF Foundation. All other trademarks and service marks depicted herein are owned by their respective owners. Duplication, tampering or unauthorized use in any way of any PureKNF Foundation trademarks is prohibited and offenders may be subject to fines and civil and/or criminal prosecution.
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
These Terms will be governed by the laws of the State of Hawaii, United States, without regard to conflict-of-law principles. You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in Hawaii County, Hawaii.
If you believe you have a dispute or claim against us arising out of your use of the Properties or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.
If we are unable to resolve your concerns informally within 30 days after our receipt of your notice, you may file a claim in small claims court so long as you proceed only on an individual basis or commence an arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST PKNF IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding. You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in the State of Hawaii. You agree that we may seek interim or preliminary relief from a court of competent jurisdiction in Hawaii, necessary to protect its rights or property pending the completion of arbitration.
You must file a demand for arbitration with the AAA within ONE (1) YEAR after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise, your claim is waived.
INTERNATIONAL USERS AND VISITORS
If you are accessing or using any of the Properties from a jurisdiction outside of the United States, you understand and agree that such access and use shall be governed by these Terms and United States law.
By using our Properties you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning if we believe that you are under 13 years of age. Members must be 18 years of age or older upon the date of application.
By joining PKNF-sponsored membership clubs, you agree and acknowledge that we may recognize your membership among our affiliated companies and on our Properties.
These Terms may be subject to change; the result of any change will be reflected on these pages.
PureKNF Foundation, a 501(c)3 non-profit organization
PO Box 59
Papaikou, Hawaii 96781
Last Updated 12/23/2023