Terms & Conditions

Made in Hawaii Festival Website Terms of Use

Aloha and welcome to the Made in Hawaii Festival Website!

1. Your Acceptance of the Terms

This website, including the online marketplace, located at http://www.madeinhawaiifestival.com/ (the “Site”) is operated by the Hawaii Food Industry Association dba Made in Hawaii Festival (“MIHF”). Throughout the Site, the terms “we”, “us”, and “our” refer to MIHF. MIHF offers this Site, including all information, tools, and services available from this Site to you conditioned on your acceptance of all terms, conditions, policies, and notices stated here in these Terms of Use (the “Terms”).

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence. These Terms are a legally binding contract between you and MIHF, and apply to all users of the Site, including without limitation users who are browsers, vendors, customers, etc. Please read the Terms carefully before accessing the Site. BY USING THE SITE, YOU AGREE TO BE LEGALLY BOUND TO AND COMPLY WITH THE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

2. Changes to the Terms

We may change and otherwise update the Terms, so please check the Terms from time to time as your continued use of the Site following our posting of changes will mean that you accept and agree to the changes. Changes will be effective upon the posting of the changes unless we say otherwise.

3. Ownership of the Site and Content

Unless otherwise specified, all the Content (e.g., text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code), including but not limited to the design, structure, coordination, and “look and feel” of such Content on the Site is owned, controlled or licensed by or to MIHF and is protected under copyright, trademark, and other intellectual property and unfair competition laws. You agree you will not copy, reproduce, distribute, publish, transmit, modify, display or create derivative works from or exploit the Content of the Site in any way.

4. No Unlawful or Prohibited Use of the Site

We shouldn’t need to say it – but we’ll say it anyway – you agree that you will not use the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site. We reserve the right to terminate your use of the Site for violating any of the prohibited uses. You acknowledge that your unauthorized use of the content of the Site could cause us irreparable harm and may entitle us to injunctive relief in addition to any other remedies available at law or in equity.

5. Purchases Through Online Marketplace Vendors

We are pleased to offer the Made in Hawaii Festival in a virtual format. This online marketplace features a unique collection of made-in-Hawaii products offered by independent artists, artisans, and others (each, a “Vendor”). You understand and agree that MIHF does not manufacture, store, inspect, handle, package, or ship any of the items sold by any Vendors on or through the Site’s online marketplace. This means that when you buy items from a Vendor, you understand and agree that additional terms and conditions (not described here in the Terms) may apply, and that those additional terms and conditions may differ as between each Vendor. Each Vendor is responsible for fulfilling their orders, and each has established their own shipping and return policy. Vendors may also have additional policies applicable to your purchase. You are responsible to review and confirm what those policies are before making your purchase.

By making a purchase on the Site, you agree that you have: read, understood, and accepted the description of the item(s) and Vendor policies before making your purchase; provided accurate shipping information; and submitted the correct payment for the item(s) and shipping (if applicable).

6. Disclaimer of Warranties

By using the Site, you agree there are things that we are not responsible for and things that you cannot sue us for – these disclaimers of warranties and limitations on our liability – include the following:

Site Content: We try to avoid it, but the Site may include inaccuracies or typographical errors or historical information that is not current. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Content contained on the Site for any purpose. All Content is provided “AS IS” without warranty or condition of any kind. We disclaim all warranties and conditions with regard to the Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, as well as any warranties implied by a course of performance, course of dealing, or usage of trade. You release MIHF from any and all liability relating to the Content.

Items You Purchase: As we said in Section 5, you understand and agree that MIHF does not manufacture, store, inspect, handle, package, or ship any of the items sold through any Vendor on or through the Site’s online marketplace. All items offered for sale are produced, listed, sold, and shipped directly by independent Vendors. Additionally, your payment(s) for purchase(s) with any Vendor through the Site will be processed by Stripe, Inc., an external financial service provider. As a result, you understand and agree that we do not and cannot make any representations or warranties regarding the quality, safety, or legality of the items that you purchase; that items you purchase will be shipped to and received by you; or regarding the manner in which your payment(s) for purchase(s) are processed.

Additionally, although each Vendor has represented and warranted to MIHF that its products are made-in-Hawaii within the meaning of Hawaii Revised Statutes (“HRS”) § 486-119, and MIHF has no information suggesting otherwise, MIHF does not represent, warrant or certify that such products do in fact meet the requirements of HRS § 486-119.

If you have any questions regarding any of the items offered for sale, we encourage you to contact the Vendor of those items before making your purchase. By making a purchase on the Site, you agree that you have: reviewed, understood, and approved the description of the item(s) and Vendor policies before making your purchase; provided accurate shipping information; reviewed, understood, and approved Stripe, Inc.’s applicable terms of service; and submitted the correct payment for the item(s) and shipping (if applicable). Any inquiry regarding items that you purchase from a Vendor, e.g., shipping/tracking information, return policies, etc. and any legal claim related to an item you purchase from a Vendor must be brought directly to or against the Vendor of the item. You release MIHF from any claims related to items sold by Vendors using the Site, including, but not limited to claims for or arising from defective items, misrepresentations by Vendors, product liability claims, and other claims. Additionally, you release MIHF from any claims related to the processing of your payment(s) for items(s) purchased by Stripe, Inc.

People You Interact With: The Site may provide communication forums, such as a blog. You understand that we do not screen persons or their content posted to these forums for any purpose, whether for accuracy or otherwise. If you use these forums, you do so at your own risk. We encourage all Site users to exercise caution and good judgment in all interactions with other Site users. MIHF has no obligation to monitor the communication forums. However, MIHF reserves the right to review materials posted to the communication forums, and to remove any materials in its sole discretion. You release us from all liability relating to your interactions with other Site users and the communication forums.

Third-Party Links and Services: The Site may contain links to other Web Sites that MIHF does not own or control (“Linked Sites”). You agree that we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. When you access these Linked Sites, you do so at your own risk. The inclusion of any Linked Site does not imply or represent that we endorse the Linked Site. You release us from all liability relating to your use of Linked Sites.

7. Limitation of Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIHF BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIHF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL MIHF’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OR ANY WAY RELATED TO THE SITE OR YOUR USE OF THE SITE EXCEED THE AMOUNT YOU EXPENDED ON PURCHASES FROM THE SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

8. Indemnification

You agree to defend, indemnify, and hold harmless MIHF and/or its directors, officers, employees, agents, attorneys, representatives, and all sponsors of the Made in Hawaii Festival event and online marketplace, including, but not limited to Central Pacific Bank Foundation, Mahi Pono, Ulupono Initiative, Hawaii State Department of Agriculture, Buy Local, it Matters, Innovate Hawaii, Hawaiian Airlines, Hawaiian Air Cargo and their respective authorized agents, investors, affiliates, officers, shareholders, directors, agents, representatives, and employees (“MIHF Related Persons”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including, reasonable attorney’s fees) arising out of or relating to your violation of these Terms, your use of the Site, or your violation of any law or the rights of any third-party in conjunction with your use of the Site.

9. Personal Information and Privacy

For information about how we collect, protect and use your personal information, please see our Privacy Policy.

10. Your Materials

We do not make any claim to own any materials that you post to or submit using the Site, such as your name, comments, feedback, suggestions, reviews, etc. (collectively, your “Materials”). By posting or submitting your Materials to the Site, you represent that your Materials are not defamatory or libelous and does not violate, infringe upon or misappropriate the rights of any third-party, including, but not limited to any rights of privacy or publicity, as well as any intellectual property or other proprietary rights.

By posting or submitting your Materials to the Site, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use it, including, without limitation, to copy, distribute, transmit, publicly display, reproduce, edit, create derivative works, translate and reformat it, and to publish your name with the Materials. For example, if you submit a review of the Site, we may publish your review together with your name for purposes of promoting the Site. We are under no obligation to use your Materials, but if we do, you agree that you will not be paid any compensation for our use.

11. Governing Law; Venue; No Class Action

We are based in Hawaii. These Terms are governed by the laws of the State of Hawaii, without regard to its conflict of laws rules. Any legal action, suit, or proceeding against or involving MIHF or MIHF Related Persons must be filed and take place in Honolulu, Hawaii. You agree to submit to the personal jurisdiction of a state or federal court in Honolulu, Hawaii.

YOU AND WE IRREVOCABLY AGREE TO GIVE UP ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM ARISING OR IN ANY WAY RELATED TO THIS SITE OR YOUR USE OF THE SITE.

12. Termination; Restriction of Access

As the owner of the Site, we have the right to terminate your access to the Site and the related services or any portion thereof at any time, without notice. We also have the right to do any of the following, at any time, without notice to you: (a) to modify, suspend or terminate operation of or access to the Site, or any portion or feature of the Site, for any duration of time for any reason; (b) to modify or change the Site, or any portion or feature of the Site, and any applicable policies or terms; and (c) to interrupt the operation of the Site, or any portion or feature of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

13. Our Relationship With You

You agree that no joint venture, partnership, franchisee, employment, or agency relationship exists between you and MIHF as a result of the Terms or your use of the Site.

14. Waiver

Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.

15. Severability

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

16. Headings

The headings in these Terms are for convenience only and in no way define, limit or otherwise describe the scope or intent of the Terms.

17. Contact Information

Questions about the Terms should be sent to us by e-mail at [email protected]; by mail at 1050 Bishop Street, PMB 235, Honolulu, Hawaii 96813; or by telephone at (808) 533-1292 ext. 3.