Terms & Condition

Legal Notice

All notices from KONA’S CHIPS to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to KONA’S CHIPS shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at:

Box 1212 Modesto, CA 95353

Delivery shall be deemed to have been made by You to KONA’S CHIPS five (5) days after the date sent.

Copyright Notice

All content appearing on this Web site is the property of KONA’S CHIPS.
Copyright © 2007 KONA’S CHIPS. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2007 KONA’S CHIPS. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by KONA’S CHIPS. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of KONA’S CHIPS or any third party, except as expressly granted herein.

Terms of Use

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. KONA’S CHIPS and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if KONA’S CHIPS believes that customer conduct violates applicable law or is harmful to the interests of KONA’S CHIPS and its subsidiaries. Test

Privacy Policy

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. KONA’S CHIPS and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if KONA’S CHIPS believes that customer conduct violates applicable law or is harmful to the interests of KONA’S CHIPS and its subsidiaries.

We do not share or sell customers’ private information. We use email addresses to notify our customers of the shipping status, tracking information, and any upcoming sales specials.

Shipping and Delivery

At this time, KONA’S CHIPS ships merchandise to locations within the United States and U.S. territories, including Alaska, and Hawaii.

Return Policy

If you are not satisfied with our products please return them for a refund. There are no extra fees.

KONA’S CHIPS 

1057 Woodland Ave 

Modesto, CA 95351

International

KONA’S CHIPS does not ship internationally.

Sales Tax

KONA’S CHIPS charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

Warranties

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. KONA’S CHIPS makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.

KONA’S CHIPS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL KONA’S CHIPS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
— OR Depending on State —
The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by KONA’S CHIPS.

The references and descriptions of products or services within the Web site materials are provided “as is” without any warranty of any kind, either express or implied. KONA’S CHIPS is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information (“advertisers”), and not KONA’S CHIPS.
The inclusion of material on this server does not imply any endorsement by KONA’S CHIPS, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although KONA’S CHIPS tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy

You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). KONA’S CHIPS reserves the right to change its payment procedures at any time without prior notice to you.

Miscellaneous

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. KONA’S CHIPS and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

BINDING ARBITRATION OF CLAIMS AND DISPUTES: Resolution of disputes by arbitration: This section contains important information regarding your accounts and all related services. It provides that we can require that any disputes be resolved by binding arbitration. Arbitration replaces the right to go court, including the right to a jury trial and the right to participate in a class action or similar proceeding. In arbitration, the dispute is submitted to a neutral party, an arbitrator, instead of a judge or jury. Arbitration procedures may be more limited than rules applicable in court.

Agreement to Arbitrate Disputes

We may elect, without the other’s consent, to require that any dispute between us concerning Your Accounts and the services related to your Accounts be resolved by binding arbitration.

No Class Action or Joinder of Parties

You acknowledge that you and we agree that no class action, class-wide arbitration, private attorney action, or other proceeding where someone acts in a representative capacity, may be pursued in any arbitration or in ay court proceeding, regardless of when the claim or cause of action arose or accrued, or when the allegations or facts underlying the claim or cause of action occurred. Claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration.

Disputes Covered by Arbitration

You acknowledge that in arbitration there will be no right to jury trial. Any claim or dispute relating to or arising out of Your account or our relationship will be subject to arbitration. It being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may award relief only on an individual (non-class, non-representative) basis. This arbitration provision in the broadest way the law will allow it to be enforced.

All disputes are subject to arbitration, no matter what legal theory they are based on, or what remedy (damages, or injunctive or declaratory relief) they seek.

Disputes Excluded from Arbitration

Disputes filed by you or by us individually in small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual (non-class, non-representative) claims for relief. However, if a matter in small claims court is removed, transferred, or appealed to a non-small claims court, that claim shall be subject to this arbitration provision.

Costs

The party initiating the arbitration shall pay the initial filing fee. All fees and costs will be allocated in accordance with the rules of the arbitration forum. Each party shall bear the expense of their respective experts, witnesses, and other expenses, regardless of who prevails, but a party may recover any or all costs and expenses from another party if the arbitrator, applying applicable law, so determines.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and KONA’S CHIPS with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and KONA’S CHIPS with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by KONA’S CHIPS. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.