Terms and Conditions
These terms and conditions (“Terms”) govern your use of the website www.konacloudforest.com (“Website”) operated by Kona Consciousness LLC, doing business as Kona Cloud Forest Sanctuary (“Kona Cloud Forest Sanctuary,” “we,” “us,” or “our”). By accessing or using the Website, you (“User,” “you,” or “your”) agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using the Website.
1. Website Use
1.1. Eligibility: You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are at least 18 years of age.
1.2. Limited License: Subject to these Terms, Kona Cloud Forest Sanctuary grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes. You may not modify, reproduce, distribute, display, or create derivative works based on the Website or any content therein, without our prior written consent.
1.3. Prohibited Conduct: You agree not to:
Use the Website in any unlawful, fraudulent, or unauthorized manner;
Transmit viruses, malware, or any other harmful code;
Interfere with the operation or security of the Website;
Attempt to gain unauthorized access to any part of the Website or any systems or networks connected to the Website;
Use any automated means or interface not provided by Kona Cloud Forest Sanctuary to access the Website;
Collect or harvest any personally identifiable information from the Website without our prior written consent;
Engage in any activity that restricts or inhibits any other user from using the Website;
Violate any applicable laws, regulations, or these Terms.
2. Intellectual Property
2.1. Ownership: The Website and its content, including but not limited to text, graphics, logos, images, audio clips, and software, are the exclusive property of Kona Cloud Forest Sanctuary or its licensors and are protected by intellectual property laws.
2.2. Trademarks: “Kona Cloud Forest Sanctuary”, “Kona Cloud Forest” and any other trademarks, service marks, or logos used on the Website are the trademarks of Kona Cloud Forest Sanctuary or its licensors. You may not use any trademarks, service marks, or logos displayed on the Website without our prior written consent.
3. Privacy
Your privacy is important to us. Our Privacy Policy governs the collection, use, and disclosure of your personal information and is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
4. Links to Third-Party Websites
The Website may contain links to third-party websites for your convenience. These links are provided solely as a convenience to you and do not imply endorsement, sponsorship, or affiliation by Kona Cloud Forest Sanctuary. We have no control over the content, policies, or practices of third-party websites and are not responsible for any loss or damages incurred by your use of such websites. We encourage you to review the terms and conditions and privacy policies of any third-party websites you visit.
5. Limitation of Liability
To the maximum extent permitted by applicable law, Kona Cloud Forest Sanctuary, its affiliates, and their respective directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your use of or inability to use the Website.
6. Indemnification
You agree to indemnify, defend, and hold harmless Kona Cloud Forest Sanctuary and its affiliates, officers, directors, employees, and agents from
and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the Website or violation of these Terms.
7. Modification and Termination
Kona Cloud Forest Sanctuary reserves the right to modify or terminate the Website or these Terms at any time without prior notice. We may also restrict, suspend, or terminate your access to the Website if we believe, in our sole discretion, that you have violated these Terms or applicable laws. Upon termination, the provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification obligations.
8. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Kona Cloud Forest Sanctuary is located, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or your use of the Website shall be resolved exclusively through binding arbitration, conducted in the English language, in the jurisdiction where Kona Cloud Forest Sanctuary is located. The arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of the arbitration tribunal. The decision of the arbitrator shall be final and binding on the parties.
9. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
10. Entire Agreement
These Terms constitute the entire agreement between you and Kona Cloud Forest Sanctuary regarding your use of the Website and supersede any prior or contemporaneous understandings.
If you have any questions or concerns regarding these Terms, please contact us at info@konacloudforest.com.
Last updated: 6/10/2023
By using the Website, you acknowledge that you have read and understood these Terms and Conditions and agree to the collection, use, and disclosure of your personal information as described herein.
Thank you for reviewing our Terms and Conditions.