Toggle menu SEARCH CART TERMS & CONDITIONS Last Modified: May 29, 2020 Welcome to our new website where you will find information about our company's history and tradition, our famous King's Hawaiian bakery products, restaurants, and just about everything else you want to know about us. Before you relax, browse and experience our company and our products, please do take time to read through these Terms and Conditions carefully as they govern your access and use of our site. Thank you for your cooperation! ACCEPTANCE OF THE TERMS AND CONDITIONS These Terms and Conditions are entered into by and between You and King's Hawaiian Bakery, West Inc. (“King’s Hawaiian” “we,” or “us”). The following Terms and Conditions govern your access to and use of this website www.kingshawaiian.com (the “Website”), including any content, functionality, and services offered on or through the Website. Please read the Terms and Conditions carefully before using the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use this Website CHANGES AND UPDATES We may modify or update these Terms and Conditions from time to time in our sole discretion, with or without prior notice. All changes are effective immediately when we post them. Please check back regularly for changes and updates. Your continued access and visits to this Website after we post a change or update constitutes your acknowledgment and acceptance of such change or update. ACCESS AND USE OF THE WEBSITE We hereby grant you a limited license to access and use our Website for your personal, non-commercial use ONLY. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website: In any way that violates any applicable federal, state, local, or international law or regulation. To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation. To impersonate or attempt to impersonate King’s Hawaiian, a King’s Hawaiian employee, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). To engage in any other conduct that restrict or inhibit anyone’s use or enjoyment of the Website, or which, as determined by us, may harm King’s Hawaiian or users of the Website or expose them to liability. Otherwise attempt to interfere with the proper working of the Website. INTELLECTUAL PROPERTY RIGHTS The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video audio, and the design, selection, and arrangement thereof) are owned by King’s Hawaiian, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The terms KING’S HAWAIIAN, KING’S HAWAIIAN and Crown Logo, THE ORIGINAL KING'S HAWAIIAN, KING'S HAWAIIAN JALAPENO BREAD, TASTE PARADISE, THE LOCAL PLACE, ALOHA IN EVERY BITE, SHARE THE HAWAIIAN WAY, LIGHT ROASTED KONA COFFEE, and other marks and logos containing any of the foregoing, are all trademarks of King’s Hawaiian and are protected under federal and state laws. You must not use such marks without the prior written permission of King’s Hawaiian. All other marks and logos appearing on this Website (including those third party vendors and distributors) are the property of their respective owners. You may not copy, reproduce, distribute, transmit, modify, link to or from, frame, or otherwise exploit our Website or its content in any manner or by any means without our prior expressed written permission. You may print or download content on our Website for your personal, non-commercial use ONLY, provided that you keep intact all copyright, trademarks and other proprietary notices contained in or accompanying such content. Other than this limited right to use such content, no other rights in or to the Website or any content on the Website is granted to you, and all rights not expressly granted are reserved by King’s Hawaiian. This license will automatically terminate should you violate any of these Terms and Conditions. USER CONTENT Any content that you submit to this Website or to us, whether directly or through a third-party will be deemed to be non-confidential and non-proprietary and may be disclosed through this Website to unknown persons on a worldwide basis without control by us, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Website or us except for User Content that is fully authorized for purposes of this Website and these Terms and Conditions, and by posting User Content on this Website or otherwise submitting User Content to us, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute User Content, and it will not infringe the rights of any third party. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You hereby grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Website or to us. We do not endorse any User Content, or third party product or service that may appear on this Website. Nothing in these Terms and Conditions shall obligate us to use any User Content you submit or permit the posting of such User Content on this Website. You agree to submit only User Content that is functionally and technically compatible with this Website. You agree not to engage in conduct or submit to this Website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, sexually explicit, abusive, harassing, violent, hateful, inflammatory, offensive, or otherwise objectionable. You agree not to cause damage, embarrassment or adverse publicity to us. COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the content; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries and notices under the Digital Millennium Copyright Act, please contact our Copyright Agent at: Joseph V. Myers, III Seyfarth Shaw LLP 1075 Peachtree Street, NE Suite 2500 Atlanta, GA 30309-3962 Phone: 404-885-1500 Email: JMyers@seyfarth.com PRIVACY Our Website is designed to provide information on our company, promotions, and products to the general public and is accessible to everyone. The provisions of our Privacy Policy are hereby incorporated into these Terms and Conditions and apply to your access and use of our Website, and we therefore recommend that you review the Policy, which is available at: http://www.kingshawaiian.com/privacy-policy or by clicking here. DISCLAIMERS Our website is for general information purposes only. YOUR USE OF THE WEBSITE, ITS CONTENT, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK AND THAT, UNDER NO CIRCUMSTANCES, WILL YOU HOLD KING’S HAWAIIAN Y OR ANY OF ITS AFFILIATES LIABLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT ON OUR WEBSITE OR FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR USE OF OR RELIANCE ON ANY CONTENT ON OUR WEBSITE. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KING’S HAWAIIAN NOR ANY PERSON ASSOCIATED WITH KING’S HAWAIIAN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, KING’S HAWAIIAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ONLINE RETURN POLICY If you are not fully satisfied with your purchase, please contact us at khcares@kingshawaiian.com or 877-MYKHCARES (877-695-4227) within 30 days and we'll gladly replace or refund your order. Non-perishable items must be in brand new, unused condition. The customer is responsible for return shipping costs and original shipping costs are non-refundable unless the product was defective or did not match the website description. Refunds will be given in the same form of payment as originally used within approximately 72 hours of our receipt of the returned merchandise. The time it takes for credit card financial institutions to reflect refunds varies but is typically within 7 to 10 days. SHIPPING POLICY MINIMUM ORDER: $13.00 Orders Placed by 10am Pacific Standard Time will ship out of our facility on the same business day* *at times, we may require additional business days to process your order due to promotion volume, holidays, or acts of god. 48 CONTIGUOUS STATES UNITED STATES LEAD TIME Residential Addresses Orders for bread and other products carried on our online store with exception of Dry Ice/Frozen Items will be shipped out from our facility Monday through Friday to residential addresses and will be delivered within 4 business days for maximum freshness using FedEx Home Delivery. In some cases, FedEx may need additional time to deliver orders. We recommend to contact FedEx directly for the status of your shipment at FedEx.com or 1-800-GOFEDEX. Estimated transit time for your order can be viewed in your online store shopping cart under the option “Edit Shipping and Sales Tax” and entering your orders destination address on the pop-up screen. Business Addresses Orders for bread and other perishable items carried on our online store that are addressed to a business will utilize FedEx Ground to deliver your order on designated days to ensure maximum freshness and shelf life of your product. The designation of shipping days is as follows: Orders requiring an estimated 4 business days transit time will be shipped out on Mondays. Orders placed after 10am PST Monday with an estimated transit time of 4 business days will be held until the following Monday for maximum freshness. Orders requiring an estimated 3 business days transit time will be shipped out Monday and Tuesday. Orders placed after 10am PST Tuesday with an transit time of up to 3 business days will be held until the following week for maximum freshness. Orders requiring an estimated 2 business days transit time will be shipped out on Monday, Tuesday, and Wednesday. Orders placed after 10am PST Wednesday with an estimated transit time of up to 2 business days will be held until the following week for maximum freshness. Orders requiring an estimated 1 business day transit time will be shipped out on Monday, Tuesday, Wednesday, and Thursday. Orders placed after 10am PST Thursday with an in-transit time of up to 1 business days will be held until the following week for maximum freshness. Estimated transit time for your order can be viewed in your online store shopping cart under the option “Edit Shipping and Sales Tax” and entering your orders destination address on the pop-up screen. Orders that contain only non-perishable items carried on our online store that are addressed to a business address will utilize FedEx Ground to deliver your order, and will be shipped out of our facility from Monday – Friday. Orders placed after 10am PST Friday will be held until the following week. Shipments with Dry Ice/Frozen Items At times, we will have products available exclusively on our online store for a limited time that require additional refrigerants, like dry ice, during transportation that will need to be shipped separately from other products in your order. Majority of the time, these items are shipped via FedEx Next day or FedEx 2 day with dry ice. The products are timed so they can be delivered by Friday of the same week. These items are shipped from our facility on Tuesday, Wednesday, and in some cases Thursday morning. After the Wednesday or Thursday 10am PST same day shipping cut off, orders are held until the following Monday. These items may or may not have a shipping cost that is calculated separately from our regular non frozen items and will always have shipping details and costs explained on the products detail page. 48 CONTIGUOUS UNITED STATES SHIPPING CHARGES Orders $30 or more excluding Dry Ice/Frozen Shipments automatically get free standard mainland ground or home delivery. For orders less than $30, the basic shipping charge is $7.50 per shipment for standard mainland shipping. Note that shipment costs for Dry Ice/Frozen products are calculated as a separate shipment from other products in the order and consumer will be charged for a small fraction of the actual FedEx cost to King’s Hawaiian. ALASKA AND HAWAII LEAD TIME Orders shipping to Alaska or Hawaii are expedited with 2 day or overnight shipping. These orders will be timed to ship so they can arrive by Friday of the same week the order was shipped.  Because of this, most orders that include bread or non-Frozen/Dry Ice products that are placed after Wednesday 10am Pacific Standard Time will be held for shipment until the following Monday. Dry Ice/Frozen items will be held until the following Tuesday. ALASKA AND HAWAII SHIPPING CHARGES Select "edit shipping and sales tax" within the shopping cart to view shipping charges. INTERNATIONAL We really appreciate enthusiasm for our products around the world; however, we are not yet able to offer shipment of any products outside the United States. LIMITATION OF LIABILITY You acknowledge and agree that under no circumstances will King's Hawaiian or any of its affiliates be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) resulting from your access or use of (or inability to access or use) our Website or its content, even if King's Hawaiian and its affiliates have been advised of the possibility of such claims or damages. INDEMNIFICATION You agree to defend, indemnify and hold harmless King's Hawaiian and its affiliates, officers, directors, employees and contractors from and against any demands, claims, damages, liabilities, judgments, awards, losses, costs, expenses or harms, including attorneys' fees, arising in connection with your use of this Website, online conduct, User Content submitted by you, breach of these Terms and Conditions, or dealings or transactions with other persons resulting from use of this Website. EMPLOYMENT We are an equal opportunity employer. If you apply for employment through our “Careers” section, you will be directed to our service provider at Taleo.net, and is subject to additional terms and conditions. GOVERNING LAW The Terms and Conditions set forth herein shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws rules, and any dispute shall be resolved in state or federal court in the State of California. WAIVER AND SEVERABILITY No waiver by King's Hawaiian of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the King's Hawaiian to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect. 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