Terms of Service & Privacy Policy

 Welcome to Kauaidrip.com. This website and all attendant Services are provided by Kauai Drip, LLC (hereinafter referred to as “KAUAI DRIP” “Company”, “we” or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use,” govern your use of Kauaidrip.com, the “Website” or “Service”).

Please read the Terms of Use carefully before you start to use the Website or our Services as they set forth your legal rights and obligations.

By using the Website in any manner, you accept and agree to be bound and abide by these Terms of Use.

If you do cannot agree to these Terms of Use, you must not access or use the Website or Services.

By using this Website or Services, you represent and warrant that you are age 18 years or order and living in the United States. If you do not meet all of these requirements, you must not access or use the Website or Services.

You warrant that you understand that laws may vary by state or municipality, and as such you are responsible for compliance with all laws, regulations, and rules for all activities undertaken in your use of KAUAI DRIP and with other users of this Website or Services.

Services

Kauaidrip.com allows users to review certain Services provided by Kauai Drip LLC and/or its affiliates.  Nothing on the Website constitutes an offer and all of the Website remains subject to change without notice.

Changes to the Terms of Use

To improve the quality of our services and to make improvements, we may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or Services thereafter.

You may discontinue your use of this Website and attendant Services at any time. Your continued use of the Website or Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website or Services so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website or through our hosting providers, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website, including having sufficient equipment, utilities, and internet access.

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or attendant Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, using your user name, password, links available to you as a student, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The KAUAI DRIP materials, as well as this Website, and their entire contents, features and functionality (including but not limited to all information, text, images, and the design, selection and arrangement thereof), are owned by us, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print (or download) one (1) copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site or provided through our Service.

Distribute copies of any materials from this site or provided through our Service.

Use any illustrations, photographs, sequences or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or Service.

You must not access or use for any commercial or illegal purposes any part of the Website or our services or materials.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or materials provided by us in our provision of Services, you will be in breach of the Terms of Use, your right to use the Website and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in any content on the Website or Service is transferred to you, and all rights not expressly granted are reserved by KAUAI DRIP. Any use of the Website or Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

By posting or otherwise delivering to us your User generated content, including comments and testimonials, you are expressly granting us a perpetual world-wide license to re-use such content.

Trademarks

The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

In using this Website or through the use of any Services or features which may now exist or become a feature offered through the website; the following standards and acceptable use policy shall apply.

These content standards apply to any communications or user generated content which you may be able to post or disseminate through the user of this Website or Services. Your Use must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your communications and postings must not:

Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests.

Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Website, or any postings which advocate illegal activity.

Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.

Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.

Deliver, or provide links to, any postings containing defamatory, false or libelous material.

Deliver any posting that infringes or violates any intellectual property or other rights, including copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.

Deliver any posting or enter into an agreement that you do not have a right to make under law, regulation or contractual or fiduciary relationships.

Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.

Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.

Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.

Use KAUAI DRIP services in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Website or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website, including harvesting or otherwise collecting information about others such as email addresses.

We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Provided

Kauaidrip.com provides certain health care related services. Any use of our Services is based upon your own risk and your consultation with your primary care physician.  Use of our Services may result in bodily injury, decrease in physical or mental function, or death.  We disclaim all liability and responsibility arising from any reliance placed on such materials by users, or by anyone who may be informed of any of its contents. If you are seeking emergency medical services, you should call 911 or seek urgent/emergency care immediately.

Changes to the Website or Services

We may update content on this Website or offerings of our Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Sharing of Personal Information

We do not share, sell, or disclose your personal information to third parties without your explicit consent, except where required by law. Your information is kept confidential and used solely for the purposes you have agreed to.

Opting Out of Text Messages

You have the right to opt out of receiving text messages from Kauai Drip LLC at any time. To opt out, you can reply “STOP” to any text message you receive from us. Alternatively, you can email us directly at ashley@kauaidrip.com to request removal from our text messaging list.

Consent and Opt-in

By providing your phone number and opting in to receive text messages, you consent to the collection and use of your personal information as described in this policy. We ensure that your consent is obtained explicitly, and you are informed about the types of messages you will receive.

Third Party Offerings

Through this Website or in the course of using our Services, you may be referred to or given access to websites, content, products or services provided by third parties. We refer to all such services and products as “Third-Party Offerings.” If you elect to use Third-Party Offerings, you understand that your use will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings. These resources are provided to you as an informational service or for your convenience, and do not constitute an endorsement of their products or services. We have no control over Third Party services, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party services linked or otherwise referenced, you do so entirely at your own risk.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. 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 THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY 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 PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Our Services and Limitations

THE CONTENT OF OUR SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. PLEASE ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.

Testimonials and Progress Reports

Our website and materials may include statements of recommendation or testimonials. Results will, naturally, vary and we make no guarantee that you will benefit in any way from Services, and, in fact, without professional medical care your condition may even worsen.

We cannot guarantee the confidentiality of any information that you provide to us. Your privacy rights are governed by our privacy policy on this Website.

Limitation of Liability

Our liability is both limited in our terms of use and in this agreement as below.

IN NO EVENT WILL KAUAI DRIP, ITS LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BREAKTHROUGH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE CONTENT, OR THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT SHALL KAUAI DRIP BE LIABLE FOR THE DISCLOSURE OF ANY OF YOUR INFORMATION (CONFIDENTIAL OR OTHERWISE) BY KAUAI DRIP OR ANY OF ITS AFFILIATES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF KAUAI DRIP OR KAUAI DRIP’S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE PAYMENTS RECEIVED BY KAUAI DRIP FROM YOU FOR THE LAST FIVE (5) MONTHS. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF OUR CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR ANY AND ALL CLAIMS WILL BE TIME BARRED.

SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Your participation with our company and this agreement shall be construed in accordance with and governed by the laws of the United States and the State of Hawai’i, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Kauai County, Hawai’i, in all disputes arising out of or related to your participation.

Release

You hereby release and discharge KAUAI DRIP, its officers, employees, agents, successors, and assigns, from all existing or potential disputes, claims, controversies, demands, obligations, liabilities, or any possible cause of action of any kind for all acts or omissions of KAUAI DRIP and attendant Services.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, including, but not limited to, your User Contributions, any use of the Company’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Company.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Hawai’i without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a federal or state court located in Hawai’i, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding.

Legal Notice

Kauai Drip, LLC is a limited liability company.

Disclaimer

Please read this entire disclaimer before using this Website, or relying on the content published within it. If you use the Website, we will assume that you have read and understand this disclaimer.

The materials available at this Website are for informational purposes only and not for the purpose of providing legal advice, financial advice, business advice, or medical advice. You should contact an appropriate professional to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the links contained within the Website do not create a legal, professional, fiduciary or other relationship between you and KAUAI DRIP.

There are no guarantees, promises, representations and/or assurances concerning the level of success you may experience. Results may vary by individual.

KAUAI DRIP is not responsible for your actions or omissions. The use of our information, products, and/or services, or anything else related to your development should be based on your own due diligence, which you undertake and confirm that you have carried out to your entire satisfaction. You agree that KAUAI DRIP is not liable for your success or failure of your business, acts and/or omissions that are directly or indirectly relating to KAUAI DRIP, this Website, and/or the purchase and use of our advice, products and/or services.

Under no circumstances will KAUAI DRIP be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, products and/or services you receive from KAUAI DRIP, or a guest speaker or author on the Website or at one of KAUAI DRIP’s classes.

This website is operated by:

Kauai Drip, LLC

4-1579 Kuhio Hwy Ste 207

Kapaa, Hawaii 96746