Terms

SECTION 1.        ACCEPTANCE OF TERMS

 

By using the Common Ground Kauai website (“Common Ground” or “Site”), a service of CG Management LLC, you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site. 

Before you may become a member of Common Ground, you must read and accept all the terms and conditions in, and linked to, the Agreement. 

Last updated 12/18/2020

SECTION 2.        INTRODUCTION 

Common Ground is a marketplace that connects you, the consumer, with specialty food products from purveyor across the Hawaiian Islands. Common Ground itself is not a farm or producer, we do not grow or make any of the products we distribute, fulfill or carry, we are merely a "bridge" between you and the amazing products produced by the vendors we represent.

Non-perishable items from Common Ground found in our market are sourced by Common Ground from small merchants around the Hawaii and presented on CommonGroundKauai.com for you to purchase. Common Ground purchases these products direct from these merchants but are not involved in their production. 

SECTION 3.        OVERVIEW 

The Site is operated by Common Ground. All information, tools and services available from this site are offered to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or placing orders and purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. The goal of the Service is to provide access to the producers and their wonderful products.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. BY ACCESSING THE WEBSITE AND ANY AREAS OF THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND LIABILITY LIMITATIONS TO THE MAXIMUM EXTEND PERMITTED BY LAW. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE OUR SERVICES OR PURCHASE PRODUCTS.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your res  ponsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify, Inc. They provide us with an online e-commerce platform that permits us to sell our products and services to you.

SECTION 4.        GENERAL CONDITIONS

1. We reserve the right to refuse service to anyone for any reason at any time.

2. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

4. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 5.    ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 6.        MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 7.        PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the Website for a limited time. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We have no control over the quality, safety, or legality of any aspect of the products you may purchase, or the truth or accuracy of statements made by producers with respect to a product you may purchase. The products sold on this site are fulfilled and/or produced by a third-party and not this site. Any health or safety issues arising from the consumption of the products sold on this site are the ultimate responsibility of the third-party who fulfills each order and/or has produced the product you have purchased. The name of the third-party fulfilling each order and/or producer of the product you have purchased can be found within the product page for each product sold on this site.

SECTION 8.        ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

SECTION 9.    COMMON GROUND’S E-GIFT CARDS

Common Ground e-gift cards (“E-Cards”) may be used to purchase any eligible product available for purchase in CommonGroundKauai.com online catalog. The recipient of an E-Card will be notified via email. You may purchase E-Cards in US dollar denominations of $50, $100. The amount of the E-Card you purchase will be charged to your credit card when you confirm your purchase of such E-Card. Once the recipient of the E-Card activates the E-Card, then the value of the E-Card will appear in the recipient’s shopping cart as a credit toward purchases on Common Ground. If a purchase exceeds the amount of the E-Card, the balance must be paid by credit card or other available payment method, in accordance with Common Ground standard payment policies. E- Cards cannot be used to purchase other E-Cards. Purchases made with E-Cards are not eligible to earn Referral Credits. E-Cards expire 1 year from the purchase date. Except where prohibited by applicable law, E-Card recipients may not (a) receive refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others (including without limitation transferring E-Cards to other Common Ground Users’ accounts), (c) reload E-Cards, or (d) redeem unused E-Card balances if they cancel their Common Ground account. E- Cards are not currency, and do not have cash value outside of Common Ground. Common Ground is not responsible for any unauthorized use of an E-Card.

 

SECTION 10.    OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service.

For more information on our privacy policy, please click here.

SECTION 11.    THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12.    PERSONAL INFORMATION

Your submission of personal information through the Website is governed by our Privacy & Security Policy which can be assessed here.

SECTION 13.    ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14.    PROHIBITED ACTIVITIES

You are solely responsible for your conduct and activities on and relating to Common Ground and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Common Ground. 

Restricted Activities: Your Content and your use of Common Ground shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Common Ground staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Be obscene or contain child pornography
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  9. Host images not part of a listing
  10. Link directly or indirectly, reference or contain information about goods or services offered external to Common Ground.
  11. Modify, adapt or hack Common Ground or modify another website so as to falsely imply that it is associated with Common Ground
  12. Appear to create liability for Common Ground or cause Common Ground to lose (in whole or in part) the services of Common Ground’s ISPs or other suppliers
  13. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Common Ground

Furthermore, you may not list any item on Common Ground (or consummate any transaction that was initiated using Common Ground’s service) that, by paying to Common Ground the commission or transaction fee, could cause Common Ground to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

SECTION 15.    INFORMATION CONTROL

Common Ground does not control the Content provided by users that is made available on Common Ground. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Other Resources: Common Ground is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Common Ground does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Common Ground shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

SECTION 16.    RESOLUTION OF DISPUTES AND RELEASE

In the event a dispute arises between you and Common Ground, please contact Common Ground. Should you have a dispute with one or more users, or an outside party, you release Common Ground (and Common Ground’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Common Ground encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Common Ground, for the benefit of users, may try to help users resolve disputes. Common Ground does so in Common Ground’s sole discretion, and Common Ground has no obligation to resolve disputes between users or between users and outside parties. To the extent that Common Ground attempts to resolve a dispute, Common Ground will do so in good faith based solely on Common Ground’s policies. Common Ground will not make judgments regarding legal issues or claims.

SECTION 17.    COMMON GROUND’S INTELLECTUAL PROPERTY

Common Ground, and other Common Ground graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of CG Investor Holding, LLC in the U.S. and/or other countries. Common Ground’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

 

SECTION 18.    ACCESS & INTERFERENCE

Much of the information on Common Ground is updated on a real-time basis and is proprietary or is licensed to Common Ground by Common Ground’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Common Ground for any purpose without Common Ground’s prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in Common Ground’s sole discretion, an unreasonable or disproportionately large load on Common Ground’s infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Common Ground and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

 

SECTION 19.    BREACH

Without limiting any other remedies, Common Ground may, without notice, and without refunding any fees, delay or immediately remove Content, warn Common Ground’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Common Ground suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Common Ground is unable to verify or authenticate any of your personal information or Content; Or Common Ground believes that a user is acting inconsistently with the letter or spirit of Common Ground’s policies, has engaged in improper or fraudulent activity in connection with Common Ground or the actions may cause legal liability or financial loss to Common Ground’s users or to Common Ground.

 

SECTION 20.    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

THE SERVICE AND ALL PRODUCTS ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. 

In no case shall Common Ground, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 21.    INDEMNIFICATION

You agree to indemnify, defend and hold harmless Common Ground and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, brought by any third party alleging, arising, related or resulting from (i) your use (or use by any third party using your account) of the Service, including in violation or breach of the Terms of Use, or (ii) your violation of any applicable law, rule or regulation.

SECTION 22.    SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23.    TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

Common Ground may terminate your access, or suspend your access to all or part of the Service, without notice, for any reason, including conduct that we, in our sole discretion, believes is a violation or breach of these Terms of Use, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, a third-party Provider, content or service provider, Common Ground or its Affiliates.

SECTION 24.    ACKNOWLEDGEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

SECTION 25.    ARBITRATION, GOVERNING LAW AND JURISDICTION

You agree that any claim or dispute arising out of or relating in any way to your use of the Services or any products, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms. The laws of the State of Hawaii shall govern these Terms, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 4900 Kuawa Road, Kilauea Hawaii 96754 United States. 

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Arbitration shall take place in Honolulu, Hawaii.

You and Common Ground agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Common Ground agree that parties have each waived any right to a jury trial.

Notwithstanding the foregoing, you agree that Common Ground may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Equitable Remedies.    You also agree that Common Ground would be irreparably damaged if you violate these Terms, therefore, you agree that Common Ground shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

To the extent the arbitration provision should be ruled inapplicable, you agree that any dispute arising out of or relating to the Services or products purchased, or to Common Ground, may only be brought by you in a state or federal court located in Honolulu, Hawaii. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN HONOLULU. In any such proceeding, you agree that service may be made upon you via e-mail at your e-mail address that we then have on-file.

SECTION 26.    CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27.    CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@commongroundkauai.com

CG Management LLC, 4900 Kuawa Road, Kilauea, HI 96754

 


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