Terms of Service

Email Opt-In Policy

By providing your email address to us, you will be opted in to receive periodic emails from Friends of Hawai’i Volcanoes National Park (FHVNP).  If you would like to unsubscribe from receiving future emails, we include unsubscribe instructions at the bottom of each email.

Copyright

The entire content included in this site, including but not limited to text, graphics, photos, and/or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of FHVNP and/or the individual writers, artists, photographers, etc. who created the work.

Warranty Disclaimer

This site and the materials, products, and services on our site are provided “as is” and without warranties of any kind, whether express or implied.  To the fullest extent permissible pursuant to applicable law, FHVNP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.  FHVNP does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.  FHVNP does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.

Limitation of Liability

FHVNP shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the products and services offered on this site, or the performance of the products and services.

Typographical Errors

In the event that a FHVNP product or service is mistakenly listed with an incorrect price, date, time, or other descriptive information, FHVNP reserves the right to refuse or cancel any orders placed for that product or service.  FHVNP reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, FHVNP shall issue a credit to your credit card account in the amount of the incorrect price.

Term & Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process.  These terms and conditions, or any part of them, may be terminated by FHVNP without notice at any time, for any reason.  The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination.

Notice

FHVNP may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to us.

Guarantee

FHVNP offers the following guarantee.  If you purchase products from our Web site and for some reason you decide that you   would like a refund, you have 30 days to request a refund.  If you request a refund within 30 days from the date of purchase, FHVNP will give you a full refund of your purchase price for the product.  If you do not request a refund within the 30 day refund period, you forfeit this option and will not be eligible for a refund.  We do not offer refunds on memberships, donations, and other select services and events.  Please see our cancellation policy below for our refund policy on Hawai’i Volcanoes Institute programs.

Cancellation Policy

For Hawai’i Volcanoes Institute field seminars and private tours, FHVNP will gladly refund your full amount up to 7 days prior to the day of the event.  Between 2 to 6 days, 50% of the cost of the event will be refunded.  If cancellation is within 48 hours of the start of the event, 0% will be refunded.  All proceeds help support the efforts of FHVNP.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Hawai’i, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of FHVNP products or services) shall be in the state or federal courts located in Hawai’i County, Hawai’i.  Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of FHVNP products and services) must be commenced within one (1) year after the claim or cause of action arises.  FHVNP’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. FHVNP may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others, including an FHVNP or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.  You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law.  You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

FHVNP does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.  You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, FHVNP is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.  However, FHVNP reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property right of another; or (d) offensive or otherwise unacceptable to FHVNP at its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless FHVNP, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our Web site visitors, FHVNP may link to sites operated by third parties.  However, even if the third party is affiliated with FHVNP, FHVNP has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FHVNP.  These linked sites are only for your convenience and therefore you access them at your own risk.  Nonetheless, FHVNP seeks to protect the integrity of its Web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).