Buns Hawaii Member Terms

Buns Hawaii (“Buns”) is a free Membership program to empower foodservice operators to make more money while supporting local nonprofit programs.

By signing up as a Bun Member, you (“Member”) agree to be bound by the following terms and conditions (“Terms” or “Agreement”). To make use of Buns products and services, read these Terms and indicate your acceptance of them by purchasing Products or using Buns Services. 

This Agreement sets forth legally binding terms that govern your participation in Buns and use Buns products and services. Your use of Buns Products and Services and may be modified by the publisher of Buns, Bizgenics Foundation, a Hawaii-based 501(c)(3) nonprofit organization (“Bizgenics”) which from time to time which will be updated and become effective upon posting on BunsHawaii.com (“Website”). This Agreement includes Bizgenics’s Acceptable Use Policy for Content Posted on the Website, Bizgenics’s Privacy Policy, and any notices regarding Products and Services.

Member Relationship

Nothing contained in this Agreement will be construed as creating any agency, joint enterprise or other similar relationship between the parties. The relationship between the parties will at all times be that of independent contractors.  Neither party will have authority to contract for or bind the other in any manner whatsoever. This Agreement confers no rights upon either party except those expressly granted herein, and does not confer any right upon either party to make any representation or commitment on behalf of the other.

You agree that Buns is merely a promotional channel and as such is not responsible or liable for any user-contributed content including usernames, text, data, graphics, photographs, audio, video and/or links posted by you, other users, or outside parties. You use and participate the Buns Service at your own risk. Buns promotes Member products on the Website, social media channels and other promotional channels. By joining Buns, you expressly agree to allow Buns to publish any content your make available to Buns including company and product information. Transactions resulting from use of the Service are direct agreements between buyers and selling Members and Buns is not directly involved in such agreements or transactions. As a result, Buns has no control over the quality, safety, legality or morality of any aspect of listed items, the truth or accuracy of representations or any kind of damages.

User Eligibility

Entity Representation: If you are registering as a business entity, you personally guarantee that you have the authority to enter into this Agreement on behalf of the entity.

Reservation of Rights: Buns reserves the right, in its sole discretion, to refuse service to anyone for any reason at any time and to cancel membership for any reason without cause. 

Legal Compliance: You agree to comply with all applicable laws including food safety, human resources, conduct and content regulations.

No Return Policy

All Buns Products including but not limited to food containers, merchandise and in-store signage are subject to a strict outright purchase, no return policy. This provision is non-negotiable as Members are foodservice operations thus food safety and on-site damage of goods is a primary concern.

Buns Hawaii’s Intellectual Property

Buns graphics, logos, designs and service names are registered trademarks, trademarks or trade dress of Bizgenics Foundation in the U.S. and/or other countries. Buns 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.

Termination

A Member can terminate this Membership for any reason, without liability. Buns reserves the right to modify or terminate the Buns program, Products and/or Services for any reason, without notice, at any time.

Privacy

Except as provided in Buns Privacy Policy, Buns will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Buns stores and processes Content on computers located in the United States that are protected by physical as well as technological security. 

No Warranty

BUNS HAWAII, BUNS HAWAII’S PARENT ORGANIZATION, BUNS HAWAII’S SUBSIDIARIES, OFFICERS, BOARD MEMBERS, DIRECTORS, EMPLOYEES, AND BUNS HAWAII’S MEMBERS PROVIDE BUNS HAWAII’S WEBSITE, PRODUCTS AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BUNS HAWAII, BUNS HAWAII’S PARENT ORGANIZATION, BUNS HAWAII’S SUBSIDIARIES, OFFICERS, BOARD MEMBERS, DIRECTORS, EMPLOYEES AND BUNS HAWAII’S MEMBERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BUNS HAWAII SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU AND IF SO, YOU AGREE THAT MINIMUM WARRANTY PROVISIONS FOR YOUR LOCALITY SHALL GOVERN. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL BUNS HAWAII, AND (AS APPLICABLE) BUNS HAWAII’S PARENT ORGANIZATION, BUNS HAWAII’S SUBSIDIARIES, OFFICERS, BOARD MEMBERS, DIRECTORS, EMPLOYEES OR BUNS HAWAII’S MEMBERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF BUNS HAWAII, BUNS HAWAII’S PRODUCTS OR SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. BUNS HAWAII’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BUNS HAWAII’S PARENT ORGANIZATION, SUBSIDIARIES, OFFICERS, BOARD MEMBERS, DIRECTORS, EMPLOYEES, AND MEMBERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BUNS HAWAII IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND IF SO, YOU AGREE THAT MINIMUM LIABILITY PROVISIONS FOR YOUR LOCALITY SHALL GOVERN.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD BUNS HAWAII AND (AS APPLICABLE) BUNS HAWAII’S PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, BOARD MEMBERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Website Service Guaranty

Buns Hawaii does not guarantee continuous, uninterrupted access to the Website, and operation of the Website may be interfered with by numerous factors outside Buns’ control.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Buns service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

Members of Buns are independent entities, and no agency, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Hawai‘i and disputes arising under this Agreement will be adjudicated by the courts of the State of Hawai‘i.

Arbitration

Users, Members and Buns all agree herein to submit any dispute arising out of or in connection with this Agreement to binding arbitration in Honolulu, Hawai‘i before the American Arbitration Association pursuant to the provisions of this Section, and, to the extent not inconsistent with this Section, the rules of the American Arbitration Association. The parties agree that such arbitration will be in lieu of either party’s rights to assert any claim, demand or suit in any court action, provided that either party may elect either binding arbitration or a court action with respect to a breach by the other party of such party’s proprietary rights, including without limitation any trade secrets, copyrights or trademarks. Any arbitration shall be final and binding and the arbitrator’s order will be enforceable in any court of competent jurisdiction. 

Survival

The following Sections shall survive any termination or expiration of this Agreement: Information Control, Resolution of Dispute & Release, Buns Intellectual Property, Access & Interference, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Service Guaranty, Severability, No Agency, Choice of Law, and Arbitration.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Buns Hawaii, ℅ Bizgenics, Inc. 1012B 18th Ave. Honolulu, HI 96816 (in the case of Buns Hawaii) or, in your case, to the email address you provide to Buns Hawaii (during the Member Registration process). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Buns may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Buns Hawaii. In such case, notice shall be deemed given three days after the date of mailing.

Disclosures

The Buns program, Products and Services hereunder are offered by Bizgenics, Inc., located at 1012B 18th Ave. Honolulu, HI 96816.

End Terms