Kukui IT Privacy Notice

Your privacy is important to Kukui IT. So we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

Collection and Use of Personal Information

Personal information is data that can be used to uniquely identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with Kukui IT or an Kukui IT affiliated company. Kukui IT and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising.

Here are some examples of the types of personal information Kukui IT may collect and how we may use it.

What personal information we collect

·        When you create an Kukui IT Member Account, purchase a product, download, or utilize Kukui IT services, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.

·        When you use Kukui IT's "smartwaiver" product, we collect information about the waivers that you store in the WaiverVault, such as the name of the person signing the waiver and the date that the waiver is signed.

How we use your personal information

·        The personal information we collect allows us to keep you posted on Kukui IT’s latest product announcements, Product specials, and upcoming events. It also helps us to improve our services, content, and advertising. If you don’t want to be on our mailing list, you can opt out at anytime by updating your preferences.

·        We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.

·        From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Kukui IT, you may not opt out of receiving these communications.

·        We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Kukui IT’s products, services, and customer communications.

·        We never use information obtained from "smartwaivers" executed by your customers for any purpose other than to index the waiver for your retrieval if necessary, and ultimate deletion in accordance with the Kukui IT Terms of Service.

Collection and Use of Non-Personal Information

We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

·        We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where a Kukui IT product is used so that we can better understand customer behavior and improve our products, services, and advertising.

·        We also may collect information regarding customer activities on our website, and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of the most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

·        If we do combine non-personal information with personal information, then the combined information will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies

Kukui IT’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

Kukui IT and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, to deliver ads that relate to your interests, and to measure the effectiveness of ad campaigns.

Kukui IT and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Kukui IT more convenient and personal. Knowing someone using your computer or device has used a particular service helps us make any advertising and email communications more relevant to your interests. And knowing your contact information and information about your computer or device helps us register your products, personalize your operating system, set up your smartwaiver service, and provide you with better customer service.

As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Kukui IT may use this information in our marketing and advertising services.

In some of our email messages, we may use a “click-through URL” linked to content on the Kukui IT website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, then you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Disclosure to Third Parties

Kukui IT will NEVER share your personal information with any third party without your prior consent verbally over the phone or in writing.

Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Kukui IT to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Protection of Personal Information

Kukui IT takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

Kukui IT online services use Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. You must use an SSL-enabled browser such as Chrome, Firefox, Internet Explorer or Safari. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet.

When you use some Kukui IT products, services, or applications, or post on an Kukui IT forum, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

Integrity and Retention of Personal Information

Kukui IT makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Location-Based Services

To provide location-based services on Kukui IT products, Kukui IT and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Kukui IT computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by Kukui IT and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services, if applicable.

Third-Party Sites and Services

Kukui IT websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

Our Company-wide Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to Kukui IT employees and strictly enforce privacy safeguards within the company.

Privacy Questions

If you have any questions or concerns about Kukui IT’s Privacy Policy or data processing, please contact us.

Kukui IT may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.


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Waiver

 In any event that Client or KUKUI IT fails to uphold its obligations under this agreement, Kukui IT or Client may, in their sole discretion, terminate this Agreement and cancel all Services with notice to Kukui IT or Client. Client and Kukui IT agrees that either party will not be liable for any damages, in contract or tort, as a result of such termination.

 All sales are final and fully earned. There are no refunds for services for any reason.

LIMITATION OF KUKUI IT’S WARRANTIES. ALL KUKUI IT’s SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KUKUI IT’s DISCLAIM ANY AND ALL OTHER WARRANTIES OBLIGATIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, COVENANT’S TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Rates. Kukui IT's rate is $125 per hour for remote support or $175 per hour during their normal business hours. After hours rate is $225 per hour.

Governing Law, Forum/Venue and Arbitration Clause. This Agreement, all acts and transactions pursuant hereto, and the rights and obligations of the Parties hereto shall be governed, construed, and interpreted in accordance with the laws of the State of Hawaii without regard to any conflict of law principles. If there is ever a dispute arising under this Agreement, the Parties agree to submit the dispute to binding AAA arbitration in the County of Kauai, State of Hawaii. The Parties hereby consent to the jurisdiction of such arbitration and waive any objection to such method of dispute resolution. The prevailing Party in such arbitration shall recover all expenses incurred, including reasonable attorneys' fees and arbitration costs.

Special Damages. NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES SUFFERED OR NOT, BY ANY PARTY TO THIS AGREEMENT EVEN IF SAID PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT SHALL KUKUI IT’s LIABILITY FOR ACTIONS ARISING FROM OR RELATED TO THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES FOR SUCH SERVICES RECEIVED BY KUKUI IT’s PURSUANT TO THIS AGREEMENT.

Indemnification. Client agrees to defend, indemnify, and hold harmless KUKUI IT, at Client's expense, in any suit brought against KUKUI IT on the grounds that any information or materials provided by Client for the Service, the Service or any part thereof, infringes upon any valid United States or international patent, copyright, trademark, trade secret, or other intellectual property right, and Client shall pay the amount of any final judgment that may be awarded against KUKUI IT in any such suit, provided that KUKUI IT shall have given prompt written notice to Client of any claim of infringement.

Employment. Client agrees to not hire any KUKUI IT employees for 12 months.

Entire Agreement. This Agreement, including any exhibits, estimates, invoices attached hereto are deemed incorporated herein as though fully set forth hereat and constitute the entire agreement between the Parties concerning the Services to be provided by KUKUI IT to Client, supersedes all prior and contemporaneous communications or agreements, written or oral, concerning the Services to be provided by KUKUI IT to Client, and is intended by the Parties to be a complete and exclusive statement of the terms of the agreement between them concerning the Services to be provided by KUKUI IT to Client. This Agreement may only be modified by a writing signed by authorized representatives of both Parties.

Date: May 2, 2024





Parent or Guardian's Email Address

Email*
A signed copy of this waiver will be sent to the email address you provide.
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First Client Name

First Name*

Last Name*
First Client Age Acknowledgment*
First Client Date of Birth*
I certify that I am 18 years of age or older
First Client Signature*
Second Client Name

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Last Name*
Second Client Date of Birth*
Third Client Name

First Name*

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Third Client Date of Birth*
Fourth Client Name

First Name*

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Fourth Client Date of Birth*
Fifth Client Name

First Name*

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Fifth Client Date of Birth*
Sixth Client Name

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Sixth Client Date of Birth*
Seventh Client Name

First Name*

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Seventh Client Date of Birth*
Eighth Client Name

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Eighth Client Date of Birth*
Ninth Client Name

First Name*

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Ninth Client Date of Birth*
Tenth Client Name

First Name*

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Tenth Client Date of Birth*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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First Name*

Last Name*
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Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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