Effective Date: September 15, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE MANAOLA REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE MANAOLA REWARDS PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and us. This means you are waiving and releasing any legal right you may have to proceed in a court of competent jurisdiction to resolve any disputes about the MANAOLA REWARDS PROGRAM.  Your waiver and release will, without limitation:

• eliminate your right to a trial by jury; and

• substantially affect your rights, including preventing you from bringing, joining or participating in class, aggregated or consolidated proceedings.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the MANAOLA Rewards program in our discretion and  by electronic means, including posting such information and materials online at https://www.manaolahawaii.com.

ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the MANAOLA Rewards program in the United States (“MANAOLA Rewards”), which is operated by MANAOLA Group LLC or its respective subsidiaries, licensees and affiliated companies (collectively, “MANAOLA”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with MANAOLA for other products or services.

CHANGES TO TERMS

MANAOLA reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to MANAOLA Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.manaolahawaii.com, so please check our website from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in MANAOLA Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in MANAOLA Rewards. To stop accessing or participating in MANAOLA Rewards, please contact a MANAOLA employee at a retail store or send a request to info@manaolahawaii.com.

PERSONAL USE

MANAOLA Rewards is intended for personal use only. Commercial use is prohibited. MANAOLA Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in MANAOLA Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

ABOUT MANAOLA Rewards

MANAOLA Rewards is one way in which MANAOLA endeavors to reward and thank loyal clients for patronizing our business and purchasing MANAOLA products. MANAOLA Rewards members are able to earn and accumulate “MANApoints” that can be redeemed for MANAOLA Rewards benefits (“Rewards”) at participating MANAOLA stores. Unfortunately, not all MANAOLA stores have the ability to award MANApoints or redeem MANApoints for Rewards at this time.

JOINING MANAOLA Rewards

To join MANAOLA Rewards, go to www.manaolahawaii.com (“Websites”), or to the MANAOLA mobile app (“App”) and follow the prompts to create an account. You will be required to provide the following information:

1. First and last name, email address and password.

2. Birthday (month, day) is optional to receive birthday offers. If you do not provide birthday information you will not receive your Birthday Reward.

When you join MANAOLA Rewards, you automatically are provided with a digital MANAOLA account with a zero dollar ($0.00) balance.

EARNING MANAPoints

The Rewards that are available to you through MANAOLA Rewards are based on the number of MANApoints that you earn. You can earn MANApoints by making purchases at participating MANAOLA stores in the United States and online in the following ways:

1. MANAOLA online account and then paying with credit card, debit card or mobile wallet. You can earn 1 (one) MANApoint for every $1 (one) U.S. Dollar you spend online at www.manaolahawaii.com when you log into your MANAOLA account prior to paying with credit cards, debit cards, or mobile wallets.

2. Providing your phone number at a participating MANAOLA store and then paying with cash, credit card, debit card or mobile wallet. You can earn 1 (one) MANApoint for every $1 (one) U.S. Dollar you spend at participating MANAOLA stores when you provide your phone number at the register prior to paying with cash, credit cards, debit cards, or mobile wallets.

3. MANApoints Codes. You can earn MANApoints by entering MANApoints codes at www.manaolahawaii.com/rewards. MANApoints codes may, from time to time, be distributed through promotional materials or inside specially marked packages of MANAOLA products. The number of MANApoints awarded using MANApoints codes may vary. You can redeem a maximum of one (1) MANApoints codes per day. Certain other limitations may apply to MANApoints codes. For example, MANApoints codes may have expiration dates. Check the promotional materials or product packaging for specific restrictions applicable to a particular MANApoints code.

MULTIPLE TENDER

If you use more than one payment method in a single transaction, you will earn MANApoints based on the earn rate associated with each payment.

CURRENCY EXCHANGE

No currency exchange is applied to the value of your purchase for the purpose of determining how many MANApoints you have earned.

EXCLUSIONS TO EARNING MANApoints; PARTICIPATING STORES ONLY

You may not earn MANApoints in connection with certain types of beta or promotional programs, or other forms of service recovery coupons. MANApoints may be earned at participating MANAOLA stores only. In addition, you cannot earn MANApoints on purchases of alcoholic beverages. Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also are be excluded and ineligible for MANApoints accrual.

RETURNS

For information about how MANAOLA handles returns, please read our Refund Policy. Your MANApoints balance may be impacted by returns as follows:

1. If you void a purchase, MANAOLA will deduct the MANApoints that you earned for that purchase, potentially resulting in a negative MANApoints balance on your account.

2. If you return product that you purchased with a MANAOLA Gift Card (note: an original receipt or gift receipt is required), your funds will be returned to you on a card with store credit (“MANAOLA Store Credit card”), but MANAOLA will not deduct any MANApoints from your account. MANAOLA Store Credit cards may be used in participating MANAOLA stores. Purchases made with MANAOLA Store Credit cards do not accrue MANApoints and cannot be registered or reloaded for additional value.

3. If you return products purchased with a credit card, debit card, mobile wallet or cash (note: an original receipt or gift receipt is required), MANAOLA may deduct the MANApoints earned in connection with your purchase, potentially resulting in a negative MANApoints balance. You may be required to provide the physical credit card, debit card, or mobile wallet in order for MANAOLA to process the refund. 

MANApoints EXPIRATION

Unless otherwise noted, MANApoints are automatically added to your account within twenty-four (24) hours of your eligible purchase and expire six (6) months after the calendar month in which such MANApoints were earned. For example, if you earn MANApoints on January 15, 2020, they will expire on August 1, 2021. The oldest accrued MANApoints will be used first for redemptions. You can view and track your MANApoints balance and available Rewards, as well as any additional benefits for which you are eligible as a MANAOLA Rewards member, on www.manaolahawaii.com or by using the App.

REDEEMING MANApoints FOR REWARDS

MANApoints may be redeemed for complimentary coupons to be redeemed on MANAOLA items at participating MANAOLA stores in the United States. MANAOLA Rewards offers different Rewards based on different MANApoints redemption tiers. Note that the Rewards available and MANApoints redemption tiers may vary by location, and that MANAOLA may adjust the items included in each tier at any time in its sole discretion. The MANApoints redemption tiers for redeeming MANApoints at participating MANAOLA stores in the United States are as follows:

• 500 MANApoints = $5 off your next purchase

• 1000 MANApoints = $10 off your next purchase

• 1500 MANApoints = $15 off your next purchase

• 2000 MANApoints = $20 off your next purchase

• 3000 MANApoints = $30 off your next purchase

• 4000 MANApoints = $40 off your next purchase

• 5000 MANApoints = $50 off your next purchase

MANApoints REDEMPTION AVAILABILITY MAY VARY; PARTICIPATING MANAOLA STORES ONLY

Not all MANAOLA stores have the ability to honor MANApoints redemption or provide MANApoints redemption at multiple tiers.

ADDITIONAL BENEFITS OF MANAOLA Rewards

As a MANAOLA Rewards member, you may be eligible for the following additional benefits.:

• Birthday Reward. On your birthday (as indicated in your MANAOLA Rewards account), you will receive one thousand (1000) MANApoints (“Birthday Reward”). Your Birthday Reward may be redeemed at participating MANAOLA stores only. To qualify for your Birthday Reward, you must join MANAOLA Rewards at least seven (7) days prior to your birthday, provide your birthday in your account information, and make at least one MANApoints-earning transaction prior to your birthday each year. Your Birthday Reward will be automatically added to your account on your birthday and is valid only on that date. You must us your client profile account in order to redeem your Birthday Reward. You can check to see if your Birthday Reward is available by accessing your account on www.manaolahawaii.com or in the App.

• Early or extended access to certain promotions and offers. MANAOLA may offer MANAOLA Rewards members early or extended access certain promotion and offers at participating stores.

•Personalized offers and coupons. Special offers may be distributed by email, through the App (including via push notifications), or by physical mail. You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from MANAOLA and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to provide your phone number or email in order to redeem special offers. Read each offer carefully for s pecific details, expiration dates, and limitations and restrictions.

MANAOLA reserves the right to change or suspend the number and type of benefits offered to members of MANAOLA Rewards in its sole discretion at any time.

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

These Terms of Use complement and incorporate by reference the MANAOLA Terms and Conditions.

NO FEES.  There are no participation or membership fees associated with MANAOLA Rewards. MANApoints accrued in connection with MANAOLA Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of MANApoints accrued in connection with MANAOLA Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by MANAOLA.

PERSONAL USE ONLY.  Your MANApoints, Rewards, and MANAOLA Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) MANAOLA Rewards account that is personal to you.

Without notice to you, MANAOLA reserves the right to suspend and/or terminate your account and/or your participation in MANAOLA Rewards if MANAOLA determines, in its sole discretion, that you have violated these Terms of Use or that the use of your MANAOLA Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. MANAOLA may, in its sole discretion, suspend, cancel or combine MANAOLA Rewards accounts that appear to be duplicative. In the event that your participation in MANAOLA Rewards is terminated, all accrued MANApoints in your account are void.

Without notice to you, MANAOLA also reserves the right to “unregister” and make ineligible for MANAOLA Rewards any MANAOLA account that has been inactive for two (2) consecutive years. Inactivity is defined as no MANApoints earned during such two (2) consecutive year period. In the event that your account is unregistered or rendered inactive, all accrued MANApoints in your account are void.

MANAOLA reserves the right to change, modify, discontinue or cancel MANAOLA Rewards or any part of the MANAOLA Rewards program, at any time and in its sole discretion, without notice to you.

ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in MANAOLA Rewards, the MANAOLA account, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in MANAOLA Rewards, or your relationship with MANAOLA or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at www.manaolahawaii.com/contact to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days from date of receipt of your claim.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law . Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, you will pay all filing, administration and arbitrator fees including the initial $200 filing fee or the filing fee at the time. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver.You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, aggregated, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

GOVERNING LAW

Any dispute arising from these Terms of Use or your access to or participation in MANAOLA Rewards will be governed by and construed and enforced in accordance with the laws of Hawaii, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Honolulu County, Hawaii.

SEVERABILITY

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

MAHALO AND WE LOOK FORWARD TO YOUR PARTICIPATION IN THE MANAOLA REWARDS PROGRAM!