Agreement Between You and Lost Jungle Co.

The Lost Jungle Co. website (the “Site”) is comprised of various web pages operated by Lost Jungle Co. “www.lostjungle.co” and is offered to you conditioned on your acceptance without modification to the terms, conditions, and notices you contained herein (the “Terms”). Your use of www.lostjungle.co constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Www.lostjungle.co is an E-Commerce site.

What began as a concept in 2020, has grown into a way for us to create a positive future for our families and ecosystems. As we continue to grow, we hope to increase our positive impact so that residents and visitors can experience a thriving and authentic Hawai‘i. Thank you for being here.

Privacy

Your use of www.lostjungle.co is subject to Lost Jungle Co.’s Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.

Electronic Communications

Visiting www.lostjungle.co or sending emails to Lost Jungle Co. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Lost Jungle Co. is not responsible for third-party access to your account that results from theft or misappropriation of your account. Lost Jungle Co. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Children Under Thirteen

Lost Jungle Co. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.lostjungle.co only with the permission of a parent or guardian.

Colors

We have made efforts to display accurately the colors of products that appear on the site. However, as the actual colors you see will depend on your monitor and/or other technological circumstances, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

Cancellation/Refund Policy

Any cancellations made after 21 days after delivery will not qualify for a refund. There are no current refund options available for products sold to you in-person.

ATTENTION: We do not process refunds based on buyer’s remorse. If you receive a damaged item (unintended holes, tears, etc.) upon arrival, please contact us directly so we can assist your concern and discuss next steps.

Any items purchased from www.lostjungle.co will be accepted only within 21 days of receiving and must remain in their unused, original condition. You will be responsible for shipping costs. When we receive your returned item, we will inspect it, and then notify you that we have received the return. We will notify you, immediately after the inspection, in regard to the status of your return. If your return is approved, Lost Jungle Co. will initiate a refund to your credit card (or original form of payment). You will receive the credit within 3-7 business days, depending on your issuer’s policies. 

Please contact us at kcorrea@lostjungle.co with any questions, regarding your returns. 

Links to Third-Party Sites/Third-Party Services

www.lostjungle.co may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lost Jungle Co. and Lost Jungle Co. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes, or updates to a Linked Site. Lost Jungle Co. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lost Jungle Co. of the site or any association with its operators. 

Certain services made available via www.lostjungle.co are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.lostjungle.co domain, you hereby acknowledge and consent that Lost Jungle Co. may share such information and data with any third party with whom Lost Jungle Co. has a contractual relationship to provide the requested product, service or functionality on behalf of www.lostjungle.co users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.lostjungle.co strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lost Jungle Co. that you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lost Jungle Co. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Lost Jungle Co. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Lost Jungle Co. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied to the intellectual property of Lost Jungle Co. or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, consents, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service, harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

Lost Jungle Co. has no obligation to monitor the Communication Services. However, Lost Jungle Co. reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Lost Jungle Co. reserves the right to terminate your access to any or all Communication Services at any time without notice for any reason whatsoever.

Lost Jungle Co. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Lost Jungle Co.’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service and, therefore, Lost Jungle Co. specifically disclaims any liability with regard to the Communication Services and any action resulting from your participation in any Communication Service. Managers and hosts are not authorized Lost Jungle Co. spokespersons, and their views do not necessarily reflect those of Lost Jungle Co.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

Materials Provided to www.lostjungle.co or Posted on Any Lost Jungle Co. Web Page

Lost Jungle Co. does not claim ownership of the materials you provide to www.lostjungle.co (including feedback and suggestions) or post, upload, input, or submit to any Lost Jungle Co. Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submissions you are granting Lost Jungle Co., our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Lost Jungle Co. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lost Jungle Co.’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third-Party Accounts

You will be able to connect your Lost Jungle Co. account to third-party accounts. By connecting your Lost Jungle Co. account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

This Service is controlled, operated, and administered by Lost Jungle Co. from our offices in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Lost Jungle Co. content accessed through www.lostjungle.co in any country or in any manner prohibited by applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Lost Jungle Co., or its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, and any postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lost Jungle Co. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lost Jungle Co. in asserting any available defenses.

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly, or indirectly, including Tort claims that are a result of the Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall service the termination of these Terms and Conditions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LOST JUNGLE CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

LOST JUNGLE CO. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LOST JUNGLE CO. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOST JUNGLE CO. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SIRE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOST JUNGLE CO. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION FOR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Termination/Access Restriction

Lost Jungle Co. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Hawai‘i and you hereby consent to the exclusive jurisdiction and venue of courts in Hawaii in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lost Jungle Co. as a result of this agreement or use of the Site. Lost Jungle Co.’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Lost Jungle Co.’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Lost Jungle Co. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lost Jungle Co. with respect to the Site and it supersedes all prior contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Lost Jungle Co. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Lost Jungle Co. reserves the right, in its sole discretion, to change the Terms under which www.lostjungle.co is offered. The most current version of the Terms will supersede all previous versions. Lost Jungle Co. encourages you to periodically review the Terms to stay informed of our updates.

Effective: March 13, 2021.

Updated: June 07, 2024.

Edited: January 08, 2025.

Contact Us

Lost Jungle Co. welcomes your questions regarding our terms and conditions.

E-mail: kcorrea@lostjungle.co