TERMS OF SERVICE
LAST UPDATED, FEB. 8, 2022
- ACCEPTANCE OF TERMS
The services that Aloharmony, Corp (“Aloharmony”) provides to people or corporations (collectively or independently “User”) are subject to the following Terms of Service (“TOS” or “Agreement”). Aloharmony reserves the right to update the TOS at any time without notice to User. The most current version of the TOS can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of our web page, mobile application or additional software and platforms from Aloharmony.
- By using our web page aloharmony.com (the “Site”), mobile application (the “App”), our social media (the “Social Media”) or additional software and platforms from Aloharmony (the “Platforms”) (all collectively called “Aloha” or “Services”), User agrees to comply with all the terms and conditions in this Agreement. The right to use Aloha is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s account (under any screen name or password) and for ensuring that all use of User’s account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
- Aloharmony shall have the right at any time to change or discontinue any aspect or feature of Aloha, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- CHANGED TERMS
Aloharmony shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Aloha, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, implementing changes in Aloha, posting on Aloha, or by electronic mail, or by any other means by which User obtains notice thereof. Any use of Aloha by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.
- DESCRIPTION OF SERVICES
To make these TOS easier to read, the Site, the App, the Platforms, or any other service offered or rendered by Aloharmony are collectively called the “Aloha”. Aloha includes any updates, enhancements, new features, and/or the addition of any new properties, which must be deemed subject to the TOS.
- ARBITRATION NOTICE
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Aloharmony will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
User shall be responsible for obtaining and maintaining all cellphone, computer hardware, software and other equipment needed for access to and use of Aloha and all charges related thereto.
- USER CONDUCT
- User shall use Aloha for lawful purposes only. User shall not post or transmit through Aloha any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Aloharmony’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Aloharmony’s discretion restricts or inhibits any other User from using or enjoying Aloha will not be permitted. User shall not use Aloha to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users to become subscribers of other on-line information services competitive with Aloharmony.
- Aloha contains copyrighted material, trademarks and other proprietary information, including, but not limited to, sound tracks -with or without voice-, text, software, photos, video, graphics, music and sound, and the entire contents of Aloha are copyrighted as a collective work under the United States copyright laws. Aloharmony owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only as per functionalities of Aloha permits. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Aloharmony and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- User shall not upload, post or otherwise make available on Aloha any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Aloha, User automatically grants, or warrants that the owner of such material has expressly granted Aloharmony the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store or reproduce the material for that user’s personal use.
- The foregoing provisions of this Section are for the benefit of Aloharmony, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- USE OF ALOHA
Aloha may contain email services, bulletin board services, Social Media and chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- 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, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through Aloha in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as 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.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Aloharmony has no obligation to monitor the Communication Services. However, Aloharmony reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Aloharmony reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Aloharmony reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Aloharmony’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. Aloharmony does not control or endorse the content, messages or information found in any Communication Services and, therefore, Aloharmony specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
You may use Aloha only if you are 13 years or older and are not barred from using Aloha under applicable law. To make a purchase, you must be 18 years or older and capable of forming a binding contract.
If Aloha requires User to open an account, User must complete the registration process by providing Aloharmony with current, complete and accurate information as prompted by the applicable registration form. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Aloharmony immediately of any unauthorized use of User’s account or any other breach of security. Aloharmony will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Aloharmony or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time.
- PURCHASES AND SUBSCRIPTION
Aloharmony offers certain enhanced features of Aloha which you can purchase as a monthly or yearly subscription (“Subscription”). A description of features associated with Subscriptions is available via Aloha. When you purchase a Subscription (a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Aloharmony may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Aloharmony until accepted and confirmed by Aloharmony. All payments made are non-refundable and non-transferable except as expressly provided in these TOS.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Aloharmony.
Aloharmony reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Aloharmony deems appropriate in its sole discretion. Aloharmony also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Aloharmony will either not charge you or refund the charges for orders that we do not process or cancel.
- Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
All amounts are payable and charged: (i) for one-off purchase, at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at support@Aloharmony.com. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to use Aloha until the end of your current Subscription period.
- NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON ALOHA
Any software that is made available to download from the Aloha is the copyrighted work of Aloharmony and/or its suppliers. Use of the Aloha is governed by these TOS. An end user will be unable to install any software that is accompanied by or includes a license agreement, unless he or she first agrees to these TOS and/or License Agreement.
Aloha is made available for download solely for use by end users according to these TOS and License Agreement. Any reproduction or redistribution of Aloha not in accordance with the TOS or License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ALOHA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THESE TOS AND/OR LICENSE AGREEMENT. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THESE TOS AND/OR LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THESE TOS AND/OR LICENSE AGREEMENT, ALOHARMONY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALOHA, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, ALOHARMONY MAY MAKE AVAILABLE AS PART OF ALOHA, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ALOHARMONY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON ALOHA.
- NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON ALOHA
Permission to use documents (such as, but not limited to, white papers, press releases, datasheets and FAQs (the “Documents”) from the Aloha is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from Aloha is for informational or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom and for educational purposes. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
ALOHARMONY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ALOHARMONY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ALOHARMONY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM ALOHA.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON ALOHA COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALOHARMONY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON ALOHA
IN NO EVENT SHALL ALOHARMONY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ALOHA, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM ALOHA.
- MATERIALS PROVIDED TO ALOHARMONY OR POSTED IN ALOHA
Aloharmony does not claim ownership of the materials User provide to Aloharmony (including feedback and suggestions) or post, upload, input or submit to Aloha or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User is granting Aloharmony, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Aloha), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. Aloharmony is under no obligation to post or use any Submission User may provide and Aloharmony may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these TOS including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these TOS, (b) User have the rights necessary to grant the licenses and sublicenses described in these TOS, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOS, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on Aloha, other than a private community), permission to use User’s Images in connection with the use, as permitted by these TOS, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
We welcome feedback, comments and suggestions for improvements to Aloha (“Feedback”). You can submit Feedback by accessing the following feedback link. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- This App contains general fitness and wellness information. You understand and agree that the content of this App is not medical diagnosis or advice and should not be treated as such. You should consult your physician, health care professional before beginning this or any use of audio sounds containing binaural wave, isochronic or continuous sound tones, to determine if it is appropriate for your needs. Do not use Aloha if you have a history of neurological or psychiatric illness. Aloha is not a medical organization, and our instructions cannot give medical or diagnostic advice. You expressly release and discharge Aloharmony or any person or entity involved with Aloharmony including, without limitation, its directors, instructors, independent contractors, employees, affiliates and representatives from any and all liability for any claims you may have for injuries of any kind. Nothing contained in Aloha should be construed as a form of medical advice or diagnosis.
- USER EXPRESSLY AGREES THAT USE OF ALOHA IS AT USER’S SOLE RISK. NEITHER ALOHARMONY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ALOHA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ALOHA, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ALOHA.
- ALOHA IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS TOS.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ALOHARMONY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
- IN NO EVENT WILL ALOHARMONY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ALOHA, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ALOHA. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ALOHA.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ALOHARMONY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ALOHA, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS TOS.
- In no event will Aloharmony’s total liability arising out of or in connection with these terms or from the use of or inability to use Aloha exceed the amounts Uers has paid to Aloharmony for use of Aloha or fifty dollars ($50), if you have not had any payment obligations to Aloharmony, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Aloharmony and you.
- LINKS TO THIRD PARTY SITES
SOME LINKS IN ALOHA WILL LET YOU LEAVE ALOHA. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ALOHARMONY AND ALOHARMONY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ALOHARMONY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ALOHARMONY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ALOHARMONY.
Aloharmony may be acting as a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Aloharmony has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Aloha, are those of the respective author(s) or distributor(s) and not of Aloharmony. Neither Aloharmony nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Aloha represents the opinions and judgments of the respective information provider, User, or other user not under contract with Aloharmony. Aloharmony neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Aloha by anyone other than authorized Aloharmony employee spokespersons while acting in their official capacities. Under no circumstances will Aloharmony be liable for any loss or damage caused by a User’s reliance on information obtained through Aloha. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Aloharmony. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
- UNSOLICITED IDEA SUBMISSION POLICY
ALOHARMONY OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN ALOHARMONY’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ALOHARMONY. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ALOHARMONY OR ANYONE AT ALOHARMONY. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ALOHARMONY MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Aloharmony shall have the right, but not the obligation, to monitor the content of Aloha to determine compliance with these TOS and any operating rules established by Aloharmony and to satisfy any law, regulation or authorized government request. Aloharmony shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Aloha. Without limiting the foregoing, Aloharmony shall have the right to remove any material that Aloharmony, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify, and hold harmless Aloharmony, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Aloharmony by User or User’s Account.
We may terminate your access to and use of Aloha, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending an email to us at firstname.lastname@example.org. If you purchase Subscription via an App Provider, you should also cancel your subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of the use of Aloha or your Account, all provisions of these TOS which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
This Agreement and any operating rules for Aloha established by Aloharmony constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any provision of these TOS is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in full force and effect. This Agreement shall be construed in accordance with the laws of Florida, United States, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
- AGREEMENT TO ARBITRATE
User and Aloharmony agree that any dispute, claim or controversy arising out of or relating to these TOS or the breach, termination, enforcement, interpretation or validity thereof or the use of Aloha (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Aloharmony with written notice of your desire to do so by email at email@example.com within thirty (30) days following the date you first agree to these TOS (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Aloharmony with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Aloharmony with an Arbitration Opt-out Notice, will be the state and federal courts located in the Florida and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Aloharmony with an Arbitration Opt-out Notice, you acknowledge and agree that you and Aloharmony are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Aloharmony otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these TOS.
- Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
- Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitration Location and Procedure
Unless you and Aloharmony otherwise agree, the arbitration will be conducted in the Miami-Dade County. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Aloharmony submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
User responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Be mindful that if arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), User will be liable.
- COPYRIGHT NOTICE
Aloha and Aloharmony’ s logos are trademarks of Aloharmony, All rights reserved. All other trademarks appearing on Aloharmony are the property of their respective owners.
- OTHER RIGHTS
Any rights not expressly granted herein are reserved.
- CONTACT INFORMATION
If you have any questions about these TOS or Aloha, please contact Aloharmony at firstname.lastname@example.org