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Terms of Service

Last updated: March 25, 2024

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you and Mahalo Health, Inc. ("we," "us," or "our"), concerning your access to and use of our website and platform. You agree that by accessing the platform, you have read, understood, and agree to be bound by all of these Terms of Service.

If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the platform and you must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the platform "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. User Representations

By using the platform, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Terms of Service;
  4. You are not a minor in the jurisdiction in which you reside;
  5. You will not access the platform through automated or non-human means, whether through a bot, script, or otherwise;
  6. You will not use the platform for any illegal or unauthorized purpose;
  7. Your use of the platform will not violate any applicable law or regulation.

4. User Registration

You may be required to register with the platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

You may not access or use the platform for any purpose other than that for which we make the platform available. The platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the platform, you agree not to:

  1. Systematically retrieve data or other content from the platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the platform.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the platform.
  5. Use any information obtained from the platform in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the platform in a manner inconsistent with any applicable laws or regulations.
  8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the platform.

6. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the platform; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the platform with whom you connected via the platform.

8. Term and Termination

These Terms of Service shall remain in full force and effect while you use the platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION.

9. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our platform. We also reserve the right to modify or discontinue all or part of the platform without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the platform.

10. Governing Law

These Terms of Service and your use of the platform are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

11. Contact Us

In order to resolve a complaint regarding the platform or to receive further information regarding use of the platform, please contact us at:

Mahalo Health, Inc.
123 Innovation Way
San Francisco, CA 94107
Email: legal@mahalo.health
Phone: +1 (800) 555-1234