Terms of Service

Terms of Service

Last updated: 3^th April 2024 

 

Welcome to Mahalo Clinic!

 

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://www.mahalo.clinic and (“Website”, “Service”) owned and operated by Robert D. Bernauer Jr (“Company”, “Mahalo Clinic”, “we”, “our”, “us”)!

 

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: https://www.mahalo.clinic/privacy.

 

Mahalo Clinic provides the Services through the Website. By accessing the Services through the Website, immediately and from your very first access of the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance.

 

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

 

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use Service.

 

Mahalo Clinic reserves the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.

 

Thank you for being responsible.                                                                                                         

                       

1.ABOUT US

1.1. Mahalo Clinic does not engage in the practice of medicine. We act solely as intermediary service. Mahalo Clinic doesn’t provide healthcare, we provide a communication service for those who do. As such, we accept no responsibility nor liability for the advice or care given by anyone to anyone using the site. We make no endorsements of any provider or advice or product prescribed or given. Basically, this is the USE AT YOUR OWN RISK warning.

1.2. We offer online telehealth services enabling our Users to report their health history and engage independent healthcare professionals to obtain medical and healthcare services, as well as provide behavioral health coaching from coaches who do not provide professional or clinical services.

1.3. For medical services requiring professional practice, we collaborate with independent medical groups composed of U.S.-based providers offering telehealth services and advice through our websites. These providers are not our employees and are fully accountable for the quality and suitability of the care and advice they offer. We, along with Doctor On Demand Professionals, do not provide insurance services.

1.4. Mahalo Clinic does not engage in medical practice or any licensed profession and does not influence the medical practices of Healthcare Professionals, who are each responsible for their own services and adherence to their professional and licensing standards. Mahalo Clinic and any third parties promoting or linking to the Services are not accountable for the professional advice received from a Healthcare Professional through the Services.

1.5. While we work with the Doctor On Demand Professionals for provision of certain virtual care Services, not all of our Users receive such Services. Dial 911 if you are in an emergency life-threatening situation or need emergency medical attention. General health information that may be contained on one of our Sites is not a substitute for professional health care. The personal information we receive or obtain through your use of the Services may be subject to different state and federal privacy laws, including the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). Descriptions in the Terms and our Privacy Policy regarding our collection, use and disclosure of personal information may be subject to or further restricted by the requirements of these laws.

2. ELIGIBILITY

2.1. You confirm that you are at least 13 years old.

2.2. You commit to using the Website and Services in accordance with these Terms, as well as all relevant laws and regulations of your country of residence.

2.3. You ensure that your registration details are complete and accurate, and you agree to keep this information up to date.

2.4. Mahalo Clinic reserves the right to terminate or suspend your access at any time, without prior notice, if you fail to comply with these criteria or breach any part of these Terms.
 

3. ACCOUNTS

3.1. By setting up an account with us, you confirm that you are at least 13 years old and that the information you provide is accurate, complete, and up-to-date at all times. Providing false, incomplete, or outdated information could lead to the immediate closure of your account.

3.2. It's your responsibility to keep your account details and password confidential. This includes limiting access to your devices and account.

3.3. You accept full responsibility for any actions taken under your account, whether the activities are conducted through our service or a third-party service. This holds true even if your password is involved.

3.4. Use If you suspect or become aware of any unauthorized use of your account or any other security breach, you must inform us immediately.

3.5. Your chosen username must not impersonate someone else, be legally protected under someone else's rights without their explicit permission, or infringe on trademarks. Ensure your username is not offensive, vulgar, or obscene in nature.

3.6. We retain the authority to refuse service, close accounts, modify or delete content, or cancel orders at our sole discretion.                                                                                                                             

4. REGISTRATION, LOGIN CREDENTIALS AND SECURITY

4.1.1. To access and use the Services, you must sign up on our Website, providing necessary details such as your full name, business name, address, and contact information.

4.1.2. You commit to: (i) submitting accurate, current, and complete information about yourself during the sign-up process; and (ii) keeping your registration information up-to-date to maintain its accuracy and completeness.

4.1.3. Your Mahalo Clinic account can be accessed through the Website using the account credentials you set up during registration.

4.1.4. Should you submit any information that is false, inaccurate, not current, or incomplete, or if there are reasonable grounds to believe so, we reserve the right to suspend or terminate your account and deny access to the Services, either now or in the future.

4.1.5. During account registration, you will select a password and username for your account access.

4.1.6. You are fully responsible for:

4.1.6.1. Keeping your login details confidential and secure.

4.1.6.2. All activities that occur under your account.

4.1.7. You must inform us immediately if you suspect any unauthorized use of your account or any other security breaches. While the Company is not liable for losses caused by any unauthorized use of your account, you could be held accountable for losses the Company suffers due to such unauthorized use.

4.1.8. You are not permitted to use someone else's account without the explicit permission of the account owner.   
   

5. SUBSCRIPTIONS

5.1. Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on 6 months and annually basis.

5.2. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Mahalo Clinic cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Mahalo Clinic customer support team.

5.3. A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Mahalo Clinic with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

5.4. By submitting such payment information, you automatically authorize Mahalo Clinic to charge all Subscription fees incurred through your account to any such payment instruments.

5.5. Should automatic billing fail to occur for any reason, Mahalo Clinic will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.       
 

6. PURCHASES

6.1. For any product or service, you intend to buy through our Service, you'll need to provide certain essential details related to your purchase. This includes your credit card number, its expiration date, billing address, phone number, and shipping details.

6.2. You affirm that: (i) you are authorized to use the chosen payment method(s) for your purchase; and (ii) all information you provide us is accurate, complete, and up-to-date.

6.3. To facilitate payments and complete purchases, we might use third-party services. By entering your payment details, you authorize us to share this information with these third parties, as per our Privacy Policy.

6.4. We retain the right to cancel or refuse your order for various reasons, including but not limited to issues with product or service availability, inaccuracies in product or service descriptions or prices, or errors in your order.

6.5. We also reserve the right to cancel or refuse orders that we suspect to be fraudulent, unauthorized, or involve illegal transactions.     
 

7. FEE CHANGES

7.1. Mahalo Clinic, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions.

7.2. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

7.3. Mahalo Clinic will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

7.4. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. 
 

8. REFUNDS

8.1. Except when required by law, paid Subscription fees are non-refundable.         
           

9. USE OF WEBSITE

9.1. You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.

9.2. When accessing the Website, you shall be prohibited from:

9.2.1. using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;

9.2.2. using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;

9.2.3. taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;

9.2.4. copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without the Mahalo Clinic’s prior written consent;

9.2.5. reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and

9.2.6. attempting to access any area of the Website to which access is not authorized.

     

10. ACCESS AND USE

10.1. You must only use the Website in accordance with these Terms and any applicable law.

10.2. You must not (or attempt to):

10.2.1. Interfere with or disrupt the Website or the server or networks that host the Site;

10.2.2.Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

10.2.3. Interfere with security-related or other features of the Website.

10.3. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

10.4. You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to:

10.4.1. In a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

10.5.  In a way that is illegal or unfair.

11. COMMUNICATIONS

11.1. By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.

11.2. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@mahalo.clinic.                                                                                                               

12. PROHIBITED USES

12.1. You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.

12.2.  When accessing the Website, you shall be prohibited from:

12.2.1. using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;

12.2.2. taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;

12.2.3. copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without the Mahalo Clinic’s prior written consent;

12.2.4. reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and

12.2.5. attempting to access any area of the Website to which access is not authorised.

12.3. You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

12.3.1. In any way that violates any applicable national or international law or regulation.

12.3.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

12.3.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

12.3.4. To impersonate or attempt to impersonate Mahalo Clinic, Mahalo Clinic’s employee, another user, or any other person or entity.

12.3.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

12.3.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Mahalo Clinic or users of Service or expose them to liability.

12.4. Additionally, you agree not to:

12.4.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

12.4.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

12.4.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

12.4.4. Use any device, software, or routine that interferes with the proper working of Service.

12.4.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

12.4.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

12.4.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

12.4.8. Take any action that may damage or falsify Mahalo Clinic rating.

12.4.9. Otherwise attempt to interfere with the proper working of Service.

                                                           

13. USE OF THE SERVICE

13.1. The use of our Service is designed exclusively for registered Users.

13.2. We reserve the right to accept or reject any individual as a User at our sole discretion. We may also terminate accounts at any time, particularly if a User is found to be in breach of these Terms.

13.3. Users are allowed to maintain only one (1) account on our platform.

13.4. When you offer services as a Service Provider:

13.5. As a Service Provider engaging in a service contract with a Customer, you recognize that this forms a separate and binding agreement and that you are obliged to comply with these Terms.

13.6. You are also cognizant of the fact that you, as a Service Provider, do not represent Mahalo Clinic.

13.7. Any contract that is established as a result of providing a service to a Customer is exclusively between you and that Customer.

13.8. Mahalo Clinic shall not be held accountable for any losses or liabilities that you, as a Service Provider, may endure due to the actions or inactions of a Customer.

13.9. You agree that you are solely responsible for adhering to these Terms.

13.10. You acknowledge your obligation to provide any due compensation to the Customer for any of your non-compliance, including ensuring that the service provided is as described.

13.11. You concur that Mahalo Clinic is not responsible for any non-compliance on your part, and we are not liable to offer compensation to the Customer for any contractual breaches that occur between you and the Customer.

13.12. When you provide services as a Service Provider:

13.12.1.As a Service Provider, when you enter into a service agreement with a Customer, you acknowledge that you are engaging in a separate and binding contract with the Customer and you agree to abide by these Terms.

13.12.2.You are also aware that the Customer is not representing Mahalo Clinic in any capacity.

13.12.3.Any service agreement formed with a Customer is solely between you and that Customer.

13.12.4.Mahalo Clinic will not be held liable for any losses or liabilities you incur as a Service Provider resulting from the actions or inactions of the Customer.

13.12.5.You agree that you are fully responsible for adhering to these Terms.

13.12.6.You acknowledge your responsibility to provide compensation to the Customer for any failure to comply with the terms of the service agreement, including but not limited to ensuring the service provided matches the description offered.

13.12.7.You agree that Mahalo Clinic is not liable for any of your non-compliances and will not be obliged to compensate the Customer for any breaches in the agreement between you and the Customer.

13.13. When you acquire services as a Customer:

13.13.1.As a Customer, when entering into a service agreement with a Service Provider, you understand that you are part of a separate and binding contract with the Service Provider and that you will adhere to these Terms.

13.13.1.1. You recognize that the Service Provider is not acting on behalf of Mahalo Clinic.

13.14. Any service agreement made with a Service Provider is strictly between you and the Service Provider.

13.15. Mahalo Clinic will not be liable for any losses or liabilities you, as a Customer, may suffer due to the actions or omissions of the Service Provider.

14. PROHIBITED SERVICES

14.1. At Mahalo Clinic, our mission is to provide our users with a platform to facilitate the exchange of professional services.

14.2. However, we prohibit the offering or provision of certain services due to legal restrictions, health and safety concerns, or potential threats to security.

14.3. Users on Mahalo Clinic are not permitted to offer services that are illegal, unverified, or which they do not have the authority to provide. This includes any services that involve fraudulent or counterfeit practices.

14.4. We urge our Users to avoid offering services that may be deemed inappropriate or offensive, as we aim to maintain a respectful environment for all users.

14.5. As of now, the following service categories are not permitted to be listed on Mahalo Clinic:

14.6. Services that require professional licenses or certifications which the service provider cannot adequately prove.

14.7. Medical services that require a licensed practitioner, such as surgical procedures or prescription drug dispensations.

14.8. Any service that poses a significant risk to health and safety if performed without proper expertise or credentials.

14.9. Services related to adult content or those that are sexually explicit in nature.

14.10. Services that promote discrimination or violence against individuals or groups based on race, religion, gender, sexual orientation, or any other protected characteristic.

14.11. Services that involve the handling or transfer of illegal substances, weapons, or any other contraband.

14.12. We ask our Users to be vigilant and to report any offerings that violate these guidelines by using the reporting feature available on each service listing.

14.13. Non-Compliance: Mahalo Clinic reserves the right to remove any listings or offerings that do not comply with our guidelines. Additional measures may be taken against users who are repeat offenders or if the violation is deemed severe.

15. PURCHASES

15.1. When you decide to buy a product or service through our Service, we might ask for specific details related to your purchase. This can include your credit card number, its expiration date, your billing address, and shipping information, among other necessary details.

15.2. You confirm that: (i) you are authorized to use any payment method you choose for your purchase; and (ii) all information you provide us for the purchase is accurate and complete.

15.3. To process payments, we might use third-party services. By providing your payment information, you allow us to share this information with these third parties, in line with our Privacy Policy.

15.4. We may need to cancel or refuse your order for various reasons, which could include issues like product or service availability, mistakes in the pricing or description of products or services, or inaccuracies in your order, among others.

15.5. We also reserve the right to cancel or refuse your order if we suspect it involves fraud, unauthorized, or illegal activities.

16.  PURCHASES

16.1. For any product or service, you intend to buy through our Service, you'll need to provide certain essential details related to your purchase. This includes your credit card number, its expiration date, billing address, phone number, and shipping details.

16.2. You affirm that: (i) you are authorized to use the chosen payment method(s) for your purchase; and (ii) all information you provide us is accurate, complete, and up-to-date.

16.3. To facilitate payments and complete purchases, we might use third-party services. By entering your payment details, you authorize us to share this information with these third parties, as per our Privacy Policy.

16.4. We retain the right to cancel or refuse your order for various reasons, including but not limited to issues with product or service availability, inaccuracies in product or service descriptions or prices, or errors in your order.

16.5. We also reserve the right to cancel or refuse orders that we suspect to be fraudulent, unauthorized, or involve illegal transactions.

     

17.  NO USE BY MINORS

17.1. Service is intended only for access and use by individuals at least (13) years old. By accessing or using any of the Mahalo Clinic, you warrant and represent that you are at least (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least (13) years old, you are prohibited from both the access and usage of Service.

18.  INTELLECTUAL PROPERTY

18.1. Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Mahalo Clinic and its licensors.

18.2. Service is protected by patent, copyright, trademark, and other laws of State of California.

18.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mahalo Clinic.

18.4. All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this website, our applications, or within the services, are the sole property of Mahalo Clinic.

18.5. Unauthorized use of any materials contained on this Website, our applications or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact Mahalo Clinic immediately at: info@mahalo.clinic

18.6. All content, trademarks, data, information or information contained in any materials, or documents used in relation to Mahalo Clinic and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Content”), are the exclusive property of or are licensed to Mahalo Clinic. You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without Mahalo Clinic’s prior written permission.

18.7. Any and all intellectual property rights in the Content, Services and Mahalo Clinic or otherwise developed by or on behalf of Mahalo Clinic, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content, Services and Mahalo Clinic or otherwise developed by or on behalf of the Mahalo Clinic, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in the Mahalo Clinic its licensors or suppliers, as the case may be, and all rights not expressly granted by the Mahalo Clinic to you are reserved by the Mahalo Clinic.

18.8. Save as expressly set out herein and in the Contracts, you shall not acquire any right, title or interest in the Mahalo Clinic’s Intellectual Property. You may not use the Mahalo Clinic’s Intellectual Property in a manner which may (i) place the Mahalo Clinic’s Intellectual Property at risk of losing value, and (ii) cause reputational damage to the Mahalo Clinic.

18.9. You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by Mahalo Clinic, its third-party providers and other respective owners, if any.

18.10. Subject to these Terms, and your compliance with these Terms, Mahalo Clinic hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Content and to use this Service, in each case solely for your personal use. You agree not to use the Service or any of the Content for any commercial purpose. Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.

18.11. If you breach any of these Terms, the above license will terminate automatically.

 

19.  ERROR REPORTING AND FEEDBACK

19.1. You may provide us either directly at info@mahalo.clinic or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

19.1.1.you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

19.1.2. the Mahalo Clinic may have development ideas similar to the Feedback;

19.1.3. Feedback does not contain confidential information or proprietary information from you or any third party; and

19.1.4. the Mahalo Clinic is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Mahalo Clinic and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

20.  LINKS TO OTHER WEB SITES

20.1. Our Service may contain links to third party web sites or services that are not owned or controlled by Mahalo Clinic.

20.2. Mahalo Clinic has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

20.3. YOU ACKNOWLEDGE AND AGREE THAT MAHALO CLINIC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.

20.4. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

21. DISCLAIMER OF WARRANTY

21.1. THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

21.2. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

21.3. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

21.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

       

22. LIMITATION OF LIABILITY

22.1. To the extent permitted by applicable law, you agree to indemnify and hold harmless the Mahalo Clinic, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the products and/or services in violation of this agreement, or any breach by you of applicable laws or regulations. This indemnification obligation will include damages of any kind, including but not limited to indirect, incidental, consequential, special, or punitive damages, and costs associated with litigation or arbitration, trial, or appeal, if applicable.

22.2. Notwithstanding the above, nothing herein shall obligate you to indemnify the Mahalo Clinic for the Mahalo Clinic's own negligence or willful misconduct. In the event of any liability on the part of the Mahalo Clinic, to the extent permitted by law, such liability shall be limited to the amount actually paid by you for the products and/or services provided under this agreement. Under no circumstances will the Mahalo Clinic be liable for any indirect, consequential, or punitive damages.

23. GOVERNING LAW

23.1. These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.

23.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

23.3. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

23.4. Each party irrevocably agrees that the courts of State of California shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

23.5. Notwithstanding the specified agreement on jurisdiction, you and the Mahalo Clinic shall, if any dispute arises, attempt to settle it by mutual negotiations.         

23.6. You agree that for the purposes of the settlement of disputes between you and Mahalo Clinic, an e-mail correspondence with the authorized persons of the Mahalo Clinic at: info@mahalo.clinic shall be the effective and binding method of communication.

                                     

24. ARBITRATION

24.1. Any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including any question regarding its existence, validity, interpretation, breach, or termination, shall be resolved exclusively by arbitration administered by the American Arbitration Association (AAA) in accordance with its rules and procedures in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the Parties.

24.2. The arbitration shall be conducted in the State of California, and in accordance with the substantive laws of the State of California. The arbitration panel shall consist of three arbitrators, to be appointed in accordance with the rules of the chosen arbitration institution. The language of the arbitration shall be English.

24.3. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The Parties agree that the arbitrators shall have the authority to award legal and equitable relief available under the law of the State of California, including injunctive relief and specific performance.

24.4. Notwithstanding the foregoing, each Party retains the right to seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a Party's intellectual property rights.

24.5. The Parties further agree that they will participate in the arbitration proceedings in good faith and that they will share equally in its costs, except as otherwise awarded by the arbitrators.

24.6. This arbitration clause shall survive the termination or expiration of this contract.

25. CHANGES TO SERVICE

25.1. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.

25.2. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period.

25.3. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

26. AMENDMENTS TO TERMS

26.1. We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

26.2. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

26.3. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

26.4. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

26.5. If you do not agree to the new terms, you are no longer authorized to use Service.

27. INDEMNITY

27.1. You agree to indemnify, defend and hold harmless us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims demands (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or your breach of any law or the right of third party.

28. WAIVER AND SEVERABILITY

28.1. No waiver by the Mahalo Clinic of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Mahalo Clinic to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

28.2. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

29. ACKNOWLEDGEMENT

29.1. BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

30.  CONTACT US

30.1. For more information about our Term and Conditions, if you have questions, or if you would like to make a complaint, please send your feedback, comments, requests for technical support:

By email: info@mahalo.clinic