Your privacy is important to us at Mauna Services Software. So we've developed this privacy policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know you have any questions.
Effective Date: January 01,2024
We at Mauna Services Software respect your concerns about privacy. This Privacy Notice applies to personal customer information obtained by our Company, through our Services: web sites, mobile sites, applications (“apps”), emails, and widgets. The Notice describes the types of personal information we obtain about customers, how we use the information, and with whom we share it. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices. Our Services are for a general audience, are not targeted to children, and we do not knowingly collect personal information from children under 13 years of age. Click on one of the links below to jump to the listed section:
Click on one of the links below to jump to the listed section:
-Information We Obtain
*Information Obtained by Automated Means Through Our Services
-How We Use the Information We Obtain
-Information We Share
-Your Choices
*Accessing, Reviewing, Updating and Modifying Personal Information
-Notice to California Residents
-How We Protect and Retain Personal Information
-Transfers of Information
-Links to Third-Party Sites, Apps and Services
-Updates to Our Privacy Notice
-How To Contact Us
We obtain personal information about customers through our Services, publicly and commercially available sources, and from some third-party services (such as social media networks). The types of personal information we may obtain include:
o Contact information(such as name, postal address, email address and telephone and/or mobile numbers);
o Username and password when you register through our Services;
o Geolocation data;
o Other information you may provide to us, such as through our “Submit a Request” or “Contact Us” feature; and
o Behavioral data such as website pages visited or time spent using our Services.
We also may obtain certain information through our Services by automated means, such as cookies(including HTTP, HTML5 and Flash cookies), web beacons, web server logs, JavaScript and similar technologies, including technologies designed to obtain information regarding your use of our Services. The information we obtain in this manner may include IP address, mobile device advertising ID, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our Services, and dates and times you access or use our Services. In connection with our mobile apps, we also may obtain your phone number and details about your mobile carrier.
A “cookie” is a file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the action maybe collected and stored. We also may use similar automated means to obtain and store information regarding your actions while using our mobile apps.
We may link certain data elements obtained through automated means, such as your browser or device information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you, what search queries you may have run and what advertisements you may have seen on our Services or on third-party websites and apps. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Services. Your device settings also may allow you to prohibit mobile app platforms (such as Apple and Google) from sharing certain information obtained by automated means with us through our apps or other app developers.
In addition, if you register with us through or connect your account with us to a third-party social media network (such as Facebook, Google, or Twitter), we may obtain certain information about you from the relevant social media network, such as your user ID and/or user name associated with that social media network, the information contained in your public profile on the social media network and friends lists. The specific information we obtain depends on your privacy settings on the applicable social media network.
The providers of third-party apps, tools, widgets and plug-ins on our Services, such as social media sharing tools, also may use automated means to collect information regarding your interactions with these features. This information is collected directly by the providers of those features and is subject to the privacy policies or notices of those providers. Our Company is not responsible for those providers’ information practices.
We may use the information collected from and about you to:
o Provide our products and services;
o Create and manage online accounts;
o Send promotional materials, alerts regarding available offers and other communications, including communications through the Services and outside of the Services, such as via email and through third-party websites and apps;
o Communicate about, and administer participation in, special events, promotions, programs, offers, surveys, contests and market research;
o Respond to inquiries from you and other third-parties, including inquiries from law enforcement agencies;
o Anonymize personal information to provide third parties with aggregated data reports showing anonymized information and other non-personal information;
o Supplement your personal information collected from you with additional information from publicly and commercially available sources, and/or information from third-party services;
o Associate your browser and/or device with other browsers or devices you use for the purpose of providing relevant and easier access to content, advertising across browsers and devices, and other operational/business purposes.
o Operate, evaluate and improve our business (including developing, enhancing, analyzing and improving our Services; managing our communications; performing data analytics; and performing accounting, auditing and other internal functions);
o Protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; and
o Comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.
In addition, we and our third-party service providers may use information collected through automated means including cookies, web beacons, web server logs, JavaScript and similar technologies for purposes such as (1) customizing our users’ visits to and use of our Services, (2) delivering content (including advertising) tailored to our users’ interests and the manner in which our users use our Services, and (3)managing our Services and other aspects of our business.
We may use third-party analytics services on our Services, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web beacons, web server logs and similar technologies to help us analyze your use of the Services. The information collected through these means may be disclosed to these analytics providers and other relevant third parties who use the information, for example, to evaluate use of the Services. To learn more about how to opt out of Google Analytics services, please visit the link below:
o Google Analytics: https://tools.google.com/dlpage/gaoptout We also may use your personal information in other ways for which we provide specific notice at the time of collection.
We may share customer personal information with:
o Service providers in the US and other jurisdictions who perform services on our behalf.
o Our third party clients or business partners, such as publishers and social media networks, for marketing purposes, such as targeted promotional emails.
In addition, when the information collected from or about you does not identify you as a specific person, we may share it with third parties.
We may further disclose information about you (1) if we are required to do so by law or legal process,(2) to law enforcement authorities or other government officials, and (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer personal information we have about you in the event of a proposed or completed sale or transfer of all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).
We offer you certain choices in connection with the personal information we obtain about you, such as how we communicate with you.
To update your preferences, ask us to remove your information from our marketing mailing lists or submit a request, please contact us as outlined in the How To Contact Us Section below.
You also can unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our emails.
You have the right to access, review, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updates to and corrections of inaccuracies in your personal information by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to his/her personal information records.
We maintain administrative, technical and physical safeguards designed to protect personal information we have about you against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We make reasonable efforts to ensure a level of security appropriate to the risk of the processing, taking into account the costs of implementation and nature of the processing of such personal information. We retain personal information for the period needed to fulfill the purposes for which the personal information was collected and as otherwise required or permitted by applicable law, such as in relation to our record retention obligations.
The Services may be hosted in and managed from a country outside the country in which you initially provided the information, including the United States. We may transfer the personal information we collect about you to the United States and/or another country, which may not be deemed to have the same data protection laws as the country in which you initially provided the information. When your personal information is in such countries, it may be accessed by the courts, law enforcement and national security authorities in accordance with applicable law. If you are a user located outside the United States or the country to which your information may be transferred, you understand and consent to having any personal information processed in the United States and/or such country. Your consent includes the use of cookies and other tracking technologies as described above. When we transfer your information, we will protect that information as described in this Notice.
For your convenience and information, our Services may provide links to third-party sites, apps and services that may be operated by companies not affiliated with Mauna Services Software. These companies may have their own privacy notices or policies, which we strongly suggest you review. We are not responsible for the privacy practices of any sites, apps, or services outside our Company
This Privacy Notice maybe updated periodically and without prior notice to you to reflect changes in our personal information practices. For significant changes, we will notify you by posting a prominent notice on our Services indicating at the top of the Notice when it was most recently updated.
If you have any questions or comments about this Privacy Notice or the manner in which we or our service providers treat your personal information, would like to exercise your choices, or would like us to update information we have about you or your preferences, please contact us as follows:
app.support@maunaservices.com
You also may write to:
Operations
Mauna Services LLC. (Software)
8 The Green
SUITE 8462Dover, DE 19901
Please read this Mauna Services Software End User License Agreement (EULA) carefully. This EULA is a contract between you and Mauna Services Software, a division of Mauna Services LLC. and governs your use of (i) any Mauna Services software (including but not limited to the App by Mauna Services products), and (ii) any Mauna Services products and content, including but not limited to files, e-book files, reference materials, font files, daily reading files, and any other files available for download or as a boxed product), including any Updates (defined below) and accompanying printed or electronic documentation (collectively, the Product).
BY CLICKING 'I AGREE' ORDOWNLOADING, INSTALLING, OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THISEULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK 'I AGREE' ORDOWNLOAD, INSTALL OR USE THE PRODUCT.
1. ACKNOWLEDGEMENT. You and Mauna Services acknowledge that (i) you are licensing the Product from Mauna Services and not Apple, Google, or the like, and (ii) Apple, Google, nor any other app store vendor, is not a party to this EULA. As between Apple, Google, or any other app store vendor and Mauna Services, Mauna Services is solely responsible for the Product, the content therein, any maintenance or support services to the extent required by applicable law, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to the Product (including for infringement of third party intellectual property rights and consumer protection and product liability claims). You and Mauna Services acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary hereof.
2. LICENSE GRANT. Subject to your compliance with the terms and conditions of this EULA, Mauna Services grants to you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to install and use one copy of a Product on up to five (5) supported devices that you own or control. Other than as specifically permitted during a free trial period, if applicable, you may not manipulate the Product, Mauna Services' website or other Mauna Services resources to access or utilize any purchase-based or subscription-based feature of the Product unless you have paid the applicable fee. Mauna Services is not obligated to provide any such free trial period for any Product.
3. IN-APP PURCHASES. Some Mauna Services apps provide the ability to make purchases within the app by means of an in-app purchase (IAP). These purchases may be single a-la-carte purchases providing an ongoing license to the product being purchased, or they may be an auto-renewable subscription. A-la-carte Purchase. For an a-la-carte in-app purchase, a one-time payment will be charged to your account with the associated App Store Vendor (e.g. Apple, Google Play) upon your confirmation of purchase. No further payment will be required for this purchase. If you have any problems with the transaction or wish to seek a refund, you may contact Mauna Services' customer support (app.support@maunaservices.com) for assistance, but you will likely be directed to contact the App Store Vendor for further assistance. Auto-renewable Subscription. For an in-app purchase of an auto-renewable subscription, payment will be charged to your account with the App Store Vendor (e.g. Apple, Google Play) upon your confirmation of the purchase, and after any applicable free trial period has ended. The subscription will automatically renew unless auto-renew has been turned off at least 24-hours prior to the end of the current period. Your account will be charged the cost of the renewal within 24-hours prior to the end of the current period. You may manage your subscriptions, including turning off auto-renewal, by going here: Manage Subscriptions (please note that for in-app purchases, you will be directed to a support article for the App Store Vendor of your purchase that will direct you how to manage your subscription.
4. OWNERSHIP;PROPRIETARY MARKS. The Product is protected by copyright and other intellectual property laws and treaties. Except for the limited license granted to you in Section 2 of this EULA, Mauna Services reserves all right, title, and interest, including but not limited to copyright, patent, trade secret, and all other intellectual property and proprietary rights, in and to the Product. You agree that Mauna Services does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under this EULA. You may not delete, obscure or alter any copyright, trademark or other proprietary rights notices appearing on the Product. All rights are reserved.
5. FEEDBACK. If you inform Mauna Services of any errors, difficulties or other problems with the Product, or make any suggestions as to changes or modifications to the Product(collectively, Feedback), Mauna Services will have the right to use the Feedback for any purpose without compensation to you. All Feedback, including any and all patents, copyrights, trade secrets and any and all other proprietary rights in or derived from the Feedback, will be the sole property of Mauna Services.
6. NO DISTRIBUTION ORCOMMERCIAL USE. You may not sell, resell, sublicense, rent, lease, lend, publish, post, or otherwise provide or distribute the Product, in whole or in part, to any third party without the express prior written consent of Mauna Services in each instance. You may not use or distribute the Product, including but not limited to any content you create using the Product (e.g., personal notes, bookmarks, reading schedules, etc.) for any commercial use or purpose.
7. RESTRICTED USE. You must use the Product in a manner consistent with all applicable laws and regulations, and this EULA. You may not use the Product for any illegal, non-personal or unauthorized purpose. You may not use the Product in a manner that could damage or cause risk to Mauna Services' business, reputation, employees, customers, facilities, or to any third party. Unauthorized use of the Product includes but is not limited to: (a) tampering with or using non-public areas of Mauna Services' website or computer systems; (b)attempting to probe or test the vulnerability of Mauna Services' website or systems, or to breach Mauna Services' security or authentication measures; (c)attempting to access or search the Product, or Mauna Services' website or systems with any software or mechanism other than the software and/or search agents provided by Mauna Services or other generally available third party browser; (d) attempting to decompile, decipher, disassemble, reverse engineer or otherwise attempt to access or obtain the source code of any of software comprising or in any way making up a part of Mauna Services' website or systems; or (e) attempting to interfere with the access of any user, host or network, including but not limited to sending a "virus" through the Product or Mauna Services' website or systems.
8. NO REVERSEENGINEERING. You may not copy, list, print, publish, display, modify, create derivative works of, translate, decompile, decipher, disassemble, reverse engineer or otherwise attempt to access or obtain the source code of, or any other proprietary or confidential information from, the Product, in whole or in part, except as expressly permitted by applicable law notwithstanding this limitation.
9. UPDATES. Mauna Services may, in its sole discretion, provide to you updates or supplements to the Product ("Updates"). If Mauna Services provides you any Updates, this EULA will apply to those Updates. The Product may operate only on those hardware and software platforms specified in the Product documentation. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the then-current version of the Product. Mauna Services reserves the right to cease supporting any hardware or software platform at any time, with or without notice.10. USER ACCOUNT ANDPASSWORD; SECURITY. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account, including through the Product. You agree to immediately notify Mauna Services of any unauthorized use of your account or any other breach of security of which you become aware.
11. TERMINATION;SUSPECTED BREACH. If you breach any of the terms and conditions of this EULA or Mauna Services suspects any breach of this EULA, or for any other reason that affects Mauna Services's business, customers or the public, Mauna Services may:(a) begin legal action, (b) immediately suspend or terminate the EULA, or (c)cooperate with law enforcement in legal proceedings against violators. You agree to cooperate with Mauna Services in investigating suspected violations. In the event of termination of this EULA, any and all licenses granted to you under this EULA immediately cease, and you must: (i) immediately cease any use of the Product and (ii) delete all copies of the Product in your possession, custody, or control, including any copies of the Product on magnetic media or computer systems.
12. DISCLAIMEROF WARRANTIES. THE PRODUCT AND ANY ACCOMPANYING SERVICES (E.G. DATASYNCHRONIZATION) ARE PROVIDED ON AN "AS IS" AND "WITH ALLFAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY,NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLYDISCLAIMED. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE UNINTERRUPTED, ALWAYSAVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. THERE IS NOWARRANTY THAT ANY DATA OR CONTENT YOU INPUT, IMPORT, TRANSFER, TRANSMIT,DOWNLOAD OR UPLOAD TO THE PRODUCT OR ANY ACCOMPANYING WEBSITE WILL BE KEPTSECURELY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PRODUCT. ANYSTATEMENTS MADE ON OR IN ANY PACKAGING, MANUALS, OR OTHER DOCUMENTS NOTEXPRESSLY INCORPORATED HEREIN, AND ANY STATEMENTS MADE BY ANY MAUNA SERVICESEMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY ANDNOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY MAUNA SERVICES. MAUNASERVICES DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON MAUNASERVICES'S BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SOME STATESDO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THISSECTION 11 MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
13. LIMITATIONOF LIABILITY; DISCLAIMER OF CERTAIN DAMAGES. EVEN IF MAUNA SERVICES HASBEEN ADVISED OF THE POSSIBILITY OF DAMAGES, MAUNA SERVICES WILL NOT BE LIABLETO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM THIS EULA OR USE OFTHE PRODUCT OR ACCOMPANYING SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE,EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR BREACHOF SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGESWHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF THE PRODUCT, LOST PROFITS,LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO: (A) UNAUTHORIZED ACCESS OR VIRUSESOR OTHER HARMFUL COMPONENTS, (B) THE INABILITY TO USE THE PRODUCT, OR (C) ANYINFORMATION, CONTENT OR ANY FORM OF DATA THAT IS INPUT, IMPORTED, TRANSFERRED,TRANSMITTED TO, TRANSMITTED FROM, RECEIVED FROM OR RECEIVED BY THE PRODUCT ORANY ACCOMPANYING SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONSTO CERTAIN REMEDIES, SO THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION 12 MAYNOT APPLY TO YOU, IN WHOLE OR IN PART.THE MAXIMUM AGGREGATELIABILITY OF MAUNA SERVICES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE FOR ANYAND ALL DAMAGES, INJURY, OR LOSSES ARISING FROM ANY AND ALL CLAIMS AND/ORCAUSES OF ACTION RELATED TO THE PRODUCT OR THIS EULA WILL BE THE AMOUNT PAID BYYOU FOR THE APPLICABLE PRODUCT OR TEN DOLLARS ($10.00), WHICHEVER IS THEGREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THISEULA WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
14. INDEMNIFICATION. You must defend, indemnify and hold Mauna Services harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Product or your violation of this EULA.
15. NO ASSIGNMENT. This EULA will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assignees. You may not assign this EULA, or any of your rights, interests, or obligations in connection with you ruse of the Product, without seeking and obtaining the prior written consent of Mauna Services in each instance. Any such assignment without such consent will be void and of no force and effect.
16. THIRD PARTY CONTENT. The Product may contain content or links to various third party web sites and other resources ("Third Party Content"). This third party content (e.g. other than www.maunaservices.com) is not under the control of Mauna Services and Mauna Services is not responsible or liable for the content ,communications or materials of any Third Party Content. Mauna Services, if applicable, provides this content or links to you as a convenience only. The inclusion of any link does not imply endorsement by Mauna Services of the Third Party Content or any association with its operators. You are responsible for adhering to the applicable terms of service for any Third Party Content. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.
17. U.S. GOVERNMENTLICENSE RIGHTS. All software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described in this EULA. All software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988),as applicable.
18. EXPORT RESTRICTIONS. You acknowledge that the Product contains software that is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
19. GOVERNING LAW;VENUE; ATTORNEYS' FEES. Washington state law governs the interpretation of this EULA and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and intort. Regardless of the choice of laws, any action arising out of or related to this Agreement shall be brought in the state or federal courts located in Spokane, Washington, and each party irrevocably consents to the exclusive jurisdiction and venue of such courts. If either party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs and other expenses.
20. ENTIRE AGREEMENT; NOWAIVER; SEVERABILITY. This EULA comprises the entire agreement and understanding of you and Mauna Services regarding the Product and supersedes and replaces all other agreements or representations, whether electronic, written or oral, regarding the subject matter of this EULA. Mauna Services' failure at any time to require strict performance by you or any other licensees of any of the provisions of this EULA does not waive Mauna Services' right to thereafter require strict compliance with any provisions of this EULA. If a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this EULA is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the EULA will be enforced as nearly as possible in accordance with the stated intention of the parties. Electronic images of this EULA will be considered originals.
21. MODIFICATION OF THISAGREEMENT. Mauna Services may modify this Agreement at any time in its sole discretion. If so, a change of terms notice or a current version of this Agreement will be posted at the Mauna Services website (at www.maunaservices.com).In the event of a material change to this Agreement we will also use reasonable efforts to notify you by sending notice to the email address that you have provided to us. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Product and destroy any installations of the Product on your devices and in your possession. Your continued use of the Product following our posting of a change of terms notice or a new end user licensing agreement on the Product will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATESTHAT YOU GIVE CONSENT TO MAUNA SERVICES TO SEND AN E-MAIL COMMUNICATION TO YOUWITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT, THEPRODUCT(S) OR OUR SERVICES TO WHICH YOU HAVE SUBSCRIBED.
22. CONTACT INFORMATION. If you have any questions regarding this EULA or the Product, you may contact us at:
Mauna Services LLC.
8 The Green
SUITE 8462Dover, DE 19901
email: support@maunasevices.com
These Terms and Conditions of Use (the 'Terms Of Use') apply to the Mauna Services Software ('Mauna Services') web site located at www.maunaservices.com, and all associated sites by Mauna Services' subsidiaries and affiliates, (collectively, the 'Site'). The Site is the property of Mauna Services. BY USING THE SITE, YOU AGREE TO THESE TERMSOF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
As long as you comply with these Terms Of Use, Mauna Services grants you a personal, non-exclusive, non-transferable, limited privilege to enter, use the Site and view its content therein.
1. WEB SITE &SERVICES CONTENT. All Mauna Services text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, 'Content'), including but not limited to the design ,structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Mauna Services. Except as expressly provided in these Terms Of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Mauna Services' express prior written consent.
2. YOUR AUTHORIZED USES. You may use information on the Site, as well as Mauna Services products and services purposely made available by Mauna Services for downloading from the Site, provided that you: (a) not remove any proprietary notice language in all copies of such documents, (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) not make any additional representations or warranties relating to such documents.
3. PROHIBITED USES. You may not use any scraper, robot, spider or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Mauna Services reserves the right to bar any such activity or access. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Mauna Services server, or to any of our services offered on or through the Site, by hacking, password mining or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Mauna Services, including any Mauna Services account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Mauna Services' systems or networks, or any systems or networks connected to the Site or to Mauna Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Mauna Services on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms Of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mauna Services or others.
4.ACCOUNTS/IDENTIFICATION AND PASSWORDS. Certain features or services offered on or through the Site may require you to open an account (including setting up an Mauna Services account/identification and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Mauna Services immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Mauna Services or any other user of or visitor to the Site due to someone else using your Mauna Services identification, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's Mauna Services identification, password or account at any time without the express permission and consent of the holder of that Mauna Services identification, password or account. Mauna Services cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. TERMINATION;SUSPECTED BREACH. If you breach any of these Terms Of Use or Mauna Services suspects any breach of its privacy policy or end user license agreements, or for any other reason that affects Mauna Services' business, customers or the public, Mauna Services may: (a) begin legal action, (b) immediately suspend or terminate these Terms Of Use with you, or (c) cooperate with law enforcement in legal proceedings against violators. You agree that Mauna Services may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms Of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms Of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mauna Services, for which monetary damages would be inadequate, and you consent to Mauna Services obtaining any injunctive or equitable relief that Mauna Services deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mauna Services may have at law or in equity. You agree to cooperate with Mauna Services in investigating suspected violations. In the event of termination of these Terms Of Use, any and all rights of use granted to you under these Terms Of Use immediately cease, and you must immediately cease any use of the Site.
6. DISCLAIMER OFWARRANTIES. MAUNA SERVICES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT,SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANYDEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFICRESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN 'AS-IS' AND'AS-AVAILABLE' BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGEWITHOUT NOTICE. MAUNA SERVICES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOUDOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVEFEATURES. MAUNA SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE. MAUNA SERVICES DISCLAIMS ANY AND ALLLIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES INCONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MAUNA SERVICESSERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANYLINKED SITES. YOUR SOLE REMEDY AGAINST MAUNA SERVICES FOR DISSATISFACTION WITHTHE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THISLIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Mauna Services reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. IF YOU ARE UTILIZING ANYSERVICES OFFERED BY MAUNA SERVICES THROUGH THIS WEBSITE (E.G. DATASYNCHRONIZATION), SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND"WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHEREXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICHARE EXPRESSLY DISCLAIMED. THERE IS NO WARRANTY THAT OUR SERVICES WILL BEUNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL ORERROR FREE. THERE IS NO WARRANTY THAT ANY DATA OR CONTENT YOU INPUT, IMPORT,TRANSFER, TRANSMIT, DOWNLOAD OR UPLOAD TO THE PRODUCT OR ANY ACCOMPANYINGWEBSITE WILL BE KEPT SECURELY. MAUNA SERVICES DOES NOT AUTHORIZE ANYONE TO MAKEA WARRANTY OF ANY KIND ON MAUNA SERVICES'S BEHALF, AND YOU SHOULD NOT RELY ONANY SUCH STATEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIEDWARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE ORIN PART.
7. LIMITATION OFLIABILITY; DISCLAIMER OF CERTAIN DAMAGES. EVEN IF MAUNA SERVICES HAS BEENADVISED OF THE POSSIBILITY OF DAMAGES, MAUNA SERVICES WILL NOT BE LIABLE TO YOUOR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM THESE TERMS OF USE OR USE OF MAUNASERVICES SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY,INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR BREACH OFSECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGESWHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF THE PRODUCT, LOST PROFITS,LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO: (A) UNAUTHORIZED ACCESS OR VIRUSESOR OTHER HARMFUL COMPONENTS, (B) THE INABILITY TO USE THE WEB SITE OR SERVICES,OR (C) ANY INFORMATION, CONTENT OR ANY FORM OF DATA THAT IS INPUT, IMPORTED,TRANSFERRED, TRANSMITTED TO, TRANSMITTED FROM, RECEIVED FROM OR RECEIVED BY THEPRODUCT OR ANY ACCOMPANYING SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION ORLIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF ORLIMITATIONS TO CERTAIN REMEDIES, SO THE EXCLUSIONS OR LIMITATIONS IN THISSECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.THE MAXIMUM AGGREGATELIABILITY OF MAUNA SERVICES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE FOR ANYAND ALL DAMAGES, INJURY, OR LOSSES ARISING FROM ANY AND ALL CLAIMS AND/ORCAUSES OF ACTION RELATED TO THE SITE, MAUNA SERVICES SERVICES OR THESE TERMS OFUSE, IN COMBINATION WITH ANY OTHER AGREEMENTS ENTERED INTO WITH MAUNA SERVICES(E.G. END USER LICENSE AGREEMENT), WILL BE THE AMOUNT PAID BY YOU FOR ANAPPLICABLE MAUNA SERVICES PRODUCT OR SERVICE, OR TEN DOLLARS ($10.00),WHICHEVER IS THE GREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER ORRELATED TO THESE TERMS OF USE WILL NOT ENLARGE OR EXTEND THE LIMITATION OFMONEY DAMAGES.
8. INDEMNIFICATION. You must defend, indemnify and hold Mauna Services harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Site or your violation of these Terms Of Use.
9. NO ASSIGNMENT. These Terms Of Use will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assignees. You may not assign these Terms Of Use, or any of your rights, interests, or obligations in connection with your use of the Site, without seeking and obtaining the prior written consent of Mauna Services in each instance. Any such assignment without such consent will be void and of no force and effect.
10. THIRD PARTY CONTENT. The Site may contain content or links to various third party web sites and other resources ("Third Party Content"). This Third Party Content (e.g. other than www.maunaservices.com) is not under the control of Mauna Services and Mauna Services is not responsible or liable for the content, communications or materials of any Third Party Content. Mauna Services, if applicable, provides this content or links to you as a convenience only. The inclusion of any link does not imply endorsement by Mauna Services of the Third Party Content or any association with its operators. You are responsible for adhering to the applicable terms of use for any Third Party Content. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties. On some rare circumstances, it may be necessary ? by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence? for Mauna Services to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of are organization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
11. EXPORT RESTRICTIONS. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
12. GOVERNING LAW;VENUE; ATTORNEYS' FEES. Washington state law governs the interpretation of these Terms Of Use and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. Regardless of the choice of laws, any action arising out of or related to this Agreement shall be brought in the state or federal courts located in Spokane, Washington, and each party irrevocably consents to the exclusive jurisdiction and venue of such courts. If either party employs attorneys to enforce any rights arising out of or relating to these Terms Of Use, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs and other expenses.
13. ENTIRE AGREEMENT; NOWAIVER; SEVERABILITY. These Terms of Use comprise the entire agreement and understanding of you and Mauna Services regarding the Mauna Services web site and related services, and supersedes and replaces all other agreements or representations, whether electronic, written or oral, regarding the subject matter of this agreement. Mauna Services' failure at any time to require strict performance by you or any other licensees of any of the provisions of this agreement does not waive Mauna Services' right to thereafter require strict compliance with any provisions of this agreement. If a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the agreement will be enforced as nearly as possible in accordance with the stated intention of the parties. Electronic images of this agreement will be considered originals.
14. MODIFICATION OF THISAGREEMENT. As summarily noted above, Mauna Services may modify these Terms Of Use at any time in its sole discretion. If so, a change of terms notice or a current version of this Agreement will be posted at the Mauna Services website(at www.maunaservices.com). In the event of a material change to this Agreement we will also use reasonable efforts to notify you by sending notice to the email address that you have provided to us. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Site and related services. Your continued use of the Site and related services following our posting of a change of terms notice will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATESTHAT YOU GIVE CONSENT TO MAUNA SERVICES TO SEND AN E-MAIL COMMUNICATION TO YOUWITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT, THEPRODUCT(S) OR OUR SERVICES TO WHICH YOU HAVE SUBSCRIBED.
15. PRIVACY POLICY &END USER LICENSE . Mauna Services' Privacy Policy applies to use of this Site, and its terms are made a part of these Terms Of Use by this reference. To view Mauna Services' Privacy Policy, review our Privacy Policy . Additionally, if you utilize any of Mauna Services' software, then it is highly recommended that you review our End User's License Agreement, which shall take precedence over any conflict of terms that may be referenced herein.
16. CONTACT INFORMATION. If you have any questions regarding these Terms Of Use, or any related services or software, you may contact us at:
Mauna Services LLC.
8 The Green
SUITE 8462Dover, DE 19901
email: support@maunaservices.com