ALOHA LANI AGENCI HAWAII
TERMS OF SERVICE AGREEMENT
This TERMS OF SERVICE AGREEMENT (“Agreement”) is between you and ALOHA LANI AGENCI HAWAII, (“ALA HAWAII”), which may be contacted at 888 Mililani Street, Penthouse #2, Honolulu, Hawaii USA. By accessing the ALA HAWAII web site, currently located at http://www.alohalaniagenci.com/ (the “Website” or “Site”), and using, participating or registering for any of the Services (as defined below) accessible or advertised through the Site or elsewhere, you become a “Member”, whether or not you pay any fees to ALA HAWAII and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or participate in the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services. For the purposes of this Agreement, “you,” “your” or “yourself” shall mean the person who accesses the Site or registers for the Services.
● ALA HAWAII services consist of the following, without limitation:
● Personal Matchmaking and Coaching Services;
● Exclusive Matchmaking Events;
● Image and Dating Seminars/Presentations; and
● Singles Events open to men and women who are legally unmarried
● Language and communication assistance
(all of the above collectively referred to as the “Services”). ALA HAWAII may offer additional
services or revise any of the Services, at its discretion, and this Agreement will apply to all
additional services or revised Services. ALA HAWAII also reserves the right to cease offering
any of the Services.
Please review this Agreement carefully, including the Arbitration provision in Section 11, which describes how Disputes (as defined below) will be resolved between you and ALA HAWAII, and that no class actions may be brought under this Agreement.
This Agreement is subject to change by ALA HAWAII in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
a. Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By accessing the Site and/or using the Services, you represent and warrant that you are at least 18 years old. Certain Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
b. Marital Status. By requesting to use, registering to use, or using the Site and/or registering or participating in the Services, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, use or otherwise participate in the Services.
c. Health/Emotional Stability. By requesting to use, registering to use, or using the Site and/or Services, you represent and warrant that you are in an emotionally sound and healthy position for dating. Being an emotionally sound and healthy position for dating shall include, but not to be limited to, you NOT:
i. Being addicted to drugs, alcohol, prescription medication, pornography or sex;
ii. Engaging in behaviors that are, or could be deemed as, verbally, physically, sexually or emotionally abusive, (including any past or present allegations of sexual assault or abuse); and
iii. Engaging in any behaviors that are self-harming.
d. Criminal/Credit History. By requesting to use, registering to use, and/or using the Services, you represent and warrant that you have never been convicted of a felony, are not required to register as a sex offender with any government entity and/or have not been convicted of any crimes related to moral turpitude, including, but not limited to, fraud, adultery, lewdness, indecency and solicitation. ALA HAWAII MAY OR MAY NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OR CREDIT HISTORY CHECKS ON ITS MEMBERS. However, ALA HAWAII reserves the right to conduct any criminal background or credit history checks, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECKS.
e. Right to Refuse Services. To the maximum extent permitted by applicable law, ALA HAWAII, in its sole discretion, reserves the right to refuse participation in the Services or use of the Site by any individual.
2. Use of Site and Services. As a user and/or Member of the Site or a Member registered to use or participate in any of the Services (a “Member”), you agree to the following:
a. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ALA HAWAII is not responsible for third party access to your account that results from theft or misappropriation of your usernames and passwords.
b. Geographic Limitations. You will only use the Site and the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the use of the Services is legal in your respective jurisdiction. If you access the Site or Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ALA HAWAII Content accessed through http://www.alohalaniagenci.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
c. Information Submitted. You are solely responsible for, and assume all liability regarding,
i. the information and content you contribute to the Site or provide with respect to a particular Service;
ii. the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Site or Services; and
iii. your interactions with other Members through the Site or Services.
d. Risk Assumption and Precautions. You assume all risk when using the Site and participating in Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating, during events or dating, before events or dating and after events or dating. You agree to take all necessary precautions when meeting individuals through any of the Services or as a result of any offered Services. It is your responsibility to limit your use of alcohol or any mind altering substances that would impair your ability to make decisions, impair your judgment and motor skills or impair your ability to control your person. By signing this agreement you recognize that there are certain inherent risks associated with the above described activity and you assume full responsibility for personal injury to myself and (if applicable) your family members, and further release and discharge ALA HAWAII for injury, death, loss or damage arising out of your or your family's use of or presence upon the facilities of ALA HAWAII, whether caused by the fault of yourself, your family, ALA HAWAII or other third parties. You agree to pay for all damages to the facilities of ALA HAWAII caused by you or your family's negligent, reckless, or willful actions.
e. No Guarantees. ALA HAWAII may not be able to provide matches for everyone seeking to use or using its Site and/or Services. Further, ALA HAWAII makes no guarantees as to the number or frequency of matches through the Services offered, or to such matches’ ability, desire or criteria to communicate with any Member. You understand that ALA HAWAII makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services or as to the conduct of such individuals.
f. Reporting of Violations. You will promptly report to ALA HAWAII any violation of the Agreement and/or behavior by others that mirrors those behaviors listed in Section 1.c. above, including but not limited to, Members.
g. Content Removal. ALA HAWAII reserves the right, but has no obligation, to monitor the information or material you submit as a part of the Services or post in the public areas of the Site. ALA HAWAII will have the right to remove any such information or material that, in its sole opinion, violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. ALA HAWAII further reserves the right to remove or revoke any matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Site and at Services.
h. Posting and Communication Restrictions. You will not post on the Site, provide at the Services, transmit to other Members, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to harass, annoy, threaten or intimidate any other Members of the Site or Services;
iii. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
iv. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
v. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. intended to defraud, swindle or deceive other Members of the Services;
viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
x. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
xi. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xii. solicits gambling or engages in any gambling or similar activity;
xiii. uses scripts, bots or other automated technology to access the Site or Services;
xiv. uses the Site or Services for chain letter, junk mail or spam e-mails;
xv. collects or solicits personal information about anyone under 18; or
xvi. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
i. Unique and Bona Fide Profile. As a Member of the Site and/or Services, you will create only one unique profile. In addition, your use of the Services must be for bona fide relationship seeking purposes in order to maintain the integrity of the Services (for example, you may not become a Member solely to compile a report of compatible singles in your area, or to write a school research paper). Not all Members are available for matching. From time to time, ALA HAWAII may create test profiles in order to monitor the operation of the Site and/or Services.
j. Selection of Profiles. From time to time, your profile may be selected to introduce you to specific compatible matches, in which case ALA HAWAII may offer your contact information (email or phone number only) in order to enable you to meet such specific match. You will be under no obligation to meet with or communicate with the match(es) ALA HAWAII may introduce to you.
k. No Harassment of ALA HAWAII Employees or Agents. You will not harass, annoy, intimidate or threaten any ALA HAWAII employees or agents engaged in providing any portion of the Services to you.
l. http://www.alohalaniagenci.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ALA HAWAII and ALA HAWAII is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ALA HAWAII is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ALA HAWAII of the site or any association with its operators.
3. Proprietary Rights.
a. Ownership of Proprietary Information. You hereby acknowledge and agree that ALA HAWAII is the owner of highly valuable proprietary information, including without limitation, the compatibility matching system, compatibility profiles, and relationship questionnaires (collectively, “Confidential Information”). ALA HAWAII owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any Confidential Information or other copyrighted material, trademarks, or other proprietary information accessible via the Site or the Services, without first obtaining the prior written consent of the owner of such proprietary rights. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ALA HAWAII or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ALA Hawaii content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ALA Hawaii and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ALA Hawaii or our licensors except as expressly authorized by these Terms.
4. Member Information.
b. Disclosure By Law. You acknowledge and agree that ALA HAWAII may disclose information you provide if required to do so by law, at the request of a third party, or if ALA HAWAII, in our sole discretion, believes that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend ALA HAWAII’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the Member) is threatened.
5. Disclaimer of Warranty.
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALA HAWAII PROVIDES THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALA HAWAII DOES NOT WARRANT THAT YOUR USE OR PARTICIPATION WITH THE SITE OR THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ALA HAWAII DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
b. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by ALA HAWAII, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ALA HAWAII DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY Opinions, advice, statements, offers, or other information or content made available through the Site or Services not directly MADE by ALA HAWAII, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ALA HAWAII. UNDER NO CIRCUMSTANCES WILL ALA HAWAII BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR THROUGH THE SERVICES, OR TRANSMITTED TO OR BY ANY MEMBERS OR NON ALA HAWAII AGENT.
6. Limitation of Liability.
a. Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALA HAWAII BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ALA HAWAII KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ALA HAWAII’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR THE RESPECTIVE SERVICES, OR, IF YOU HAVE NOT PAID ALA HAWAII FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 U.S. DOLLARS OR ITS EQUIVALENT.
b. No Liability for non-ALA HAWAII Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALA HAWAII BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM PARTICIPATION IN THE SERVICES OR COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
c. Information Verification. ALA HAWAII and its contractors may use various ways of verifying information that Members have provided. However, none of those ways are perfect, and you agree that ALA HAWAII and its contractors will have no liability to you arising from any incorrectly verified information.
a. You agree to indemnify, defend and hold harmless ALA HAWAII and each of its officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Services, (b) any Member postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. ALA HAWAII reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ALA HAWAII in asserting any available defenses.
8. Complaints / Law Enforcement Contact. To resolve a complaint regarding the Site or a Service, you contact ALA HAWAII through its “Contact Us” link on the Site located at http://www.alohalaniagenci.com/contact. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to ALA HAWAII at its physical office address provided at the beginning of this Agreement.
10. Term and Termination. This Agreement will become effective upon your acceptance of the Agreement by your signature and/or your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or ALA HAWAII may terminate your account at any time, for any reason or no reason, subject to the limitations in Section *** above, without explanation, effective upon sending written notice to the other party. ALA HAWAII reserves the right to immediately suspend or terminate your access to the Site or any of the Services, without notice, for any reason or no reason. ALA HAWAII also reserves the right to remove your account information or data from our Services and any other records at any time at ALA HAWAII’s sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to ALA HAWAII by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by sending a notice of cancellation to physical address provided at the beginning of this Agreement.
a. Arbitration of Disputes. You and ALA HAWAII agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of ALA HAWAII (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION in the State of Hawaii as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of ALA HAWAII’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which ALA HAWAII may elect to have resolved by means other than arbitration. Notwithstanding the above, ALA HAWAII is always interested in attempting to resolve any Disputes by amicable and informal means, and ALA HAWAII encourages you to contact us before resorting to arbitration. YOU AND ALA HAWAII AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
b. No Class Actions. YOU AND ALA HAWAII ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor ALA HAWAII agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
c. Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with ALA HAWAII, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes.
d. Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
e. Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
12. General Provisions.
a. Right to Seek Injunction. Violation of this Agreement may cause ALA HAWAII irreparable harm, and therefore agree that ALA HAWAII will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that ALA HAWAII may have for a breach of this Agreement.
In case of an emergency, please call _________________ (Relationship: _________________) at _________________ (Day), or _________________ (Evening).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY
SURRENDER CERTAIN LEGAL RIGHTS.
Revision Date: This Agreement was last revised on February 22, 2015