Ohana Schedule Terms and Conditions of Use

By using Ohana Schedule mobile app (“Ohana Schedule”), its software, or the services it provides (collectively, “Services”), you are agreeing to be bound by the following terms and conditions which constitute a legal agreement (“Agreement”) between you and Ohana Technology, an Idaho limited liability company (“Ohana Technology,” “we,” “us,” or “our”). By using our Services, you are agreeing, without modification, to this Agreement and our Privacy Policy. Please read them carefully.

Ohana Technology reserves the right to update and change the terms and conditions of this Agreement without notice. Violation of any provision of this Agreement may result in the termination of your account.

Using Our Services. We are a technology company. We provide a technology platform to connect you with independent, third-party shops (each, a “Shop”) and merchants (each, a “Merchant”) that provide certain services and/or products offered through Ohana Schedule. We do not own, operate, or maintain any stores, shops, or facilities and by using the Services you agree that Ohana Technology has no responsibility or liability for the acts or omission of any Shop or Merchant. Ohana Technology does not assess or guarantee the suitability, legality, or ability of any Shop or Merchant and is not responsible for the Shop’s or Merchant’s compliance with applicable laws or regulations. You agree that Ohana Technology does not hold any title to or acquire any ownership interest in any goods or services you purchase from any Shop or Merchant. You further agree that Ohana Technology is not responsible for any charges, debts, or obligations associated with the use of our Services, incurred by you for any reason, including the purchase of goods or services from any Shop or Merchant.

Notwithstanding other rules and prohibitions in this Agreement, by using our Services you agree that:

(a)         You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.

(b)         You will only use the Services in accordance with all applicable laws and intellectual property rights, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.

(c)         You will only access the Services using means explicitly authorized by Ohana Technology.

(d)         You will not use another user’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(e)         You will not use the Services to cause nuisance, annoyance, or inconvenience.

(f)          You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Shop, Merchant, or User.

(g)         You will not copy or distribute Ohana Schedule, or any content displayed through the Services, including any Shop content and reviews, for republication in any format or media.

(h)         You will not compile, directly or indirectly, any content displayed through the Services except for your personal, non-commercial use.

(i)           The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(j)           You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.

(k)         You will use Ohana Schedule and the Services only for your own use and will not directly or indirectly resell, license or transfer Ohana Schedule, the Services or content displayed by the Services to a third party.

(l)           You will not use the Services in any way that could damage, disable, overburden or impair any Ohana Schedule or Ohana Technology server, or the networks connected to any Ohana Schedule of Ohana Technology server.

(m)       You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any Ohana Schedule or Ohana Technology server.

(n)         You will not scrape or otherwise conduct any systematic retrieval of data or other content from Ohana Schedule or the Services.

(o)         You will not try to harm other Users, Ohana Schedule, or the Services in any way whatsoever.

(p)         You will not engage in threatening, harassing, racist, sexist or any other behavior that Ohana Technology deems inappropriate when using the Services. 

(q)         You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.

In the event that we believe or determine that you have breached any of the aforementioned terms we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.

Intellectual Property Ownership. Ohana Technology, and its licensor(s) (if applicable) owns all right, title and interest, including all related intellectual property rights, in and to Ohana Schedule and Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to Ohana Schedule or Services, or any intellectual property rights owned by Ohana Technology. The product names associated with Ohana Schedule and Services are trademarks of Ohana Technology and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Ohana Schedule or the Services.

Shop and Merchant Participation. Ohana Schedule makes available Shop reservation services (the “Reservations”) through the Mobile App to you for the purpose of assisting you in securing a reservation. In response to Your request for a Shop reservation Ohana Schedule contacts the Shop’s computerized database of reservations as applicable. The availability of reservations or estimated wait time is determined at the time of your query and based on information provided to Ohana Schedule by the Shop. Once a reservation is made by you through Ohana Schedule, Ohana Schedule will provide confirmation of the reservation to you by email or other electronic messages as has been agreed to by you. By using the Reservations, you agree to receive reservation confirmations, updates, modifications and/or cancellations by email or other electronic messages.

No-Show Policy . Ohana Schedule is committed to providing you with a superior quality platform to assist you in making reservations and, in turn, providing Shops and Merchants with customers who require their goods or services. To assist in maintaining a consistently high level of service for the Shop and/or Merchant and their customers, you agree to cancel any Reservation that you will be unable to honor at least 30 minutes in advance of the Reservation. You may cancel your Reservation via Ohana Schedule or by calling the Shop directly. Some Shops or Merchants may require a debit or credit card number to finalize your Reservation. In order to use Reservations for these Shops or Merchants, you must provide valid debit or credit card information. You may also be required to cancel your Reservation in accordance with the Shop’s or Merchant’s cancellation policy, which is disclosed at the time the Reservation is made. Ohana shall have no liability for any charges made to the debit or credit card account for any failure to cancel your Reservation in accordance with a Shop’s or Merchant’s cancellation policy.

If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, Ohana Schedule will send you an email letting you know that our records indicate that you were a no-show. Upon arriving at the Shop, it is your responsibility to notify the host that you have a Reservation. By using the Reservation Services, you agree to receive no-show notifications by email after a report that your Reservation was not honored, whether or not that was in fact the case. Your Account will be suspended if you are a no-show for four reservations within a 12-month period. If you receive a no-show notification email in error, please contact Ohana Technologies to dispute it. You agree that all final no-show determinations will be made by Ohana Technology in its sole discretion.

Third-Party Interactions. The Services may contain links to third-party websites, applications, or advertisements (individually and collectively, “Third-Party Content”). When you click on a link to Third-Party Content, Ohana Schedule will not warn you that you have left Ohana Schedule’s website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Content is not under the control of Ohana Technology and Ohana Technology is not responsible for any Third-Party Content. Ohana Technology does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Content, or their products or services. You use all links in or to Third-Party Content at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Content.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF OHANA SCHEDULE, SOFTWARE AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES MAY BE MADE PERIODICALLY TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OHANA TECHNOLOGY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.  OHANA TECHNOLOGY DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OHANA TECHNOLOGY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

Indemnification. To the extent available by law, you agree to indemnify and hold harmless Ohana Technology and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your misuse of the Ohana Schedule, its software, or Services; (b) your breach of this Agreement; or (c) your violation of any applicable laws, rules or regulations through or related to the use of the Ohana Schedule, its software, or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. Ohana Technology 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 Ohana Technology in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Ohana Schedule and/or Services.

Electronic Communications from Ohana Technology. By using our Services, you agree that Ohana Technology may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our Privacy Policy and End User Licensing Agreement. For contractual purposes, you (1) consent to receive communications from Ohana Technology in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ohana Technology provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current.

No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Ohana Technology, any Shop or Merchant, or any third-party provider as a result of this Agreement or use of Ohana Schedule or Services.

Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

Assignment. This Agreement and the rights granted and the obligations hereunder may not be transferred, assigned, or delegated in any manner by You, but may be freely transferred, assigned, or delegated by Ohana Technology.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws governing the state of Idaho.

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END USER LICENSE AGREEMENT

This mobile application End User License Agreement (“EULA”) applies to Your access or use of the Ohana Schedule mobile application (“Mobile App”), its content, features, and services (collectively, “Services”) made available by Ohana Technology, LLC. This EULA forms a binding legal agreement between You (and any other entity on whose behalf You accept these terms) (collectively, “You” or “Your”) and Ohana Technology, a limited liability company with its principal place of business at 6700 N. Linder Rd., Ste. 156A #399, Meridian, ID 83646-6606 (“Ohana Technology”) (each separately a “Party” and collectively, the “Parties”). This EULA is effective as of the date You download the Mobile App.

By accessing or using the Services or by clicking “accept” or “agree” to this EULA, (1) You acknowledge that You have read, understand, and agree to be bound by this EULA, and (2) You represent and warrant that You are of a legal age and not prohibited by law from accessing or using the Services.

1.                  License.  Ohana Technology grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Ohana Schedule Mobile App and Services for Your personal and internal business purposes strictly in accordance with this EULA.

2.                  Your Account. Your use of the Mobile App requires that You have an account registered with Ohana Schedule (“Account”) in order to use certain Services. When registering for an Account, You must provide true, accurate, current, and complete data (“Registration Data”) about Yourself on the Ohana Schedule registration form. You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of Your Account and the information in Your Account, and, except as otherwise required by applicable law, You are solely responsible for all of the use of Your Account, whether or not authorized by You. You agree to immediately notify Ohana Schedule of any unauthorized use of Your Account or any other breach of security related to Your use of the Services.

3.                  Shop and Merchant Participation. Ohana Schedule makes available shop reservation services (the “Reservations”) through the Mobile App to You for the purpose of assisting You in securing reservations at participating third-party shops (each, a “Shop”) or merchants (each, a “Merchant”). In response to Your request for a Shop reservation through Ohana Schedule, Ohana Schedule contacts the Shop’s computerized database of reservations. The availability of reservations is determined at the time of Your query and based on information provided to Ohana Schedule by the Shop. Once a reservation request is made by You through Ohana Schedule, Ohana Schedule will provide confirmation of the reservation status to You by email or other electronic messages as has been agreed to by You. By using the Reservations, You agree to receive reservation confirmations, updates, modifications and/or cancellations by email, text, or other electronic messaging as provided for in the Mobile App and as agreed upon by You.

4.                  Changes to this EULA. Ohana Technology reserves the right to modify this EULA at any time and for any reason. If Ohana Technology makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, Your continued use of the Mobile App indicates Your consent to any updated terms.

5.                  No Included Maintenance and Support. Ohana Technology may deploy changes, updates, or enhancements to the Mobile App at any time. Ohana Technology may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.

6.                  Acceptable Use. You agree that You will not use or encourage others to use the Mobile App or the Services as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Services. Your use of the Services and the Mobile App is governed by the Ohana Schedule Terms and Conditions of Use (a current version of which can be found at __________________________). You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.  

7.                  Privacy. To operate and provide the Services and the Mobile App, Ohana Technology may collect certain information about You, including technical and telemetry data related to Your use of the Mobile App. We use third party service providers to help us collect and analyze this data, including Google Analytics. Ohana Technology uses and protects that information in accordance with the Ohana Technology Privacy Notice (a current version of which can be found at [WEBSITE]).  

8.                  Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize Ohana Schedule to send You (including via email and push notifications) information regarding the Services and the Mobile App, such as: (a) notices about Your use of the Services and the Mobile App, including notices of violations of use; (b) updates to the Services and Mobile App and new features or products; and (c) promotional information and materials regarding Ohana Schedule's products and services.  You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Mobile App settings.

9.                  No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OHANA TECHNOLOGY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Ohana Technology does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device. 

10.              Distribution Platforms. Subject to the terms and provisions of this EULA, the Mobile App and any update thereto, may be downloaded from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”) (each a “Distributor” and collectively, “Distributors”). The Parties of this EULA acknowledge that Distributors are not a party to this EULA and are not bound by any provisions or obligations with regard to the Mobile App, including but not limited to, warranty, liability, maintenance, and support thereof.

11.              Suspension and Termination of the Mobile App. Ohana Schedule reserves the right to suspend or terminate Your access to the Mobile App at any time. You understand that if Your account is suspended or terminated, You may no longer have access to Services.

12.              Limitations of Liability. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL OHANA TECHNOLOGY BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS EULA (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE OHANA SCHEDULE SITES, SERVICES, THE OHANA SCHEDULE CONTENT, OR THE CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY SHOP OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY SHOP OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE OHANA SCHEDULE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO YOU FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE OHANA SCHEDULE CONTENT. OHANA TECHNOLOGY IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY SHOP OR MERCHANT FOR WHICH YOU HAVE MADE A RESERVATION.

You and Ohana Technology understand and agree that the disclaimers, exclusions, and limitations in this Section 12 are essential elements of this EULA and that they represent a reasonable allocation of risk. In particular, You understand that Ohana Technology would be unable to make the Services available to You except on these terms and agree that this EULA will survive and apply even if any limited remedy specified in this EULA is found to have failed of its essential purpose.

13.              Third-Party Beneficiaries. This EULA is executed between You and Ohana Technology and not between You and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, Your acceptance of this EULA allows Apple or Google, as applicable, to enforce this EULA against You as a third-party beneficiary thereof. Ohana Technology is not responsible for or liable under any applicable third-party agreement between You and any third-party, including Your wireless provider.

14.              Release. Shops and Merchants are solely responsible for their interactions with You and any and all claims, injuries, damages, liabilities, and costs (“Claims”) suffered by You as a result of Your interaction with or visit to any Shop or Merchant or from any promotion, offer, product or service of any Shop or Merchant. You must resolve all disputes directly with the Shops or Merchants. To the maximum extent permitted by applicable law, You hereby release Ohana Technology from any and all such Claims.

15.              Intellectual Property Rights. The features, information, and materials provided and depicted through Ohana Schedule and/or Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Ohana Schedule (collectively, the “Ohana Schedule Content”) are provided to You by Ohana Technology or its partners or licensors solely to support Your permitted use of the Ohana Schedule and/or Services. The Ohana Schedule Content may be modified from time to time by Ohana Technology in its sole discretion. Except as expressly set forth herein, no license is granted to You for any other purpose, and any other use of the Services or the Ohana Schedule Content by You shall constitute a material breach of this EULA. Ohana Technology and its partners or licensors retain all rights in the Services and Ohana Schedule Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Ohana Technology or any third party is granted under this Agreement.

16.              Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.

17.              Severability. If any of the provisions, or portions thereof, of this EULA are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this EULA shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

18.              Assignment. This EULA and the rights granted and the obligations hereunder may not be transferred, assigned, or delegated in any manner by You, but may be freely transferred, assigned, or delegated by Ohana Technology.

19.              Governing Law. This EULA shall be governed by and construed in accordance with the laws governing the state of Idaho.

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