Terms and Conditions of Kalolina LLC
1. Introduction
These terms and conditions (“Terms”) govern your use of the website and/or mobile application of Kalolina LLC (“Kalolina”), accessible at https://kalolina.com (“Website/App”). By accessing or using the Website/App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website/App.
2. Cookies
We employ the use of cookies on the Website/App. By accessing Kalolina, you agree to use cookies in accordance with the terms set forth in Kalolina’s Privacy Policy. For more information on how we use cookies, please refer to our Privacy Policy.
3. Intellectual Property
Unless otherwise stated, Kalolina and/or its licensors own the intellectual property rights in the Website/App and all materials available on the Website/App, including but not limited to text, graphics, icons, images, audio clips, videos, software, and code (collectively, “Materials”). Subject to the license granted below, all intellectual property rights are reserved.
4. License
Kalolina grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website/App and the Materials for personal, non-commercial purposes, subject to these Terms. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials obtained from the Website/App without the express written consent of Kalolina. This license does not permit you to use any trademarks, service marks, graphics, or logos from the Website/App without the prior written consent of Kalolina.
5. User Conduct
When accessing or using the Website/App, you agree to comply with all applicable laws, rules, and regulations. You further agree not to:
a) Access or use the Website/App in any unlawful, fraudulent, or unauthorized manner;
b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
c) Interfere with or disrupt the operation of the Website/App or servers or networks connected to the Website/App;
d) Engage in any form of automated data collection, including but not limited to scraping, data mining, or data extraction;
e) Transmit or upload any viruses, worms, or other malicious code that may harm the Website/App, its users, or the systems of Kalolina; or
f) Engage in any conduct that could disable, overburden, or impair the Website/App or interfere with any other party’s use of the Website/App.
6. Third-Party Links
The Website/App may contain links to third-party websites or resources. These links are provided solely for your convenience and do not imply any endorsement or affiliation by Kalolina. Kalolina is not responsible for the availability, content, or accuracy of these third-party websites or resources. You acknowledge and agree that Kalolina shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.
7. Disclaimer of Warranties
The Website/App and the Materials are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Kalolina does not warrant that the Website/App or the Materials will be uninterrupted, error-free, or free from viruses or other harmful components. To the fullest extent permitted by applicable law, Kalolina disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Kalolina or its directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of or inability to use the Website/App or the Materials, whether based on contract, tort, negligence, strict liability, or otherwise, even if Kalolina has been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify and hold harmless Kalolina and its directors, officers, employees, and agents from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in connection with your use of the Website/App, your violation of these Terms, or your violation of any rights of any third party.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of [state], United States, without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms or your use of the Website/App shall be exclusively resolved in the state or federal courts located in [city], [state], United States.
11. Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
12. Entire Agreement
These Terms constitute the entire agreement between you and Kalolina regarding the use of the Website/App and supersede any prior or contemporaneous understandings or agreements, whether written or oral.
By using the Website/App, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you may not access or use the Website/App.