Agreement between user and Ohana Software, LLC
Welcome to Ohana Software, LLC. The Ohana application (the “App”) and www.tryOhana.com website (the “Site”) is comprised of various web pages operated by Ohana Software LLC (“Ohana”). www.tryOhana.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.tryOhana.com and any digital properties of Ohana including, but not limited to mobile applications, constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting the Ohana mobile app or www.tryOhana.com or sending emails to Ohana constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
COMMUNICATIONS WHICH YOU TRANSMIT VIA THE SITE ARE NOT CONFIDENTIAL. YOU ARE RESPONSIBLE FOR YOUR OWN COMMUNICATIONS AND THE CONSEQUENCES OF SUCH POSTINGS, SUBMISSIONS, OR TRANSMITTALS. DO NOT USE THE SITE TO TRANSMIT ANY INFORMATION THAT YOU WISH TO KEEP PRIVATE.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ohana is not responsible for third party access to your account that results from theft or misappropriation of your account. Ohana and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Ohana does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Ohana mobile app or www.tryOhana.com only with permission of a parent or guardian.
Please see our Cancellation/Refund Policy.
Links to third party sites/Third party services the Ohana mobile app or www.tryOhana.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Ohana and Ohana 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. Ohana is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ohana of the site or any association with its operators.
Certain services made available via the Ohana mobile app or www.TryOhana.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Ohana mobile app or www.tryOhana.com domain, you hereby acknowledge and consent that Ohana may share such information and data with any third party with whom Ohana has a contractual relationship to provide the requested product, service or functionality on behalf of the Ohana mobile app or www.tryOhana.com users and customers.
No unlawful or prohibited use/Intellectual Property
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 Ohana 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. Ohana 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 Ohana 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 Ohana or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Ohana account to third party accounts. By connecting your Ohana account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Ohana from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ohana Content accessed through the Ohana mobile app or www.tryOhana.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Ohana, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ohana 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 in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OHANA SOFTWARE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OHANA SOFTWARE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OHANA SOFTWARE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Ohana reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ohana as a result of this agreement or use of the Site. Ohana’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ohana’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ohana with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ohana with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ohana with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Ohana reserves the right, in its sole discretion, to change the Terms under which the Ohana mobile app or www.tryOhana.com is offered. The most current version of the Terms will supersede all previous versions. Ohana encourages you to periodically review the Terms to stay informed of our updates.
Ohana welcomes your questions or comments regarding the Terms:
Ohana Software LLC
150 W. Market Street
Indianapolis, Indiana 46204
Effective as of September 01, 2016
EFFECTIVE DATE: SEPTEMBER 2016
Ohana has implemented processes intended to protect user information and maintain security of data that we process. Each account holder is assigned a unique user name and password, which is required to access their account. It is your responsibility to protect the security of this login information.
We collect email addresses from those who contact us via email, and ask for information such as your email address and name when you sign up for an account with Ohana. The information we collect is not distributed or sold to a 3rd party. It will only be used to communicate with you about your Ohana account, and where needed as part of certain Ohana features. You may update, change or delete your account information at any time by accessing your information on your account or contact us at www.tryOhana.com.
We will retain your information and personal information we process on behalf of our clients for as long as your account is active or as needed to provide services to our client. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.