Read This Conditions of Use Agreement Before Accessing Website.
Effective Date: This Conditions of Use Agreement was last updated on 2/1/2013.
This Conditions of Use Agreement sets forth the standards of use of the MaunakeaWellness.com Online Service, owned and operated by Maunakea Acupuncture and Wellness, LLC. By using the MaunakeaWellness.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the Bethesdawellness.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Maunakea Acupuncture and Wellness, LLC, through MaunakeaWellness.com, is providing Member with ability to purchase products or to access services or information from our Website. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such a connection.
2. Disclaimer of Warranties
The site is provided by Maunakea Acupuncture and Wellness, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Maunakea Acupuncture and Wellness, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of our website, MaunakeaWellness.com, in terms of its correctness, accuracy, reliability, or otherwise. Maunakea Acupuncture and Wellness, LLC shall have no liability for any interruptions in the use of this Website. Maunakea Acupuncture and Wellness, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
MAUNAKEA ACUPUNCTURE AND WELLNESS, LLC, WHICH INCLUDES MAUNAKEAWELLNESS.COM, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MAUNAKEA ACUPUNCTURE AND WELLNESS, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE, MAUNAKEAWELLNESS.COM, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MAUNAKEA ACUPUNCTURE AND WELLNESS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Member agrees to indemnify and hold Maunakea Acupuncture and Wellness, LLC which includes MaunakeaWellness.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Maunakea Acupuncture and Wellness, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Maunakea Acupuncture and Wellness, LLC shall not be liable to Member or any third party should Maunakea Acupuncture and Wellness, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Maunakea Acupuncture and Wellness, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the conditions of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Maunakea Acupuncture and Wellness, LLC makes every effort to ensure that the information on our website, MaunakeaWellness.com, is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Maunakea Acupuncture and Wellness, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts in Maryland
Our website, MaunakeaWellness.com, is operated and provided in the State of Hawaii. As such, we are subject to the laws of the State of Hawaii, and such laws will govern this Conditions of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Hawaii.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site including site design, logos, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 MaunakeaWellness.com, with all rights reserved, or is the property of Maunakea Acupuncture and Wellness, LLC and/or third parties protected by U.S. and international copyright laws for intellectual property.
The content on MaunakeaWellness.com is only for the purpose of gathering information on our services or in general, shopping or placing an order and for no other purpose. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Maunakea Acupuncture and Wellness, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Maunakea Acupuncture and Wellness, LLC.
Maunakea Acupuncture and Wellness™, and MaunakeaWellness.com are proprietary marks of Maunakea Acupuncture and Wellness, LLC. Maunakea Acupuncture and Wellness, LLC's trademarks may not be used in connection with any product or service that is not provided by Maunakea Acupuncture and Wellness, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Maunakea Acupuncture and Wellness, LLC and/or MaunakeaWellness.com.
All rights not expressly granted herein are reserved.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Maunakea Acupuncture and Wellness, LLC and its site MaunakeaWellness.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Maunakea Acupuncture and Wellness, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Maunakea Acupuncture and Wellness, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Order Policy
Receipt of electronic or other form of order confirmation by Member does not signify our acceptance of Member order, nor does it constitute confirmation of our offer to sell. Maunakea Acupuncture and Wellness, LLC reserves the right at any time after receipt of Member order to accept or decline Member order for any reason. Without prior notice to Member, Maunakea Acupuncture and Wellness, LLC reserves the right at any time after receipt of Member order to supply less than the quantity ordered of any item. We may require additional verification or information before accepting any order. After order acceptance, available items will be dispatched for receipt within chosen delivery time. However, most orders are subject to fraud verification which may extend intended delivery time. In the case of unavailable or out-of-stock items, Members will be notified before charges are fully authorized. Members are encouraged to read and learn more about our order policy, including shipping, payment, return, and refund policies published and maintained under the ‘Help Center’ section on our website. By accessing and using MaunakeaWellness.com, Member agrees to the terms and conditions of these policies.
These policies are subject to change without prior notice.
14. Other Terms