LEGAL NOTICE

Welcome to the website of Male'ana Gardens (“Male'ana”, "us" or "we"). Your use of this website (the "Site") is subject to the following Terms of Use which apply to all information and services provided by the Site.

We may amend these Terms of Use at any time by posting the amended terms on the Site. The amended terms shall be effective automatically upon being posted on the Site. Your continued use of any of the Site will be deemed your agreement to the amended terms and conditions.

1.0 LICENSE TO USE THE SITE

Upon acceptance by you of these Terms of Use, as they may exist from time to time, you shall be granted a non-exclusive, non-transferable and a limited right to access, use and display the Site and the materials thereon provided you continue to comply with our Terms of Use. You also agree to the privacy conditions and policies of the Site (the "Privacy Policy"), which are part of these Terms of Use. In the event that you do not agree to be bound by the Terms of Use, you may not access or otherwise use the Site. In addition to any other rights, Maleana may in its sole and absolute discretion and without further notice to you, terminate the right of any user to use in any fashion or participate in any way on the Site.

2.0 NON-INTERFERENCE

You agree that you will not in any way interfere with the operation of the Site, so as to cause actual or perceived damage to us. You agree therefore not to interfere by way of spamming, hacking, up-loading any viruses or time-bombs or in any other fashion interfere with any transaction made through the Site, the operation of the Site by us or the availability of the Site to any individual who wishes to access any part of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In the event of any such interference or perceived interference, as we may determine in our sole discretion, we shall have the right to terminate your right to use the Site and to use all legal actions available to us against you. Maleana reserves the right to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Maleana or its third-party partners, sponsors or service providers, licensors or any other user of the Site.

3.0 ELIGIBILITY

To use the Site you must be legally able to make binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulation, treaty or convention. If you do not qualify, please do not use the Site.

4.0 LICENSE TO USE THE IMAGES

All images contained in this Site (each an "Image" and collectively the "Images") are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Images, in whole or in part, other than as set forth in a written license agreement between you and Male'ana ("License"). You may save and download images, provided that such images are only used for non-commercial, layout positioning, presentation and client approval prior to your purchase of a License and provided that you maintain any notices contained in the Image, such as all copyright notices, trademark legends, or other proprietary rights notices.

5.0 COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP

You acknowledge that the Site contains information, Images, data, software, videos, typefaces, graphics, music, sounds, and other material (collectively "Content"), that is either owned, controlled or licensed by Male'ana and that all Content on the Site is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted by Male'ana or its affiliates as a collective work under the U.S. copyright laws, and Male'ana or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as explicitly provided in a License you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as explicitly provided in this Terms of Use, or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining a License.

6.0 PRIVACY

Male'ana does not sell or rent our audience’s names, addresses, email addresses or other personal information. In order to maintain our website and enhance our communications, Male'ana contracts with selected third parties. As necessary, your personal information may be shared with these third parties, solely for the purposes of assisting Male'ana in these endeavors and subject to strict contractual confidentiality obligations. We will not otherwise disclose your information to third parties, unless required by law or in connection with a legal claim or processing.

We recognize and respect the importance of maintaining the privacy of our users and have established the Privacy Policy as a result. In our Privacy Policy we describe why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy.

7.0 USER REPRESENTATIONS

You warrant and represent to us, which representation we rely upon, that you will not up-load, post or transmit to a distributor or otherwise permit or publish through the Site any information and materials which may inhibit the utilization and use of the Site, which may be unlawful, abusive, libelous, defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws or which would constitute a criminal offense or give rise to civil liability, to use or violate any intellectual property rights of other parties, violate personal or privacy rights of third parties or provide us with any false or misleading information about you.

8.0 INDEMNIFICATION

You, your heirs, successors and assigns hereby agree to indemnify and save us harmless from and against any claims, actions and liabilities incurred, including all legal costs and expenses of any kind, in connection with any claim arising out of or based upon or occurring from your use of the Site or arising from your alleged breach of any of your agreements, covenants, warranties, representations and obligations under the Terms of Use. Your indemnification obligations shall extend to Male'ana and its directors, officers, owners, affiliates, employees, agents and sub-agents. In the event of that any such claim or action is asserted against us, or our officers, directors, owners, affiliates, employees, agents and sub-agents, we shall have the right at our own expense to assume the exclusive defense and control of any such claim or action against us and no settlement shall be made by you without our prior written consent to be exercised on a reasonable basis.

9.0 LINKS TO OTHER WEB SITES

The Site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Male'ana is not responsible for the availability of, and content provided on, third party websites. We are not responsible for the content or privacy practices or lack thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any such other site. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Male'ana is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Male'ana is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Maleana is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

10.0 DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS IMAGES AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", BASIS. MUSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MUSE MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, IMAGES, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS (ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK); (E) THE CAPTION ON ANY IMAGE WILL BE ACCURATE; OR (F) THE NECESSARY MODEL RELEASES OR OTHER RELEASES HAVE BEEN OBTAINED IN CONNECTION WITH THE USE OF THE SITE OR ANY IMAGE OFFERED THROUGH THE SITE. MUSE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU. MUSE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

11.0 LIMITATION OF LIABILITY

WE PROVIDE THE SITE AND OUR SERVICES ON AN "AS IS" and "AS AVAILABLE" BASIS. To the full extent permissible under the applicable law, neither we nor our directors, officers, owners, employees, agents, sub-agents, subsidiaries, affiliates or service provider shall be liable for damages of any kind (whether for negligence, tort or breach of contract), including and without limitation any indirect, special, incidental, punitive and consequential damages, including without limitation lost profits, revenues or data arising out of or in connection with the Site, the inability to use the Site or resulting from any goods or services purchased or obtained or the non-fulfillment of such purchases or for messages received or business transactions entered into through the Site. Your sole remedy shall be to discontinue using the Site.

12.0 PUBLIC AND PRIVATE COMMUNICATIONS

You acknowledge that transmissions to and from the Site are not confidential and you accept that we are not your fiduciary nor are we responsible for keeping any such information confidential or shall we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to Male'ana, its directors, officers, employees or its agents via the Site will be considered public and nonproprietary. Maleana will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.

13.0 USERS OUTSIDE THE UNITED STATES OF AMERICA

Access to the Site from outside of the United States of America is subject to local laws which are the responsibility of the website user. In any event, all website users agree to comply with all applicable laws relevant to website use in the location of such user and website use. Male'ana will not be responsible and makes no representations that objects for sale on any of the Sites and their associated intellectual property rights are available for use in locations outside of the United States of America.

14.0 APPLICABLE LAW

These Terms of Use and use of all of the Site shall be governed by the laws of the State of Hawaii without giving effect to its conflict of laws provisions. Both parties agree that any claim or cause of action shall be brought in the federal or state court, of the State of Hawaii and hereby consent to the jurisdiction of such courts.

15.0 VOID OR UNENFORCEABLE PROVISION

In the event that any provision of the Terms of Use shall be held to be void or unenforceable by reason of the applicable law, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity or enforceability of the balance of the provisions of the Terms of Use, which Terms of Use shall continue in full force and effect.

16.0 WAIVER

The waiver or failure to exercise any rights under these Terms of Use shall not prevent the future enforcement of the remainder of such right and shall not be deemed in waiver of any subsequent rights.

17.0 BINDING EFFECTIVE AGREEMENT

The Terms of Use is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign your rights and obligations hereunder to any other party without our prior written consent, which consent is subject to our sole discretion. We may assign our rights and obligations under these Terms of Use to any affiliate, successor or other company related to Male'ana upon notice thereof to you.

PRIVACY & SECURITY

You value your privacy. Male'ana Gardens values it, too. That's why we created a privacy policy that's simple and clear. You can be confident of the high priority Male'ana Gardens places on safeguarding your personal information.

1.0 INTRODUCTION

This privacy policy describes the types of personal information (“Personal Information”) Male'ana Gardens (“Male'ana”) may collect from you on this website and the way that we use such personal information. We at Male'ana are pleased that you have chosen to visit our website but for your protection, please review this policy prior to any further use of this web site. YOUR USE OF THIS WEBSITE IS SUBJECT TO OUR LEAGAL DISCLAIMERS AND PRIVACY POLICY SO PLEASE REVIEW THESE DOCUMENTS IN THEIR ENTIRETY AND DO NOT SUBMIT ANY PERSONAL INFORMATION OR USE ANY PORTION ON THIS WEBSITE REQUIRING THE SUBMISSION OF PERSONAL INFORMATION IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF THIS POLICY.

2.0 COMMUNICATION OF PERSONAL OR PRIVATE INFORMATION

This website facilitates you sending Personal Information or other information of your choosing to Male'ana (or individuals employed by Male'ana). Any information you send to us is done purely on a voluntary basis. You should not send sensitive or confidential information to us through this website (or through the email addresses listed on this website) as such information will not necessarily be considered privileged or confidential. Sending Male'ana your Personal Information or confidential information to Male'ana does not create a studio-client relationship. If you are currently a client of Male'ana, please check with the studio regarding the best means of communicating your confidential information to us.

USE OF PRIVATE INFORMATION AND SECURITY

Through this website, we may collect from you certain Personal Information such as by example only, your email address and phone number. Currently, you are not required to submit any Personal Information to Male'ana in order to view much of the contents on this website but we do need to collect certain Personal Information from you in order to send you additional information about our products and services.

Any Personal Information you submit to us is used in order to respond to your information requests or to register you for certain future services. We may keep your Personal Information in our records so that we may send you other information or materials that we think you may also want to receive. If at any time you would like us to remove your Personal Information from our records, please contact us at info@maleanagardens.com

Male'ana does not share your information with outside parties without your consent. There are two exceptions to this rule. (1) When we must enforce user agreements or property rights. (2) When we are required by law or legal process. Maleana retains the right to transfer our customer database if Male'ana is sold to or merged with another company. However, this privacy policy will continue to be binding unless you are notified.

Please contact us if you would like to change your personal information or if you have any questions about Male'ana.

Waiver of Liability

Use of Company’s Premises and equipment is at Renter’s risk. Renter hereby agrees that Company will not be held liable for any direct, indirect, incidental or consequential damage, injury or loss to Renter, his party or possessions while on the Premises. All persons and activity on Company's Premises may be video recorded for security usage.

Renter holds harmless and indemnifies Company and its owners, agents, representatives, associates, officers, employees, guests and tenants against any suit, claim, loss, accident, judgment, fine, injury or damages, including reasonable attorney’s fees. This indemnification shall continue in full force and effect during and after the term of the rental for such causes arising during the term of the rental.