The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Support: AlohaABATM will use its best efforts to provide customer support for the service as per AlohaABA’s Terms of Service.
Access by Employees and Contractors: Customer may allow its employees and contractors to access the Service in compliance with the terms of this Service Agreement and the applicable Order, which access must be for the sole benefit of Customer. Customer is responsible for the compliance with this Service Agreement by its employees and contractors.
Customer Information: All data, information, images and files entered or uploaded by Customer to the Service remains the sole property of Customer, as between AlohaABATM and Customer (Customer Information), subject to the other terms of this Terms of Service Agreement. Customer grants AlohaABATM a non-exclusive, royalty-free license to modify, store, transmit and otherwise use the Customer Information for purposes of AlohaABATM performing under this Terms of Service Agreement. Notwithstanding the foregoing, Customer expressly agrees that if Customer’s access to the Services is suspended for non-payment of fees in accordance with Section 3(d), AlohaABATM will have no obligation to provide Customer Information to Customer until Customer remedies such non-payment as provided in this Agreement.
Accuracy of Information Provided by Customer: Customer represents and warrants to AlohaABATM that all Customer Information, Content (as that term is defined below) and other material provided under Customer’s account, by Customer or on its behalf, is true, correct and accurate. If Customer learns that any Customer Information or Content provided to AlohaABATM as part of the Service is not true, correct or accurate, Customer must immediately notify AlohaABATM by phone and in writing of this fact, and shall provide the true, correct and accurate information to AlohaABATM. AlohaABATM relies on Customer representations regarding the truth, accuracy and compliance with laws of Customer Information and Content. AS A MATERIAL INDUCEMENT TO ALOHAABATM ENTERING INTO THIS SERVICE AGREEMENT, CUSTOMER SPECIFICALLY AGREES THAT ALOHAABATM IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED BY CUSTOMER’S FAILURE TO COMPLY WITH THIS PARAGRAPH, IRRESPECTIVE OF ANY ACT OR OMISSION ON THE PART OF ALOHAABATM.
Aggregation Services and De-identified Data: AlohaABATM may use protected health information to provide Customer with data aggregation services (as that term is defined by HIPAA) and to create de-identified data in accordance with 45 CFR 164.514(a)-(c) retaining any and all ownership claims related to the de-identified data it creates from protected health information. AlohaABATM may use, during and after the termination of this Service Agreement, all aggregate anonymized information and de-identified data for purposes of enhancing the Service, technical support and other AlohaABATM business purposes, all in compliance with the HIPAA Privacy Standards, including without limitation the limited data set and de-identification of information regulations.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Customer must pay all fees as specified on the Order and related services as incurred and updated time to time as per the promotions. Unless otherwise stated in the Order, invoiced charges are due upon receipt. Customer is responsible for providing complete and accurate billing and contact information to AlohaABATM and notifying AlohaABATM of any changes to such information.
Customer must pay all fees in (US currency) with Visa, MasterCard, Discover and American Express cards or PayPal or via ACH upon receipt of an invoice from AlohaABATM. If the credit card or ACH is not valid or the payment is not otherwise made, Customer must pay the amount owed upon receipt of an invoice. Customer hereby authorizes AlohaABATM to charge such credit card or withdraw from Customer’s bank account via ACH for all purchased Services and related services, and any renewals.
AlohaABA’s fees– do not include any taxes, levies or other similar governmental assessments (Taxes). Customer shall be responsible for the payment of all Taxes associated with its purchases under this Terms of Service Agreement. AlohaABATM is solely responsible for taxes assessable against AlohaABATM based on its income, property and employees.
AlohaABATM may suspend or terminate the Service, or both, if Customer has not paid amounts owed to AlohaABATM when due. In advance of any suspension, AlohaABATM will make commercially reasonable efforts to send a minimum five (5) -day email notice of payment default to Customer at the email address provided by Customer prior to suspension. Customer is solely responsible for updating its contact information with AlohaABATM and notifying AlohaABATM of any changes to such information.
All fees may be changed with thirty (30) days’ advance email notice (or other acceptable forms of written communication) to Customer at the email address provided by Customer. Customer is solely responsible for updating its contact information with AlohaABATM and notifying AlohaABATM of any changes to such information.
Since postage rate increases are publicly announced by the United States Postal Service, Customer expressly agrees that AlohaABATM will automatically apply the postage rate increase to all services impacted by the change without advance notice.
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
We offer a two months free trial to new subscribers who register with the Site. At the end of the free trial period, pricing will resume on a month to month subscription basis.
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at email@example.com or call us at (602) 451-9413.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including without limitation any privacy rights).
Interfere with or disrupt the integrity or performance of the Service.
Use the Service in violation of any law, including without limitation, Health Insurance Portability and Accountability Act (“HIPAA”), Telephone Consumer Protection Act and any spam laws (for example, CAN-SPAM).
Encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with AlohaABATM Software, whether in whole or in part or create any derivative works from or of the AlohaABATM Software.
Access the Service to build a competitive product or service, or copy any feature, function or graphic of the Service for competitive purposes.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles County, CA. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
In order to keep the AlohaABATM Software up-to-date, AlohaABATM may offer automatic or manual updates at any time and without notice to Customer. Customer agrees any updates are for Customer’s benefit in use of the Service and any delays in Service while updates are completed are an agreed upon consequence of obtaining the software update benefits.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALOHAABA’S TOTAL LIABILITY FOR ALL DAMAGES ARISING UNDER OR RELATED TO THIS AGREEMENT (IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY CUSTOMER WITHIN THE TWO MONTH PERIOD PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM.
Termination for Material Breach Either Party may terminate this Agreement and the applicable Order if the other Party material breaches any term of the Agreement and does not cure the breach within thirty (30) days of written receipt of notice of breach. Nothing herein alter AlohaABA’s right to suspend Customer’s Service pursuant to paragraph 3 of this Service Agreement for non-payment.
Return of Data AlohaABATM will have no obligation to provide Customer Information or Content to Customer upon termination of this Service Agreement. Notwithstanding the foregoing, AlohaABATM may retain Customer Information and Content for sixty (60 days from such termination and AlohaABATM may provide Customer access to such information upon Customer’s request.
Customer Actions upon Termination Upon termination, Customer must pay any unpaid fees and destroy all AlohaABATM property in Customer’s possession. Customer, upon AlohaABA’s request, will confirm in writing within ten (10) days of said request that it has complied with this requirement.
Suspension or Termination of service for Violation of Law or the Agreement. AlohaABATM may immediately suspend or terminate the Service without notice to Customer and remove applicable Customer Information or Content if AlohaABATM in good faith believes that, as part of using the Service, Customer may have violated a law or any term of this Service Agreement. AlohaABATM may try to contact Customer in advance, but it is not required to do so.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Entire Agreement and Changes: This Service Agreement and the Order constitute the entire agreement between the Parties, and supersedes all prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. A Customer is not relying on any representation concerning this subject matter, oral or written, not included in this Service Agreement. No representation, promise or inducement not included in this Service Agreement is binding. No modification or waiver of any term of this Service Agreement is effective unless in writing and signed by both Parties.
Beta Features: If Customer is invited to access any beta features of the Service or a Customer accesses any beta features of the Service, Customer acknowledges that: (a) such features have not been made commercially available by AlohaABATM; (b) such features may not operate properly, be in final form or fully functional; (c) such features may contain errors, design flaws or other problems; (d) it may not be possible to make such features fully functional; (e) use of such features may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss; (f) such features may change and may not become generally available; and (g) AlohaABATM is not obligated in any way to continue to provide or maintain such features for any purpose in providing the ongoing Service. These beta features are provided AS IS, with all faults. Customer assumes all risk arising from the use of such features, including, without limitation, the risk of damage to Customer’s computer system or the corruption or loss of data.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Aloha Practice Management, LLC