MAHA USA, LLC (“MAHA”, “we”, “us” or “our”) operates this website or application (as applicable, the “Platform”). These Terms help enable us to provide you with the services, information, other content and features available through our Platform, and shall govern your use of the Platform.
Scope of Access to Platform
You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the Platform. Further, you may not reproduce all or any portion of the Platform or its contents. This Platform and its contents are the intellectual property of, and are owned by, the Company. The Company reserves the right at any time to suspend or terminate use of this Platform or its functionality and tools by you or other users in the Company’s sole discretion.
As part of the Platform, MAHA provides certain materials, including but not limited to, manuals, videos, help documentation and other informational materials; content; logos; graphics; and images (together, the "Content"). The Content is made available to you by MAHA and is the copyrighted and/or trademarked work of MAHA or MAHA's contributors. MAHA grants you a limited, personal, non-exclusive and nontransferable license to use and to display and to make one copy of the Content and to use the Platform and the Content solely for your personal or internal business use.
Except for the limited use license above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content, the Platform in any manner. You shall not distribute the Content in any manner to any third party.
Term and Termination
Your rights to use the Platform continue until terminated by MAHA in our discretion. If you violate these Terms, MAHA may terminate and/or suspend your access to this Platform and/or the Platform without notice.
Registration and participation on the Platform is restricted to: individuals over 18 years of age. In addition, those who wish to register and participate must meet the minimum requirements laid out in these Terms.
You may be given access to certain password protected areas of the Platform. You are responsible for maintaining the confidentiality of your password, registration data and for any and all activity that occurs under your password. You agree to notify MAHA immediately of any unauthorized use of your password or any other breach of security relating to the Platform. You shall not, and shall not attempt to, access any data of another MAHA customer if you are not an authorized user under the applicable account.
Third Party Content
Certain information and other content appearing in advertisements or sponsorships on the Platform may be the material of third party licensors and suppliers to MAHA ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal use or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. MAHA DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
This Site may be linked to other sites that are not MAHA sites. MAHA is providing these links to you only as a convenience, and MAHA is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Unauthorized use of the Platform, the Content, or Third Party Content contained on this Platform may violate certain laws and regulations. You agree to indemnify and hold MAHA and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) MAHA or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party caused by or arising from your use of the Platform, the Content, or Third Party Content (or the use by any person using your user name and/or password) for any violation of any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. MAHA may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at MAHA's discretion, MAHA will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform, the Platform or on the Internet.
“MAHA” is a trademark of MAHA in the United States.
Other trademarks, names and logos on this Platform are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Platform, including documents, Platform, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of MAHA USA, LLC Copyright © 2021 MAHA USA, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties
Your use of this Platform and/or the Platform is at your own risk. Neither the Platform, the Content, or Third Party Content have been verified or authenticated in whole or in part by MAHA, and they may include inaccuracies or typographical or other errors. MAHA does not warrant the accuracy or timeliness of the Platform, the Content, or the Third Party Content contained on this Platform. MAHA has no liability for any errors or omissions in the Platform, the Content, or the Third Party Content, whether provided by MAHA or our licensors.
MAHA, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, ANY MATERIALS, THE CONTENT, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE CONTENT, AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, MATERIALS, THE CONTENT, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MAHA DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR DEVICE. MAHA DOES NOT GUARANTEE ANY UPTIME OR AVAILABILITY OF THE PLATFORM.
Limitation of Liability
MAHA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS, USER CONTENT, OR THIRD PARTY CONTENT TO OR FROM THIS PLATFORM. IN NO EVENT SHALL MAHA BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF MAHA KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE AND MAHA SHALL NOT BE LIABLE IN THE AGGREGATE FOR THE GREATER OF: (I) THE FEES PAID BY YOU TO MAHA IN THE PRIOR 12 MONTHS OR (II) FIFTY DOLLARS ($50.00).
Local Laws; Export Control
Third Party Content may not be appropriate or available for use outside of the United States of America. If you use this Platform or the Platform outside the United States of America, you are responsible for following applicable local laws and regulations, including any applicable export controls laws.
Dispute Resolution and Binding Arbitration Provision
Definitions. As used in this Arbitration Provision, "Claims" means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Platform. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
Informal Efforts to Resolve Dispute. If a dispute arises between you and MAHA, you should first attempt to resolve it by contacting firstname.lastname@example.org. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.
Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court's jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICES CENTER AT P. O. BOX 194, PINCKARD AL 36371, USA. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH US, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF THE PLATFORM TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the AAA's rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.
Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") in Montgomery, AL under its rules if you are a resident of the United States; if your use of the Platform has been principally for personal or household use, the AAA's Supplementary Procedures for Consumer-Related Disputes will also apply. If, however, you are a resident of a country other than the United States, the arbitration will be conducted by the AAA's International Centre for Dispute Resolution in New York, NY, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in New York, NY, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.
The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If you and we can't agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA's rules are available at www.adr.org.Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.
Time Restriction. YOU MUST FILE A COMPLAINT WITH THE AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for you.
The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
In conducting the arbitration proceeding, the arbitrator will apply the law of the State of Georgia (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g., the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.
Recovery and Attorneys' Fees. If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. If your use of the Platform was principally for personal or household use, MAHA waives any right it may have to seek an award of attorneys' fees and expenses from you in connection with any arbitration of Claims between us.
Confidentiality. you and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any Platform and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
These Terms may be changed, modified, supplemented or updated by MAHA from time to time. MAHA will post a change notice on the Platform and/or your account page and you will be bound by any changed, modified, supplemented or updated Terms if you choose to continue to use the Platform after such changes to the Terms are posted.
Alabama law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. MAHA's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and MAHA and supersede all prior or contemporaneous negotiations, discussions or agreements between you and MAHA about this Platform. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.