Platform Terms of Service

1. Account Registration.

You may be required to create a MahaloHub user account (your “Account”) in order to access and use certain features of the Website. To do so, you must provide an email address and a valid payment method. You may log into your Account to use the Website using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to MahaloHub about yourself upon registration of your Account, and at all other times, will be correct, current, and complete, and you further agree that you will maintain and promptly update such information to ensure that it remains correct, current, and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. MahaloHub reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify MahaloHub immediately at [email protected]. MahaloHub is not liable for any loss or damage arising from your failure to comply with the above requirements.

Eligibility. Access and use of the Platform is intended for use by users who are at least 13 years of age and able to form legally binding contracts. MAHALOHUB STRICTLY COMPLIES WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION RULE (FOR MORE INFORMATION VISIT HTTPS://WWW.ECFR.GOV/CURRENT/TITLE-16/CHAPTER-I/SUBCHAPTER-C/PART-312). WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13.

You represent and warrant that you are not: (a) inviting to record, recording, or otherwise involving children under the age of 13 in the use of the Platform unless you have explicit written consent from each child’s parents; (b) a citizen or resident of (or located in) any jurisdiction where use of the Platform is prohibited by law; (c) a citizen or resident of (or located in) any country that is currently subject to sanctions or embargoes by the United States or any other country; (d) an individual who is, or who is employed by or associated with a Business Entity that is, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or is otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation.

 

2. Platform

a. Via the Website, MahaloHub offers a web-based application that allows customers of the Platform (“Brands”) to request from third parties who receive a request from a Brand (“Reviewers”) to submit testimonial and marketing content (“Reviewer Content”), create marketing content using Reviewer Content (“Testimonial Content”), host and stream the Testimonial Content, and embed Testimonial Content into Brand’s websites. Subject to these Terms, MahaloHub grants you a personal, limited, revocable, non-exclusive, non-transferable right to use the Platform solely for your personal, non-commercial purposes.

b. In addition to the foregoing and subject to these Terms, MahaloHub shall provide Brand with a unique page within the Website that will host Testimonial Content (a “Microsite”) during the term of the Subscription (defined below).The Microsite shall be branded with Brand’s logos and marks and Brand may link to the Microsite on Brand’s websites and social media accounts. Brand acknowledges and agrees that it will be responsible for providing all terms of use and privacy notices on the Microsite, and MahaloHub disclaims all liability with regards to content hosted on the Microsite. MahaloHub reserves the right to remove any Testimonial Content from the Microsite, and to cease hosting of the microsite upon any violation of these Terms by Brand. MahaloHub will not be required to include in the Microsite any SSL encryption, reporting, or tracking.

 

3. Limitations

You expressly agree that you are solely responsible for any and all acts and omissions that occur through your use of the Platform, and you agree not to engage in any unacceptable uses of the Platform. In connection with your access to or use of the Platform, you shall not: (a) share your Account information with another person or otherwise permit another person to access the Platform through your Account; (b) impersonate any person or entity, including, or falsely state or otherwise misrepresent your affiliation with any person or entity; (c) act in a manner that negatively affects the ability of other users to access or use the Platform; (d) take any action that imposes an unreasonable or disproportionately heavy load on the Platform or its infrastructure; (e) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; (f) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Platform or substantially download, reproduce or archive any portion of the Platform; (g) access the Platform in order to build a similar or competitive service; (h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Platform, including, but not limited to, your Account and password; (i) violate any applicable local, state, provincial, federal or international law or regulation; or (j) directly or acting through a third party under its control, reverse engineer, decompile, disassemble or otherwise attempt to derive source code of the Website or Platform. You further agree to cease contact of any Reviewer upon the Reviewer’s request (including by Reviewer “unsubscribing” to any email requests for Reviewer Content).

 

4. Brand Materials.

a. During your use of the Platform, you may provide MahaloHub with (i) Brand information, including, but not limited to, Brand corporate names, trademarks, logos, and service marks (“Brand Marks”), and other audio, video recordings, or images; (ii) Reviewer contact information; and (iii) any other information you decide to submit to MahaloHub or upload to the Website (collectively, (i), (ii), and (iii) are the “Brand Materials”).

b. You may not provide any Brand Materials to MahaloHub that are illegal, harmful, or hazardous, or that infringe or violate any third party’s rights, including any copyright, patent, trademark, or other proprietary or contractual right. MahaloHub reserves the right to remove or exclude Brand Materials that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, or otherwise harmful. You represent and warrant that all Brand Materials uploaded by you are either created and owned by you, or you have the necessary licenses, rights, and permissions to use the Brand Materials as you intend to use them and as contemplated by the Platform, and to grant MahaloHub the rights described herein. Without limiting the foregoing, you represent and warrant that you have obtained all necessary consents, and made all necessary disclaimers, to provide to MahaloHub all Reviewer contact information. Unless required by law or the terms of this Agreement, MahaloHub shall delete any and all Brand Materials thirty (30) days after the termination or cancelation of your Subscription.

 

5. Ownership and License.

a. Platform and Testimonial Content Ownership. Except for the limited license granted in these Terms, all intellectual property rights, including without limitation copyrights, patents, trademarks, services marks, and trade secrets in the Platform (including all content and functionalities contained therein), Testimonial Content, and all other services provided by MahaloHub are owned by MahaloHub and its licensors. Copying, distributing, modifying, or creating derivative works of the Platform, any of its Content, or the Testimonial Content without MahaloHub’s written consent is strictly prohibited. Other than with respect to your Brand Materials, Mahalohub retains full and complete title to all content on the Platform.

 

b. License to Testimonial Content.

i. Non-Pro Subscribers. Subject to your compliance with these Terms and upon payment of all applicable fees, MahaloHub grants to you a non-exclusive, worldwide, transferable, and sublicensable license to reproduce, distribute, publicly display, publicly perform the Testimonial Content during the term of your Subscription. To download and continue to use the Testimonial Content outside of your Subscription, you will need to upgrade to the MahaloHub Pro subscription (please see below).

ii. Pro Tier Subscribers. Subject to your compliance with these Terms and upon payment of all applicable fees, MahaloHub grants to you a non-exclusive, perpetual, worldwide, transferable, and sublicensable license to reproduce, distribute, publicly display, publicly perform the Testimonial Content. In order to continue use of the Testimonial Content beyond your Subscription Term, you must download all such content before your Subscription expires. MahaloHub is under no obligation to host, stream, or store the Testimonial Content after the expiration of your Subscription or termination of your use of the Platform. You must download the Testimonial Content before the Subscription period expires or is terminated if you wish to use such material outside the term of your Subscription.

c. Limited Brand Materials License. As between you and MahaloHub, you retain ownership of your Brand Materials. You hereby grant MahaloHub, a non-exclusive, fully transferable, sublicensable, worldwide, fully-paid right and license to use, reproduce, modify, create derivative works from, distribute, perform, transmit, and display your Brand Materials, as necessary to provide the Platform to you and as necessary to use the Testimonial Content.

d. Limited MahaloHub Proprietary Content License. MahaloHub has developed proprietary video, audio, and image content, and licenses certain audio and image content from third parties, including musical recordings, photos, and/or video clips (referred to as “MahaloHub Proprietary Content”). MahaloHub makes this MahaloHub Proprietary Content available to its Brands for use in making Testimonial Content. Ownership of all intellectual property rights in MahaloHub Proprietary Content remains with MahaloHub and/or any third-party licensor, and your right to use such MahaloHub Proprietary Content is subject to these Terms. You may only use and modify MahaloHub Proprietary Content in connection with making a Testimonial Content via the Platform, and may only copy, distribute, or display the MahaloHub Proprietary Content as incorporated within the Testimonial Content.

e. Usage Data. “Usage Data” means any content, data, or information that is collected or produced by the Platform in connection with Brand’s use of the same that does not Brand, and may include, but is not limited to, usage patterns, traffic logs, and user conduct associated with the Platform. MahaloHub retains ownership of all right, title, and interest in and to the Usage Data. MahaloHub may use Usage Data for any other lawful business purpose, including, but not limited to, benchmarking, data analysis, and to improve MahaloHub’s services, systems, and algorithms.

 

6. Use of Testimonial Content. MahaloHub does not endorse the contents of any Reviewer Content and does not pre-screen or monitor Reviewer Content. However, MahaloHub retains the right, at its sole discretion, to remove any content of any kind that does not comply with these Terms. You agree to immediately cease use all materials containing Reviewer Materials (including Testimonial Content) if so requested by the subject Reviewer, either as communicated directly to you by the Reviewer or if MahaloHub informs you it has received such request from such Reviewer. Further, you agree to cease use of the Testimonial Content upon request by MahaloHub if MahaloHub determines, in its sole discretion, that the Testimonial Content, or use thereof, violates these Terms. MahaloHub shall not be responsible for any inability to use Reviewer Content and/or Testimonial Content that MahaloHub removes pursuant to these Terms. If you use the Testimonial Content or Reviewer Content in violation of these Terms, including in excess of what your Subscription permits, you may be subject to additional fees based on your use.

 

7. Payment of Fees.

a. If you select one of our paid subscription plans, you agree to pay all per-use fees or fees associated with your subscription (“Fees”). Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify MahaloHub of any changes to such information. MahaloHub may provide you with the ability to pay the Fees through a third-party service. All subscriptions paid through these third parties are subject to the third party’s Terms of Service, and we will not be responsible for anything contained therein. Except in case you terminate these Terms and/or your Subscription due to MahaloHub’s breach of these Terms, all fees are non-refundable. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Platform.

b. Access to the Platform is on a subscription basis (“Subscription”). You will be billed in advance on a recurring, annual basis (each period is called a “Billing Cycle”). To the extent permitted by law, your Subscription will automatically renew at the end of each annual Billing Cycle unless you cancel auto-renewal through your online account management page, or by contacting our Customer Success team. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that annual subscription cycle before terminating.

 

By signing up for a subscription, you acknowledge that your purchase of the subscription:

• Is subject to automatic renewal;
• Will continue until you cancel the subscription; and
• Is subject to automatic charges on your method of payment.

You may cancel your subscription at any time by going to the “Settings” page, selecting the “Subscription” tab, and selecting “Change or Cancel.” Alternatively, you may email [email protected] to cancel your subscription.

 

c. MahaloHub may change the Fees charged for the Platform at any time, provided that, for Subscriptions billed on a subscription basis, the change will become effective only at the end of the then-current Billing Cycle. MahaloHub will provide you with advance notice of any change in Fees.

d. Each Subscription level has certain limitations as to, among other things, number of Account users and hours of Testimonial Content that MahaloHub will store for Brand. If you near the limitations set forth by your Subscription, MahaloHub will contact you to notify you of the same, at which time, you may elect to upgrade your Subscription.

 

8. Suspension and Termination. These Terms are effective upon your first use of the Platform and shall continue until you cease use of the Platform. MahaloHub reserves the right to suspend or terminate your Account and your access to and use of the Platform, at any time, without notice, if MahaloHub has reason to believe you have violated these Terms. MahaloHub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that MahaloHub shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.

 

9. Third parties; Advertisers.

a. Third Party Sites. The Platform may contain links to other websites operated by third parties (“Third Party Sites”). Such Third Party Sites are not under our control. MahaloHub provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites. Your use of these Third Party Sites may be subject to separate terms and conditions and is at your own risk.

b. Advertisers and Marketers. Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Platform, including payment for or delivery of such goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that MahaloHub shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.

 

10. Linking of Testimonial Content. Subject to these Terms, MahaloHub will provide Brand with an integration code (“Integration Code”) to permit Brand to embed the Testimonial Videos on Brand’s websites and social media pages. By using an Integration Code, you release MahaloHub from, and waive all claims to, all potential damages, including but not limited to, interruption in service to key business systems, data loss or corruption, and/or inadvertent video distribution using the Integration Code. By linking or embedding any Testimonial Content on your webpages, you agree as follows:

a. screenshots of the Website, quotes taken from our text, video, or audio content, and any references to our brand, domain, or web pages must include a search-engine-followable HTML link;

b. the link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of MahaloHub or any other third party;

c. the link and surrounding materials must not deliver the Website content in a framed environment, or alter the layout, content, look, or feel of the Website;

d. the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and MahaloHub;

e. the link and surrounding materials must not portray MahaloHub, Testimonial Content or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner; and

f. Integration Codes provided by MahaloHub to link the Testimonial Content must be used solely to embed Testimonial Content and you may not attempt to dissemble, modify, or otherwise tamper with them.

 

11. Disclaimer of Warranty.

a. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. MAHALOHUB EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY MAHALOHUB, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.

b. MAHALOHUB MAKES NO WARRANTY THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE PLATFORM WILL BE AVAILABLE, OR THAT DATA WILL BE SECURE FROM UNAUTHORIZED ACCESS

 

12. Indemnification

Unless prohibited by state or federal laws to which you are subject, you will indemnify, defend (at MahaloHub’s option), and hold MahaloHub, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of the Platform; (b) any Brand Materials, (c) your violation of these Terms; or (d) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right. MahaloHub reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MahaloHub and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without MahaloHub’s prior written consent. MahaloHub will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

13. Limitation of Liability.

a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MAHALOHUB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF MAHALOHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE PLATFORM, FROM ANY CHANGES TO THE PLATFORM OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR BRAND MATERIALS. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF ANY BRAND MATERIALS.

b. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR WITH ANY OF THESE TERMS, OR FEEL MAHALOHUB HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM. THE TOTAL LIABILITY OF MAHALOHUB TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PLATFORM DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IT IS THE INTENTION OF YOU AND MAHALOHUB THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

c. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND IN PARTICULAR WITHIN THIS “LIMITATION OF LIABILITY” CLAUSE SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

14. Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of the Platform (including Reviewers), or any Third Party Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

15. General

a. Modification. MahaloHub may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Platform after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Platform after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Platform.

b. Governing Law. These Terms shall be governed by the laws of the State of Illinois without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.

c. Dispute Resolution. If you believe that MahaloHub has not adhered to these Terms, please contact us by e-mail [email protected]. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

i. If you and MahaloHub are unable to reach a resolution to the dispute, you and MahaloHub will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Chicago, Illinois office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND MAHALOHUB AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN MAHALOHUB AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MAHALOHUB ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

ii. Further, unless both you and MahaloHub otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.

iii. Notwithstanding the foregoing, MahaloHub may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

iv. If you are subject to any state or federal law requiring that the laws of a different jurisdiction apply or that prohibit dispute resolution in the manner required in this Section, then this Section shall be deemed revised to conform with such laws.

d. Compliance with Laws. You acknowledge that the Platform is not specifically designed to facilitate compliance with any specific law, rule, or regulation. Your use of the Platform in compliance with any specific law, rule, or regulation applicable to you is your sole responsibility.  MahaloHub is not responsible for enabling your compliance with any such law, rule, or regulation or for your failure to comply.  You represent and warrant to MahaloHub that your use of and access to the Platform will comply with all applicable laws, rules, and regulations and will not cause MahaloHub or any of its affiliates, licensors, or vendors to violate any applicable laws, rules, and regulations.

e. International Use. MahaloHub controls and operates the Platform from the state of California. MahaloHub does not represent that the Platform or any materials on the Platform are appropriate or available for use in other locations outside of the United States. Persons who choose to access the Platform from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission or transfer of any data or technical information in connection with your access to or use of the Platform.

f. Survivability. Sections 6, 7, 8, 9, 12, 13, 14, 15, and 16 will survive any expiration or termination of these Terms.

g. Contact. MahaloHub is located in Glenview, IL. Any questions, comments, or suggestions, including any report of violation of these Terms should be provided MahaloHub as follows:

By Email: [email protected]

By Postal Mail: 2516 Waukegan Road, Ste 218, Glenview, IL 60025-1774

 

h. Entire Agreement. These Terms constitute the entire agreement between you and MahaloHub with respect to the Platform, superseding any prior agreements between you and MahaloHub. The failure of MahaloHub to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and MahaloHub nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.