Terms of Service
Last updated on: October 8, 2021
Welcome to Ohanaly, operated by Force Anywhere, LLC (“we,” or “us,” or the “Company,” or “Ohanaly,” or “Force Anywhere”).
The following Terms of Service outline your obligations when using the Ohanaly websites and services.
1. Acceptance of Terms
The website available at https://www.ohanaly.com (the “Site”), all related sites (including https://www.forceanywhere.com) and mobile applications, and the content and services offered on and in connection with these sites and applications (collectively, the “Services”) are owned and operated by Ohanaly and can only be accessed and used by you under the Terms of Service described below (the “Terms of Service,” or the “Terms,” or the “Agreement”).
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS, REGISTERING FOR ACCESS AND/OR USING THE SERVICES.
2. Modifications of Terms of Service
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Site, with the date it was updated at the top of the document. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire use of the Services.
3. Eligibility and Use of the Site and Services
You must be at least 18 years of age to create an account on the Site and/or use the Services. By creating an account and/or using the Services, you represent and warrant that: (i) you can form a binding contract with Ohanaly; (ii) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction; and (iii) you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
Subject to full compliance with these Terms, Ohanaly grants authorized users a nonexclusive, nontransferable, revocable license to access and use the Site and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site or Services or any of their content for any purpose except for your personal use and as described in these Terms of Service, without our express written consent.
We may modify, update, suspend or discontinue the Site and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. We are not liable to any user or other third party for any such modification, update, suspension or discontinuance.
4. User Conduct
As a condition of your access and use of the Site and Services, you agree not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms of Service, or for any other purpose not reasonably intended by us. You specifically agree not to: (i) reproduce, duplicate, copy, modify, sell, re-sell or exploit any content or the Site and Services for any commercial, educational, or any other non-personal purpose, without our express written consent, which consent may be withheld by us in our sole discretion; (ii) post irrelevant content, repeatedly post the same or similar content or impose an unreasonably large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services; (iii) harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, or attempt to mislead others as to your identity; (iv) knowingly or intentionally provide or submit false or misleading information; (v) attempt to gain unauthorized access to the Site or Services, other user accounts, or other computer systems or networks connected to the Site and Services; (vi) interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, by sending viruses, overloading, flooding, spamming, or mail-bombing the Services, or using the Services in such a manner as to interfere with or create an undue burden on the Services; or (vii) use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute any content on the Site or to manipulate the Services.
A person who wants to become a user may be required to follow the registration process found on the Site. During registration, the user will be assigned their chosen login and password, which will then be used to access the Site. When registering on the Site, users are obligated to provide the necessary information for the formation of the user's personal page, including a login (email address) unique to each user and a password. The registration form of the Site may request additional information from the user. The user chooses their own password, but we strongly recommend using passwords that are at least six (6) characters long and include both lowercase and uppercase letters, as well as numbers.
The user is responsible for the accuracy, relevance, and completeness of all information submitted by the user, as well as compliance with the legislation of the United States, when registering on the Site. The user is solely responsible for keeping the password confidential from third parties. We do not bear any responsibility in the event of a violation of the user’s rights by third parties who have received unauthorized access to the user’s login or password.
By registering on the Site, the user expressly agrees to the terms of this Agreement and assumes all rights and obligations specified in it relating to the use and operation of the Site.
6. Submitting Content
As a condition of submitting any content to the Site or Services, you hereby acknowledge and agree that you grant to us a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and incorporate such content into other works.
By registering on the Site, you acknowledge and agree that a substantial portion of the compensation Ohanaly receives for making the Site and Services available to you is collected through the Service Fee and that in exchange a substantial value to you is the relationships you make with other Users when you identify or are identified by another person through the Site or Services (the “Ohanaly Relationship”). Ohanaly only receives the Service Fee when a Business Client and a Service Provider pay and receive payment through the Site. Therefore, for six (6) months from the start of an Ohanaly Relationship (the “Non-Circumvention Period”), you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that person or arising out of your relationship with that person and not to circumvent the Payment Methods offered on the Site unless you pay a fee to take the relationship off of the Site (the “Conversion Fee”). For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another person through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply. If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business or its successor when acting in that capacity with respect to the other User.
By way of illustration and not in limitation of the foregoing, you agree not to:
- Offer or solicit or accept any offer or solicitation from parties identified through the Site to contract, hire, invoice, pay, or receive payment in any manner other than through the Site.
- Invoice or report on the Site or in a Conversion Fee request an invoice or payment amount lower than that actually agreed, made, or received between Users.
- Refer a User you identified on the Site to a third-party who is not a User of the Site for purposes of making or receiving payments other than through the Site.
8. Accuracy, Completeness and Timeliness of Information
We do not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Services. The material on the Site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Further, we reserve the right to review and delete any content that, in our sole judgment, violates any of these Terms of Service. By using the Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate the risks associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Services. Under no circumstances will we be liable in any way for any content, including, but not limited to, any content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed through the Services. You hereby waive the right to bring or assert any claim against Ohanaly relating to content, and release us from any and all liability for or relating to any content.
9. Termination of Access
We reserve the right to terminate your privilege to use or access the Site and Services, without notice, at any time and for any reason whatsoever. Upon any such termination, you agree that you will immediately stop accessing and attempting to use the Site and Services. We reserve the right to take action to block, nullify, or deny your ability to access the Site or Services. You acknowledge that we may exercise this right in our sole discretion, and that this right is in addition to and not in lieu of any other rights and remedies available to us.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. However, please be reminded that if you return to the Site thereafter, you will be accepting and agreeing to these Terms of Service again for all future use of the Site and/or Services.
10. Notice for California Users
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Ohanaly, LLC, 1451 W Cypress Creek Rd #300, Fort Lauderdale, Florida 33309. If you have any questions, concerns, or complaints regarding the Services, please contact us by either sending: (i) an email to firstname.lastname@example.org; or (ii) a letter, first class certified mail, to Ohanaly, LLC, 1451 W Cypress Creek Rd #300, Fort Lauderdale, Florida 33309.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
11. Trademarks and Copyrights
The Services are protected by copyright, trademark, and other laws of the United States. Nothing in these Terms gives you a right to use the Site or the Services or our name or any of our trademarks, logos, domain name, and other distinctive brand features, in whole or in part, except as expressly authorized by us. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the content displayed or used on the Site, or creating any unauthorized derivative work.
You agree that we may communicate any notices to you under these Terms of Service, through electronic mail, regular mail or posting the notices on the Site. All notices to us will be provided by either sending: (i) an email to email@example.com; or (ii) a letter, first class certified mail, to Ohanaly, LLC, 1451 W Cypress Creek Rd #300, Fort Lauderdale, Florida 33309. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
For copyright issues, we respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”). If you believe that allegedly infringing content is available on the Site and you are authorized to act on behalf of the owner of an exclusive right in that content, you may send a notice to that contains the following:
- Your physical or electronic signature
- Your contact information, such as an email address, telephone number, or mailing address
- Information that identifies the copyrighted work claimed to have been infringed, or, if your notification references multiple copyrighted works, a representative list of such works appearing on our service(s)
- Information that describes the allegedly infringing material or activity that you want removed or access disabled to, and information reasonably sufficient to permit us to locate the material, such as a URL
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. Warranties and Disclaimers
YOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM OHANALY, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING COMPUTER VIRUSES) EVEN IF OHANALY HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, OHANALY PROVIDES THE SITE, THE SERVICES, AND THE INFORMATION THEREIN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OHANALY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO INFORMATION OR ADVICE PROVIDED ON THE SITE, BY OHANALY, OR BY OHANALY’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. YOU ACKNOWLEDGE THAT OHANALY CANNOT BE AN INSURER OF, AND CANNOT GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF, THE INFORMATION PROVIDED GIVEN THAT OHANALY HAS NO DUTY TO TAKE ANY ACTION, REGARDING THE USERS THAT GAIN ACCESS TO OR USE THE SITE AND SERVICES AND HOW YOU MAY INTERPRET OR USE THE CONTENT ON OR IN CONNECTION WITH THE SITE AND SERVICES. YOU ACKNOWLEDGE THAT THE SITE AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, FAILURE, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND THAT OHANALY IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
OHANALY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND OHANALY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
You agree to defend, indemnify, and hold Ohanaly, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from: (i) any violation of these Terms or your use of the Site or Services; (ii) the inaccurate or untruthful content or other information provided by you to Ohanaly or that you submit, transmit or otherwise make available through the Services; or (iii) any intentional or willful violation of any rights of another or harm you may have caused to another. We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify us. You shall not settle any dispute subject to your indemnification under these Terms without written consent from us.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OHANALY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT; OR (v) THE COST OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OHANALY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID OHANALY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT OHANALY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16. Entire Agreement
17. Governing Law
All matters relating to the Website, the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
18. Dispute Resolution
We want to avoid unnecessary legal action and would like to resolve issues without fighting, and we hope that you do too. Before commencing legal action, please get in touch with us and explain what the issue is, and how you would like for it to be solved. We will do our best to accommodate.
In the event that we are unable to reach a resolution of any claim through informal means, all such claims shall be resolved exclusively through binding arbitration, as opposed to litigation, according to the then-existing rules of the American Arbitration Association (“AAA”). Such proceedings will be governed by and in accordance with substantive Florida law and shall be decided by a panel of arbitrators or an arbitrator located in Miami-Dade County, Florida. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. Each party shall bear its own costs, expenses, and attorneys’ fees incurred in connection with any claim. Any right to an award of costs and expenses (including attorneys’ fees) in this Agreement is limited to the specific circumstances set forth under such section and is not intended to provide any party with a general right to an award of costs and expenses (including attorneys’ fees), even if such party is the “prevailing party” in connection with any claim.
By using our Services, you agree and acknowledge that you waive any right to a jury trial under this Agreement.
If you breach any term of these Terms of Service or other agreement with us, we may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Our remedies are cumulative and not exclusive. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services without consent.