Terms

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Content on website as well as any published/posted content by Lani Yamasaki (herein known as “LY”) or Live Lōkahi™ LLC  (herein known as LL”) or under the ‘Live Lōkahi’ trademark, is NOT medical advice and does not take the place of a physicianʻs expertise or psychotherapy, and should not be used for the purpose of self-diagnosis, medical advice, medical treatment or psychotherapy.  

By viewing any part of the website, any published/posted content, or communications of LY, LL, or the ‘Live Lōkahiʻ trademark, you accept these Community Standards, Terms of Use, and Privacy Policy.  You are hereby accepting the aforementioned content as a Hawaiian culturally-based educational environment and community to support your personal development and wellness to be motivated by what you learn here, but under no circumstances will any advice, suggestion, comment by Lani Yamasaki or any member of this community be considered medical advice or treatment including psychotherapy.

Community Standards

In creating and developing the content, products, and services offered herein, we were influenced by the Hawaiian Epistemology classes and the Hawaiian Healing Traditions classes and retreats that Lani Yamasaki led for many years, and the years she served as a consultant, facilitator and teacher for organizations including the federal government, hospitals such as North Hawaii Community Hospital, private foundations such as The Joyful Heart Foundation and universities such as The University of Minnesota, Center for Spirituality and Healing.  Over the many years Lani came to realize from these experiences that traditional Hawaiian values and practices were “universally” viewed and appreciated as a holistic way of living, and appealed to medical and wellness practitioners seeking a more holistic approach to healing, which integrated indigenous knowledge, culture, and the arts with modern science. 

She also found that traditional Hawaiian values and practices such as aloha (love, kindness, sympathy, charity), ʻohana (family), lōkahi (unity and harmony), kōkua (help), laulima (working cooperatively) and pono (righteousness) created and nurtured a safe environment for personal development, healing and wellness.

In general, when people live by values and practices such as these, a conscious community grows where individuals take responsibility for their actions and seek to do “whatʻs pono or right” including whatʻs right for the community.

By entering this site, you are entering a global on-line community. Those who have been participating in this web site have found aloha and ʻohana. It has become a place to connect to like-minded souls.  It has become a real community that shares a love for Hawaiian cultural traditions, values and practices, and a commitment to authentically embody these traditions, values and practices which guide us to come home to ourselves while maintaining the integrity of our own unique and diverse backgrounds.  We value the community which we have co-created  and welcome new members.

Our company exists because of Ke Akua (God/Creator), our Hawaiian ancestors and kūpuna (elders) which guide us, and our global ohana which supports our vision, mission and goals. We are committed to safeguarding the legacy of our ancestors and kūpuna. We are committed to protecting our community to the best of our ability, and we count on all of you to also mālama or care for our community. We understand that the actions of one individual affects the whole community.

The following Community Standards were created to let you know what is expected of you, and what you can expect from us.  We expect these standards to evolve as we evolve as a community.  We encourage you to check back from time to time to keep abreast of any changes and to remain current.

The guidelines are broken into several sections.  Obviously, some of the guidelines don’t apply to everyone but it’s smart to familiarize yourself with everything, anyway.

Please note that our community is, at the moment, is primarily a virtual community. All community guidelines apply anywhere and any time community members are interacting and communicating.

— General Community Guidelines
— Ethical Guidelines
— Forum Guidelines
— Intellectual Property Guidelines
— Violations of Guidelines

General Community Guidelines

There are four overarching principles that guide this community:

1)  Kūleana: Responsibility, privilege

This is about personal responsibility and accountability. Only you can control what you do, what you say, how you say it, who you say it to, how you interpret what you read, in short, what choices you make and actions you take.  We expect you to be an adult and behave like one at all times and under all circumstances.  Gossip, triangulation, law-breaking, abuse – they are not allowed here.  If you have any questions on what constitutes pono behavior, please reach out and ask our administration. You are also expected to remain current on whatʻs happening in this website. We encourage you to be an active community participant/contributor.  We also encourage you to always remain abreast of community events and communication…  and anything that could impact your membership status.

2)  Aloha: love, kindness, compassion, charity and sympathy.

Aloha is the foundation upon which we operate. Please treat all community members with aloha. Aloha is freely given without any exception of return.

3) Kōkua: Help, to serve

Be of service. Offer assistance before being asked. We encourage you to give freely and without any “strings” attached including expectations.

4) Lōkahi: Harmony, unity.

We value harmonious relationships. Often what is “not expressed aloud” is the “loudest” thing in the room.  Our community is highly sensitive, and will sense and feel if there is disharmony in our midst. If there are any misunderstandings and miscommunications, you are expected to maturely address and peacefully resolve these situations.  If mediation is preferred, please reach out to our administration.

Ethical Guidelines

Our ethical guidelines apply to everyone in the community.

We believe in treating each other with aloha, integrity, and respect.  If you observe anyone behaving in illegal or harmful behaviors to self or others please contact [email protected] to let us know.

 Posting Guidelines

Our community, course, and comment areas are our primary tools of communication.  As such, it’s important that we all use them in a similar fashion. Here are the guidelines that will allow that to happen:

— Language: If your language wouldn’t be appropriate in polite, mixed company, don’t use it here.  Expletives; coarse, offensive, or vulgar words; mean-spirited or inciteful use of language all are inappropriate.  Masking, or hiding the letters so that you don’t technically use an inappropriate word is prohibited.  

— Sexuality: We don’t discuss or exchange sexually explicit images, and/or materials; including but not limited to photographs, film, videos, pictures, or computer-generated images (actual or simulated). Links to sexually explicit materials are also prohibited.  Discussion of sexuality in a more clinical or culturally appropriate sense might be appropriate in a therapeutic conversation or an off-topic post, but will rarely be appropriately discussed in larger community forums.

— Copyright/Trademark: Make sure you own what you post, or that you have explicit permission from the owner to post it. For information in the public domain, please use attribution.

— Advertising and Solicitation: It’s perfectly ok to mention, link to, or discuss web sites that could be of interest to other people. Sharing resources asked for, or resources you find (Hey, look at the new service I just found!) is a terrific way to participate. Self-promotion if used occasionally by someone who is actively contributing to the group’s mission can be okay. We want everyone to flourish. If however, someone is in the community solely for the purpose of self-promotion is not okay.

— Illegalities: If it’s illegal in the world, it’s off-limits as a topic in the forums.  Discussing how to make a bomb or where to buy drugs is off-limits. Discussing a current news story in an off-topic post is fine.

— Violence and Abuse: As a community, many of us have been deeply hurt by violence and abuse of all kinds. Our community will not be a place for this.  Violence, as you know, can take many forms. The most common that could take place in a community like ours and which are prohibited, include, but are not limited to, the following:  Conversations that promote hate, posts that threaten another, posts that defame another, gossip-mongering, posts that contain racial, ethnic, religious, gender, or disability slurs, and posts that are meant to incite problems within the community or between community members.

— Impersonation: Please don’t attempt to impersonate a member of this web site’s staff or another member. Further, please don’t misrepresent your affiliation with any person or entity.

— Triangulation: Triangulation is the practice of involving uninvolved people into a problem. If you have a problem with someone in the community, it’s between the two of you. If you post about it, you involve a whole lot of people who shouldn’t be involved, incite problems, and create ugliness that has to be cleaned up. That’s simply not ok here.  Remember that one of the fundamental components of a secure attachment is navigating conflict and initiating repair.

— Topics: Please keep your posts on-topic – there’s a forum for just about everything (including personal stuff), and if you need another created, just ask.  Off-topic replies, or me-too responses, on the other hand, should be kept off the boards, and sent directly to the person you are replying to.

— Privacy: Please don’t violate another’s privacy by sharing info you have no right to share.  Also, please see the separate Privacy Policy herein.

— Harvesting: Please do not harvest email addresses for your personal or professional use. This is not the forum to seek new business.

— Spam and Other Annoyances: Posts that can be considered spam; for example, posting to multiple forums when there’s no appropriate reason to do so, or for the sole purpose of interrupting the flow of discussion, are unacceptable. Additionally, chain or Internet hoax letters of any sort, passing on junk mail, and sharing any pyramid schemes are not appropriate. We expect you to do your best to not upload anything containing a virus or worm.

Intellectual Property Guidelines    

Intellectual Property Guidelines spell out the way this web site’s members can use this community.  There are many ideas, concepts, and skills that are widely disseminated.  Please use them and allow them to support your well-being, and always remember to Nana I Ke Kūmu orLook to the Source” from where the information originated. This also applies if you find something helpful and are using it outside this website please acknowledge where you learned this.  Through this type of  aloha spirit and being pono, we can help co-create a world with more kindness, care and sense of equality  and justice.   

 Violations of Guidelines

At our sole discretion, we reserve the right to remove, edit, or move posts made to this website.  Additionally, certain policies stipulate specific consequences for non-compliance. Unless otherwise stipulated, we reserve the right to impose, at our discretion, appropriate disciplinary measures, including, but not limited to:  restriction of or removal of privileges, loss of certification, and loss of membership in specific programs. If you’re unclear about whether something is appropriate, please ask first.

Terms of Use

  1. Acceptance of Terms

This Terms of Use (herein known as TOS) may be updated at any time, and without prior notice.  You will always be able to review the most current TOS on this web site. In addition, when you participate in any groups offered through this website, LY or under the ‘Live Lōkahi™ʻ  trademark, you shall be subject to posted guidelines or rules applicable to such groups.

  1. Description of Service

LY and LL currently provides people with a collection of resources, including a variety of communication tools (the “Service”). You understand and agree that some tools or areas, or offerings of the Service are available to the level of membership you subscribe to. You understand and agree that the Service may include advertisements, and that these advertisements are necessary for LY  and LL to provide the Service. You also agree that the Service includes communication from LY and LL such as service announcements, administrative messages, and other communications.  If you are a member of a specific service group, group-related communications are a part of the service, and you will not be able to opt-out of receiving them while in the group. Unless specifically stated otherwise, any new features added to the current Service shall be subject to the TOS.  You understand and agree that the Service is provided “as-is,” and that LY and LL assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and if that access includes third party fees (such as an Internet Service Provider), you are responsible for those fees. You are also responsible for providing the necessary equipment to access the Service.

  1. Your Member Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) participate and keep current with what’s happening in the LY community and Live Lōkahi™ community (b) abide by all TOS, and Community guidelines, and LY and Live Lōkahi ™ Policies (c) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (d) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LY and LL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LY and LL has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

  1. Member Account, Password, and Security

As a member, you can choose a user name and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LY and LL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LY and LL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

  1. Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not LY and LL  are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. LY and LL does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will LY and Live Lōkahi™ be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity, including, but not limited to, Lani Yamasaki, a LY staff member, forum leader, or host, a community participant, or falsely state or otherwise misrepresent your affiliation with a person or entity, and Live Lōkahi, a LL staff member, forum leader, or host, a community participant, or falsely state or otherwise misrepresent your affiliation with a person or entity,
  3. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment or contractual relationships or under nondisclosure agreements);
  4. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
  5. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  6. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
  8. intentionally or unintentionally violate or encourage the violation of any applicable local, state, national or international law;
  9. “stalk” or otherwise harass another; or
  10. collect or store personal data about other users.

 

You acknowledge that LY and LL  may not pre-screen Content, but that LY and LL and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, LY and LL and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable or doesn’t meet LY and LL standards. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by LY and LL or submitted to LY and LL

You acknowledge, consent and agree that LY and LL may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of LY and LL, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by LY and LL and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

  1. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  1. Indemnity

You agree to indemnify and hold Lani Yamasaki, LY, and Live Lōkahi ™ its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

  1. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your LY and LL username/password.), use of the Service, or access to the Service.

  1. Modifications to Service

LY and LL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LY and LL shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

  1. Termination

You agree that LY  and LL may, under certain circumstances and without prior notice, immediately terminate your LY and LL account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), and (e) unexpected technical or security issues or problems

Further, you agree that all terminations for cause shall be made in LY and LL sole discretion and that LY and LL shall not be liable to you or any third-party for any termination of your account, or access to the Service.

  1. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that LY and LL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  1. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LY and LL has no control over such sites and resources, you acknowledge and agree that LY and LL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LY and LL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource

  1. Live Lōkahi ™ Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by LY, LL or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

  1. Disclaimer of Warranties

You expressly understand and agree that:

1)  Your use of the service is at your sole risk. The service is provided on an “as is” “with all faults” and “as available” basis. LY and LL expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

2)  LY and LL makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.

 

3)  Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

4) No advice or information, whether oral or written, obtained by you from LY and LL or through or from the service shall create any warranty not expressly stated in the TOS.

 

15.  Limitation of liability

LY and LL  assumes no liability whatsoever, and your sole and exclusive remedy for any dispute with LY and LL  is to discontinue accessing this web site or related content.

You expressly understand and agree that LY and LL shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if LY and LL has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

16.  Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.

    17.  No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.

18. Notice

LY and LL may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

19. Trademark Information   

Live Lōkahi™ logo, trademarks and service marks and other Live Lōkahi logo and product and service names are trademarks of Live Lōkahi, Without LYʻs  prior permission, you agree not to display or use in any manner, the Live Lōkahi marks.

20.  General Information

Entire Agreement

The TOS constitute the entire agreement between you and LY and LL and govern your use of the Service, superseding any prior agreements between you and LL and LY. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LL and LY services, affiliate services, third-party content or third-party software.

21.  Choice of Law and Forum

The TOS and the relationship between you and LY and LL shall be governed by the laws of the State of Hawaii  without regard to its conflict of law provisions. You and LY and LL agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hawaii Island.

22.  Waiver and Severability of Terms

The failure of LY and LL to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

23.  Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

24.  Results Disclaimer

The products and services sold on this website are for informational purposes only and not to be interpreted as a promise or guarantee of results, including but not limited to medical and psychotherapeutic healing and amelioration of trauma.  The information presented on the website cannot be considered medical advice or psychotherapy in any form.

Your level of healing and success in attaining the results from using our products and information depends on the time you devote to the program, ideas and techniques used, and the amount of time you practice the various skills.

Since these factors differ among each individual, we cannot guarantee your success, personal development, wellness  or healing, nor are we responsible for any of your actions.

Any and all forward-looking statements on this website or in any of our products are intended to express our opinion of the possibilities that some people may achieve.

But many factors will be important in determining your actual results, and we make no guarantees that you will achieve results similar to ours or anyone else’s. In fact, we make no guarantees that you will achieve any results from the ideas and techniques contained on our web site or in our products.

To the extent that we included any case studies or testimonials on this site, you can assume that none of these stories in any way represent the “average” or “typical” customer experience.

In fact, as with any product or service, we know that some people will purchase our products but never use them at all, and therefore will get no results whatsoever. You should therefore assume that you will obtain no results with this program.

You fully agree and understand that Lani Yamasaki, this web site, and LL are not responsible for your success or failure and make no representations or warranties of any kind whatsoever that our products or services will produce any particular result for you.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Privacy Policy

This Privacy Policy is subject to change by Ly and LL at any time and at our discretion without notice by updating this posting.

We understand the importance that Internet users place on privacy, and this Privacy Policy describes how we use personal information that is collected at our websites.

Please read this Privacy Policy before using this website or submitting any personal information. California residents, please also see the “Note to California Residents” Section for additional rights that apply to you.

By using this website, you accept the privacy practices contained in this Privacy Policy. You are encouraged to review the Privacy Policy whenever you visit the website to make sure you understand how any personal information you provide will be used.

Information We Collect

  1. Personally Identifiable Information

In order to serve our customers, we collect personally identifiable information, like names, addresses, phone numbers, email addresses, and sometimes credit card information when such information is voluntarily submitted by our visitors. We will only use your personal information for the following purposes: (1) to deliver the products and/or services to you that you have requested; (2) to validate your compliance with the terms and conditions; (3) for content improvement and feedback purposes; (4) to reach you, when necessary, regarding your use of the web site or product(s), and (5) for the few situations described below to better serve you.

We will NEVER share your personally identifiable information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. By permitting us to collect this information, you will be able to receive information on other products and services that may be of interest to you, including related third party offers that we may send to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service. We may also use this information to contact you about joint venture opportunities if it appears that you would be a suitable joint venture partner.

By submitting your email address on this web site, you agree to receive email from us. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.

By submitting your email address, you also agree to allow us to use your email address for custom audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us.

In addition, you agree that by submitting your telephone contact information on this web site and/or registering to receive the product and/or service offered herein, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the Amended Telemarketing Sales Rule (ATSR), 16 CFR ‘310 et seq. and any applicable state and local “do not call” regulations. We retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations.

  1. Non-Personally Identifiable Information

We also may collect various types of non-personally identifiable information to help us make your experience more enjoyable, measure site activity to identify future improvements that should be made, and compile aggregate data to help serve site visitors better. For example, we may use such data to tailor our advertisements, develop proper survey questions, improve our business, etc.

As another example, we may use session and persistent “cookies,” session logs, web beacons, GIF/pixel tags, banner ads, third-party click tracking analytics tools (such as Google Analytics), third party retargeting networks that may display our advertisements to you on other sites that you visit to remind you about us, and third party networks that serve user-requested emails (e.g., for a refer-a-friend email) to collect non-personally identifiable or other aggregated information about site visitors.

Cookies are text files that are used by your computer’s web browser to store your preferences and enable us to enhance your user experience with our web site. Third-party retargeting networks may also use cookies to display our advertisements to you on other sites. You can opt-out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

Emails or newsletters that we send electronically may use techniques such as web beacons or pixel tags to gather email metrics and information to improve the reader’s experience, such as the number of emails that are opened, whether they were forwarded or printed, the type of device from which they were opened, and the location (e.g. city, state, and county) associated with the applicable IP address.

If you visit this site with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this site with an open ID, the number of items “liked” on this site or items on this site that you choose to share with a third-party social media site.

Other parties such as advertising partners and analytics companies may also be collecting information about your online activity across various websites over time. The information collected by those third parties may include identifiers that allow those third parties to tailor the ads that they serve to your computer or other devices.

Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined.

Please note that you do have the option to configure most web browsers to NOT accept cookies. However, be aware that disabling cookies may keep you from having access to some functions or services on our web site or the web-hosted software that runs on our web site.

Third-Party Actions

We do not control and are not liable for the actions of any third parties who we may promote and/or link to from this site. We pride ourselves in recommending quality companies but have no control over the actions of those third parties, the content they provide, or their privacy practices. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties with whom we work so that we may enhance our future service to all customers.

Children’s Privacy

We take Children’s Privacy very seriously. Due to the age restrictions of this web site, none of the information obtained by this web site falls within the Child Online Privacy Act (COPPA) and we do not knowingly intend to collect personally identifiable information from children under 18 years of age. If your minor child has provided us with personally identifiable information, you may contact us at the phone number or mailing address listed in the section entitled “Contact” if you want this information deleted from our records. We will then make reasonable efforts to remove your child’s information from the database that stores the information.

IP Addresses

We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services.

 

Commitment to Data Security

All information collected from you is stored in a technically and physically secure environment. Furthermore, employees, contractors, and vendors who have access to your personally identifiable information in connection with providing services for us are required to keep the information confidential.

Payments are securely processed by a third-party vendor. Unfortunately, no transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take reasonable measures to protect your information, we cannot ensure or warrant the security of the information that you transmit to us, and you do so at your own risk.

Contacting Us

If you need to contact us, you can email us at [email protected], call us at 808-887-6880 or send us a letter at:
Lani Yamasaki, PO Box 437448, Kamuela, Hawaii  96743

We strive to provide excellent products, along with equally excellent customer service. If you have any questions about this Privacy Policy or our practices, please feel free to contact us using one of the methods listed above.

Note to California Residents

If you live in the State of California, under the California Civil Code, you have the right to request that companies who conduct business in California provide you with a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes.

Alternatively, the law provides that if a company has a Privacy Policy that gives either an opt-out (often referred to as “unsubscribe”) or opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, that the company may instead provide you with information on how to exercise your disclosure choice options.

This Site qualifies for the alternative option; it has a comprehensive Privacy Policy and provides you with details on how you may either opt-out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and want to request information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Please send an email to [email protected] or you may contact us via regular mail at:

Lani Yamasaki, Live Lōkahi, LLC, PO Box , Kamuela, Hawaii 437448.

 All requests sent via regular mail must be labeled “Your California Privacy Rights” on the envelope or postcard and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. Please include your zip code for our own record keeping.

We do not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly or do not have complete information.

Your access to and use of this website, as well as all related websites operated by LANI KAMAUU YAMASAKI - Live Lōkahi™ LLC (which includes https://laniyamasaki.mykajabi.com/, among others) (collectively the “Site”) is also subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by LANI KAMAUU YAMASAKI - Live Lōkahi™ LLC , (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Live Lōkahi™”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://laniyamasaki.mykajabi.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Hawaii County, Hawaii. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: March 9, 2021

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