Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Nawahine Finance, the developer name under which Nawahine Financial Services LLC, a limited liability company organized under the laws of the State of Utah, United States, provides its professional computer systems design, integrated IT consulting, and related technology services. These Terms of Service constitute a legally binding contract between you, whether you are an individual browsing this website, a prospective client, an active client under a separate service agreement, a vendor, a partner, or any other person or entity accessing or using our services, and Nawahine Financial Services LLC, with its principal place of business at 778 S 860 E Unit A301, American Fork, 84003-4748, United States.

By accessing our website at www.nawahinefinance.hair, by submitting any inquiry through our contact form, by engaging us for any consulting or systems design work, by sending us email at serve@nawahinefinance.hair, by calling us at +1 (505) 502-1663, or by otherwise interacting with our digital properties or personnel in any manner, you unconditionally agree to be bound by these Terms of Service in their entirety. If you do not agree with every provision contained herein, you must immediately cease all use of our website and refrain from engaging our services in any capacity.

We reserve the right, at our sole discretion, to modify, amend, supplement, or replace these Terms of Service at any time by posting the updated version on this page. The date of the most recent revision will always appear at the top of this document under Last Updated. It is your responsibility to review these terms periodically for any changes. Your continued use of our website or services following the posting of any revised terms constitutes your irrevocable acceptance of those changes. If you do not agree to any future modification, your sole remedy is to discontinue use of our website and to terminate any ongoing service relationship in accordance with the termination provisions of your service agreement or Section 17 of these terms.

2. Definitions and Interpretation

For the purposes of these Terms of Service, the following definitions apply. Company, We, Us, Our, and Nawahine Finance refer to Nawahine Financial Services LLC, a Utah limited liability company with its registered address at 778 S 860 E Unit A301, American Fork, 84003-4748, United States, and its owners, officers, directors, employees, agents, independent contractors, affiliates, successors, and assigns. Client, You, and Your refer to the individual, company, or legal entity accessing or using our website and services, and includes any authorized representative, employee, agent, or contractor acting on your behalf.

Services refers to all professional services offered by Nawahine Financial Services LLC, including but not limited to computer systems design, integrated systems architecture, network infrastructure engineering, cybersecurity assessment and risk management, cloud architecture design and migration, systems administration and managed IT services, data analytics infrastructure design, technology advisory and strategy consulting, and any other consulting, engineering, or support services we may offer from time to time. Website refers to www.nawahinefinance.hair and all subdomains, subdirectories, and associated digital properties owned or operated by Nawahine Financial Services LLC.

Service Agreement refers to any separate written contract, proposal, statement of work, master services agreement, engagement letter, or similar document entered into between Nawahine Financial Services LLC and a Client governing the scope, terms, and conditions of a specific services engagement. In the event of a conflict between these Terms of Service and a Service Agreement, the Service Agreement shall prevail. Content refers to all text, graphics, images, software, code, data, designs, documentation, deliverables, reports, diagrams, specifications, and any other materials, whether in digital or physical form, created, provided, or made available by Nawahine Financial Services LLC in connection with its services or on its website.

3. Eligibility and Authority

By accessing our website or engaging our services, you represent and warrant that you are at least eighteen years of age and have the full legal capacity to enter into a binding contract under the laws of your jurisdiction. If you are using our services on behalf of a company, organization, government entity, or any other legal person, you further represent and warrant that you have full power and authority to bind that entity to these Terms of Service and to all obligations arising from your use of our services. In such a case, the terms Client, You, and Your shall refer to that entity and its authorized users.

If you lack the legal capacity to enter into these Terms of Service, or if you have been previously banned, suspended, or otherwise prohibited by us from using our website or services, you are not authorized to access or use our services. We reserve the right, in our sole discretion, to refuse service to any person or entity at any time, to terminate any account or user access, and to decline any engagement without the obligation to provide a reason for such refusal. We further reserve the right to verify your identity and the identity of any entity you represent at any time, and we may require additional documentation before entering into any service relationship.

4. Services and Engagement

4.1 General Description of Services

Nawahine Financial Services LLC specializes in computer systems design and related services, operating primarily within the Computer Systems Design and Related Services industry classification NAICS 541512, under the broader Professional, Scientific, and Technical Services sector which also encompasses industries such as Accounting, Tax Preparation, Bookkeeping, and Payroll Services; Advertising, Public Relations, and Related Services; Architectural, Engineering, and Related Services; Legal Services; Management, Scientific, and Technical Consulting Services; Scientific Research and Development Services; and Specialized Design Services. Our core service offerings include integrated systems architecture, network infrastructure design, cybersecurity services, cloud migration and architecture, systems administration and managed support, data infrastructure engineering, and executive-level technology advisory.

4.2 Service Agreements and Statements of Work

All professional services engagements between Nawahine Financial Services LLC and any Client shall be governed by a mutually executed Service Agreement, statement of work, engagement letter, or equivalent written instrument that specifies the scope of services, deliverables, timelines, fees, payment terms, and any other material terms specific to the engagement. No binding service engagement is created by these Terms of Service alone; a separate written agreement executed by authorized representatives of both parties is required for the commencement of any professional services engagement. Any representations made in preliminary discussions, email exchanges, or proposals are non-binding unless and until they are incorporated into a duly executed written agreement.

4.3 Limitations and Dependencies

All services are provided on a best-efforts basis. The successful outcome of any systems design, integration, or consulting engagement depends on factors beyond our control, including but not limited to the accuracy and completeness of information provided by the Client; the Client's timely cooperation, access provision, and resource allocation; the compatibility, condition, and configuration of existing Client infrastructure; third-party service availability and dependencies; and evolving cybersecurity threats and technological changes. We make no guarantees, representations, or warranties, express or implied, regarding specific outcomes unless such guarantees are explicitly set forth in a signed Service Agreement. Any timelines or cost estimates provided prior to the execution of a Service Agreement are estimates only and do not constitute binding commitments.

5. Website Use and Acceptable Conduct

You agree to use our website and digital properties solely for lawful purposes and in a manner consistent with these Terms of Service. When visiting www.nawahinefinance.hair or any affiliated digital property, you are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and view the publicly available content of the website for your personal or internal business purposes. This license does not include any right to reproduce, modify, distribute, or exploit any content for commercial purposes without our prior written consent.

You expressly agree not to engage in any of the following prohibited activities: using any automated means, including bots, crawlers, scrapers, or data mining tools, to access, collect, or extract data from our website without our express prior written authorization; attempting to probe, scan, or test the vulnerability of our systems or to circumvent any security, authentication, or access control measures; interfering with or disrupting the operation of our website, servers, networks, or services through any means, including denial-of-service attacks, malware distribution, or excessive resource consumption; uploading, posting, transmitting, or otherwise making available any content that is unlawful, defamatory, obscene, fraudulent, invasive of privacy, or otherwise objectionable; impersonating any person or entity, misrepresenting your affiliation with any person or entity, or engaging in any deceptive practice; using our website to transmit spam, chain letters, unsolicited commercial communications, or phishing materials; reverse-engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software, tool, or system made available through our website; or using our website or services in any manner that violates any applicable local, state, national, or international law, regulation, or ordinance.

We reserve the right, but undertake no obligation, to monitor use of our website and to investigate any suspected violation of these Terms of Service. We may, at our sole discretion and without prior notice, restrict, suspend, or terminate your access to our website, block your IP address, or take any other legal or technical action we deem necessary to protect our interests, our clients, and the public. We will cooperate fully with law enforcement authorities and comply with court orders requesting or directing us to disclose information about anyone engaging in prohibited conduct.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, materials, and features available on our website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software code, HTML markup, CSS stylesheets, JavaScript scripts, navigation elements, page layouts, color schemes, typography choices, and the overall look and feel of the site, are the exclusive intellectual property of Nawahine Financial Services LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The name Nawahine Finance, the Nawahine Financial Services LLC name, our logo, our domain name, and all related design marks, slogans, and trade dress are trademarks or service marks of Nawahine Financial Services LLC and may not be used without our prior written permission.

6.2 Client Deliverables and Work Product

For professional services engagements governed by a separate Service Agreement, the ownership, licensing, and intellectual property rights pertaining to deliverables, work product, designs, documentation, code, configurations, and other materials created or developed by Nawahine Financial Services LLC in the course of the engagement shall be determined in accordance with the terms of that Service Agreement. In the absence of a specific intellectual property provision in the applicable Service Agreement, the following default rules apply: Nawahine Financial Services LLC retains ownership of all pre-existing intellectual property, including methodologies, frameworks, tools, templates, libraries, and know-how developed prior to or independently of the engagement. The Client retains ownership of all data, content, and materials provided to us by the Client. Any deliverables, custom solutions, or other work product specifically developed for the Client under the engagement shall be assigned to the Client upon full payment of all fees due, subject to our retention of a non-exclusive, perpetual, irrevocable, royalty-free license to use any underlying methodologies, techniques, or non-client-specific components incorporated therein for our business purposes.

6.3 License to Use Client Materials

By providing us with any data, content, materials, specifications, or information in connection with a services engagement, you grant Nawahine Financial Services LLC a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, and process such materials solely to the extent necessary to perform the services for which they were provided. You represent and warrant that you possess all necessary rights, licenses, consents, and permissions to grant us this license and that our use of such materials in the performance of our services will not infringe or violate any third-party intellectual property rights.

7. Fees, Payment, and Billing

All fees for professional services rendered by Nawahine Financial Services LLC shall be set forth in the applicable Service Agreement, statement of work, or engagement letter. Unless otherwise specified in the applicable agreement, the following standard payment terms apply: invoices are due and payable within thirty calendar days from the date of issuance; all fees are quoted and payable in United States dollars; payments may be made via bank transfer, company check, or such other methods as we may accept from time to time; late payments shall accrue interest at the rate of one and one-half percent per month or the maximum rate permitted by applicable law, whichever is lower; the Client is responsible for all sales taxes, use taxes, value-added taxes, and other governmental charges imposed on the services, excluding taxes based on our net income.

For website-based inquiries and contact form submissions, no fee is charged, and submitting an inquiry does not create any obligation on your part to engage our services. Any fee estimates, price quotations, or budget indications provided through our website, via email, or in preliminary discussions are for informational purposes only and do not constitute a binding offer. Final pricing shall be established in the applicable Service Agreement. We reserve the right to modify our standard rates and fee structures at any time, provided that any agreed-upon fees in an executed Service Agreement shall remain in effect for the duration of that agreement unless the agreement expressly provides for rate adjustments.

8. Confidentiality

In the course of your interaction with Nawahine Financial Services LLC, whether through website inquiries, preliminary consultations, or active service engagements, you may disclose confidential and proprietary information to us. For the purposes of these Terms of Service, Confidential Information means any non-public information, whether written, oral, or in any other medium, that is designated as confidential at the time of disclosure or that a reasonable person would understand to be confidential based on the nature of the information and the circumstances of disclosure. This includes but is not limited to business plans, financial data, technical specifications, network diagrams, security assessments, customer lists, trade secrets, and proprietary methodologies.

Nawahine Financial Services LLC agrees to hold all Client Confidential Information in strict confidence, to use such information solely for the purpose of performing our services and responding to your inquiries, to limit access to such information to those of our employees, agents, and contractors who have a legitimate need to know and who are bound by confidentiality obligations at least as protective as those set forth herein, and to employ at least the same degree of care in safeguarding your Confidential Information as we employ to protect our own confidential information, but in no event less than reasonable care. These confidentiality obligations shall survive the termination of any service relationship and shall continue for a period of five years following the last disclosure of Confidential Information, or indefinitely in the case of trade secrets.

The foregoing confidentiality obligations shall not apply to information that is or becomes publicly available through no fault of ours; was already in our possession prior to disclosure by you without restriction; is rightfully obtained by us from a third party without restriction; is independently developed by us without reference to your Confidential Information; or is required to be disclosed by law, regulation, court order, or governmental authority, provided that we give you prompt written notice of such requirement, to the extent legally permissible, to afford you an opportunity to seek a protective order or other remedy.

9. Privacy and Data Handling

Your privacy is important to us. The collection, use, storage, and disclosure of personal information through our website and services are governed by our Privacy Policy, which is incorporated into these Terms of Service by this reference. By using our website and services, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy, which is available at www.nawahinefinance.hair/privacy. The Privacy Policy describes in detail what information we collect, how we collect it, how we use it, with whom we share it, how we protect it, and what rights you have with respect to your personal information.

You represent that any personal information you provide to us, including information you provide about your employees, contractors, customers, or other individuals, has been collected and is being disclosed to us in compliance with all applicable data protection and privacy laws, regulations, and contractual obligations. If our performance of services involves the processing of personal data on your behalf, the parties shall enter into a data processing agreement or equivalent arrangement specifying the scope, nature, and purpose of such processing, as well as the respective rights and obligations of each party with respect to such data. You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from your failure to comply with applicable data protection laws in connection with personal data you provide to us.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Nawahine Financial Services LLC, its owners, officers, directors, employees, agents, independent contractors, affiliates, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, loss of revenue, loss of goodwill, loss of data, loss of business opportunity, loss of anticipated savings, business interruption, or any other commercial or economic damages or losses of any kind, arising out of or in any way connected with your use of or inability to use our website, your engagement of or inability to engage our services, or the performance or non-performance of any services, whether based on contract, tort, negligence, strict liability, statute, or any other legal theory, even if we have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event shall the aggregate liability of Nawahine Financial Services LLC for any and all claims, damages, losses, or causes of action, whether in contract, tort, or otherwise, arising out of or relating to these Terms of Service, your use of our website, or any services provided by us, exceed the greater of the total amount of fees actually paid by you to Nawahine Financial Services LLC during the twelve-month period immediately preceding the event giving rise to the claim, or one hundred United States dollars if no fees have been paid. This limitation of liability is an essential basis of the bargain between the parties and reflects a fair allocation of risk. You acknowledge that without your agreement to this limitation, the fees charged for our services would be materially higher.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth in this section may not apply to you. In such jurisdictions, the liability of Nawahine Financial Services LLC shall be limited to the greatest extent permitted by applicable law. Nothing in these Terms of Service shall exclude or limit our liability for death or personal injury caused by our gross negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Nawahine Financial Services LLC, its owners, officers, directors, employees, agents, independent contractors, affiliates, successors, and assigns from and against any and all claims, demands, causes of action, lawsuits, proceedings, investigations, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys fees and court costs, arising out of or in any way related to your violation of these Terms of Service; your use of our website or services in a manner not authorized by these terms or any applicable Service Agreement; your infringement or violation of any intellectual property right, privacy right, or other right of any third party; any misrepresentation, negligence, fraud, or willful misconduct by you or anyone acting on your behalf; or any claim that any materials, data, content, or information you have provided to us violates, infringes, or misappropriates any third-party right or violates any applicable law.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event, you agree to cooperate fully with us in asserting any available defenses and in the conduct of such defense. You shall not settle any claim, action, or proceeding that imposes any obligation, liability, or admission on Nawahine Financial Services LLC without our prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed.

12. Disclaimers and No Warranties

Our website, and all content, information, materials, tools, and services made available through our website or in connection with any engagement, are provided on an as-is and as-available basis, without any representations or warranties of any kind, express or implied. To the fullest extent permitted by applicable law, Nawahine Financial Services LLC expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, completeness, reliability, uninterrupted availability, freedom from errors or defects, and security, as well as any warranties that may arise from a course of dealing, course of performance, or usage of trade.

We do not warrant that our website will be available at all times, that it will operate without interruptions, delays, or errors, that defects or inaccuracies will be corrected, that the website or the servers that make it available are free of viruses, malware, or other harmful components, or that any content, information, or advice obtained through our website is accurate, complete, reliable, or current. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made on our website by anyone other than our authorized representatives acting in their official capacities.

Any reliance you place on information obtained through our website or through our preliminary consultations is strictly at your own risk. You are solely responsible for verifying the accuracy and suitability of any information before relying on it for any purpose. We disclaim all liability for any actions you take or refrain from taking based on any content on our website. Nothing on our website constitutes professional advice; you should consult a qualified professional for advice tailored to your specific circumstances. No information, whether oral or written, obtained by you from us through our website or otherwise shall create any warranty not expressly stated in these Terms of Service or a duly executed Service Agreement.

13. Third-Party Links and Services

Our website may contain links to third-party websites, platforms, applications, and services that are not owned, controlled, or operated by Nawahine Financial Services LLC. These links are provided solely for your convenience and reference; they do not constitute or imply our endorsement, sponsorship, approval, or recommendation of the linked site, its content, its operators, or any products or services offered through it. We make no representations or warranties of any kind regarding any third-party website or service, and we assume no responsibility for the content, accuracy, privacy practices, terms of service, or functionality of any third-party site.

You acknowledge and agree that Nawahine Financial Services LLC shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party website. Your interactions with third-party websites, including your provision of personal information and your consummation of any transactions, are solely between you and the third party. We strongly encourage you to review the terms of service and privacy policies of every third-party website you visit before providing any information or engaging in any transaction.

14. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms of Service or any Service Agreement to the extent such failure or delay is caused by events, circumstances, or conditions beyond the affected party's reasonable control and without its fault or negligence. Such force majeure events include but are not limited to acts of God, natural disasters, earthquakes, floods, hurricanes, tornadoes, fires, epidemics, pandemics, public health emergencies, acts of war, terrorism, civil unrest, riots, insurrection, governmental actions, changes in laws or regulations, embargoes, trade restrictions, labor disputes, strikes, lockouts, supply chain disruptions, widespread telecommunications or Internet outages, cyberattacks not attributable to the affected party's negligence, and failures of third-party utilities, infrastructure, or service providers.

The party affected by a force majeure event shall promptly notify the other party in writing of the nature and expected duration of the event and the obligations affected. During the period of the force majeure event, the affected party's performance obligations shall be suspended to the extent they are impacted by the event. Both parties shall use commercially reasonable efforts to mitigate the effects of the force majeure event and to resume full performance as soon as reasonably practicable. If a force majeure event prevents performance of a material obligation for a continuous period exceeding sixty calendar days, either party may terminate the affected engagement upon written notice to the other, without liability.

15. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to them, including any question regarding their existence, validity, interpretation, breach, termination, or enforceability, shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles or rules that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service or to any transaction conducted in connection with them.

Except as otherwise provided in Section 16 regarding dispute resolution, any legal action, suit, or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state courts sitting in Utah County, Utah, or the federal courts sitting in the District of Utah, and each party hereby irrevocably consents to the exclusive personal jurisdiction and venue of such courts, waives any objection based on forum non conveniens, and agrees not to assert any defense of lack of personal jurisdiction or improper venue. You agree that service of process may be effected by certified mail, return receipt requested, to your last known address on file with Nawahine Financial Services LLC.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

In the interest of resolving disputes efficiently and without the cost and delay of litigation, Nawahine Financial Services LLC and you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms of Service, our website, or our services informally before initiating any formal legal proceeding. A party seeking resolution shall send a written notice to the other party describing the nature and basis of the dispute, the specific relief sought, and any supporting documentation. The notice shall be sent to Nawahine Financial Services LLC at 778 S 860 E Unit A301, American Fork, 84003-4748, United States, or to you at the physical or email address we have on file for you. The receiving party shall respond within thirty calendar days of receipt of the notice.

16.2 Mediation

If the parties are unable to resolve the dispute informally within forty-five calendar days of the initial notice, either party may request mediation. The parties shall mutually select a mediator qualified in technology services disputes and shall participate in mediation in good faith. The mediation shall be conducted in Utah County, Utah, or via remote videoconference at the mutual agreement of the parties. Each party shall bear its own costs and shall share equally the fees and expenses of the mediator and the mediation proceeding.

16.3 Binding Arbitration

If the dispute is not resolved through informal negotiation and mediation, it shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Mediation Procedures then in effect. The arbitration shall be conducted by a single arbitrator with experience in technology and professional services disputes, mutually selected by the parties, or if the parties cannot agree, appointed by the AAA. The arbitration shall take place in Utah County, Utah, or via remote videoconference at the discretion of the arbitrator. The arbitrator shall apply the substantive law of the State of Utah, exclusive of its conflict of law rules, and shall have the authority to award any relief that would be available in a court of competent jurisdiction, including equitable relief, but shall not have the authority to award punitive or exemplary damages except where expressly authorized by applicable statute.

16.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, including to protect trade secrets or confidential information, to prevent infringement or misappropriation of intellectual property rights, or to prevent unauthorized use of our website or services. The parties agree that any such action for injunctive relief may be brought immediately without first engaging in the informal resolution, mediation, or arbitration procedures described in this section. The prevailing party in any such action shall be entitled to recover its reasonable attorneys fees and costs.

16.5 Class Action and Jury Trial Waiver

All disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding. By agreeing to these Terms of Service, each party irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms of Service, our website, or our services.

17. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use our website or avail yourself of our services. For professional services engagements governed by a separate Service Agreement, the term of that engagement and the conditions for its termination shall be as set forth in the Service Agreement. These Terms of Service shall continue to apply to your use of our website, contact form, and any services not otherwise governed by an independent Service Agreement.

We reserve the right, at our sole discretion and without prior notice or liability to you, to suspend, restrict, or terminate your access to our website, to block your IP address or range of IP addresses, to discontinue your use of our contact form or any other digital service, and to refuse any future use of our website or services, for any reason or for no reason, including without limitation if we determine, in our sole judgment, that you have violated any provision of these Terms of Service, that your conduct is harmful to our interests, our clients, or the public, or that continued access poses a security, legal, or reputational risk to Nawahine Financial Services LLC.

Upon termination of your access rights, all licenses and rights granted to you under these Terms of Service shall immediately cease. Any provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to ownership and intellectual property provisions, confidentiality obligations, limitations of liability, indemnification obligations, disclaimers of warranties, governing law and jurisdiction, and dispute resolution provisions. Termination of your access shall not affect any rights or obligations that have accrued prior to the effective date of termination, including any payment obligations that may remain outstanding.

18. Notices and Communications

All notices required or permitted under these Terms of Service shall be in writing and shall be delivered by one of the following methods: personal delivery; registered or certified mail, return receipt requested, postage prepaid; nationally recognized overnight courier service; or electronic mail with confirmed read receipt. Notices to Nawahine Financial Services LLC shall be addressed to: Nawahine Financial Services LLC, 778 S 860 E Unit A301, American Fork, UT 84003-4748, United States, with a concurrent electronic copy to serve@nawahinefinance.hair.

Notices to you shall be sent to the email address or physical address you have provided to us, or if no address has been provided, by posting a notice on our website, which posting shall constitute effective notice. Notices sent by email shall be deemed received on the date of transmission if sent before 5:00 PM Mountain Time on a business day, or on the next business day if sent after 5:00 PM Mountain Time or on a non-business day. Notices sent by certified mail shall be deemed received five business days after deposit in the mail. Notices sent by overnight courier shall be deemed received on the next business day after deposit with the courier.

19. General Provisions

19.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any Service Agreement executed between you and Nawahine Financial Services LLC, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, representations, and communications, whether oral or written, relating to such subject matter. No course of dealing, course of performance, or usage of trade shall supplement or modify these Terms of Service.

19.2 Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving its intent as closely as possible. If such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision in any jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.

19.3 No Waiver

No failure or delay by Nawahine Financial Services LLC in exercising any right, power, or privilege under these Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver of any provision of these Terms of Service must be in writing and signed by an authorized representative of Nawahine Financial Services LLC to be effective. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

19.4 Assignment

You may not assign, delegate, sublicense, or otherwise transfer any of your rights or obligations under these Terms of Service, whether voluntarily, by operation of law, or otherwise, without the prior written consent of Nawahine Financial Services LLC, which consent may be withheld in our sole discretion. Any attempted assignment or transfer in violation of this provision shall be null and void. Nawahine Financial Services LLC may freely assign, transfer, or delegate these Terms of Service, or any rights or obligations hereunder, without restriction or notice to you, including in connection with a merger, acquisition, reorganization, sale of substantially all of our assets, or similar corporate transaction.

19.5 No Third-Party Beneficiaries

These Terms of Service are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms of Service, express or implied, is intended to or shall confer upon any person or entity, other than the parties and their respective successors and permitted assigns, any legal or equitable right, benefit, or remedy of any nature whatsoever. No third party shall have any right to enforce any provision of these Terms of Service.

19.6 Relationship of the Parties

Nothing in these Terms of Service or in any Service Agreement shall be construed to create a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between Nawahine Financial Services LLC and any Client. Nawahine Financial Services LLC is and shall at all times remain an independent contractor in the performance of all services. Neither party has the authority to bind the other or to incur any obligation on behalf of the other without the other party's express prior written consent.

19.7 Headings and Construction

The section headings and subheadings in these Terms of Service are included for convenience of reference only and shall not affect the interpretation or construction of any provision. These Terms of Service shall be construed without regard to any presumption or rule requiring construction against the party that drafted the document. Any ambiguity shall not be interpreted against the drafting party. Unless the context otherwise requires, words importing the singular include the plural and vice versa, words importing gender include all genders, and the word including shall be construed as including without limitation.

19.8 Survival

The provisions of these Terms of Service that by their nature are intended to survive termination or expiration, including Sections 2 (Definitions), 6 (Intellectual Property), 8 (Confidentiality), 10 (Limitation of Liability), 11 (Indemnification), 12 (Disclaimers), 15 (Governing Law), 16 (Dispute Resolution), 19 (General Provisions), and any other provision that logically should survive, shall survive any termination or expiration of these Terms of Service or of any Service Agreement.

20. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, or if you wish to report a violation of these terms, please contact us using the information below. We are committed to responding to legitimate inquiries promptly and addressing any issues in good faith.

Nawahine Financial Services LLC

778 S 860 E Unit A301
American Fork, UT 84003-4748
United States

Email: serve@nawahinefinance.hair
Phone: +1 (505) 502-1663
Website: www.nawahinefinance.hair

Nawahine Finance is the developer name under which Nawahine Financial Services LLC provides its computer systems design, integrated IT consulting, cybersecurity assessment, cloud architecture design, systems administration, data infrastructure engineering, and technology advisory services to clients across the United States. All inquiries regarding these Terms of Service are handled by our administrative team during regular business hours, Mountain Time, Monday through Friday, excluding federal holidays. We encourage you to also review our Privacy Policy, available at www.nawahinefinance.hair/privacy, which governs our collection and use of personal information.