TERMS OF SERVICE

OHANA STAR SYSTEMS TERMS OF SERVICE

Effective January 3, 2024

Overview

The Star Network is a passion project of Star Building Group, LLC. The Star Network is a community-based management tool for property managers, and a private social network and resource for managers, residents, office workers, and community members. It’s a way for people to come together, build community, and make your building a better place to live, work, or be a part of.

These Ohana Star Systems Terms of Service (the “Service Terms”) are an agreement between Star Building Group’s Ohana Star Systems and you, and they govern your use of the Star Network.

 By using the Star Network, you agree to abide by these Service Terms.

From time to time, we may modify or update these Service Terms as described in the section entitled “Changes to the Star Network or these Service Terms.” If you use the Star Network after any such change, you accept these Service Terms as modified. The Service Terms always will have an effective date stated on them.

1. Definitions.

“Affiliate” – any legal entity that owns, is owned by, or is commonly owned with a party, where “own” means having more than 50% ownership or the right to direct the management of the entity.

“Manager(s)” – refers to either an owner or manager of a residential or office building, response team, or community that uses the Star Network and its management tools. Managers have Manager Accounts, which are governed by these Terms of Service, our Privacy Policy, and Star Systems Service Agreements.

“Ohana Star Guidelines” – refers to those guidelines that form the basis of activity on the Star Network and describe the values and goals of the Star Network.

“Ohana Star Systems” – also referred to as Ohana Star, is a project of Star Building Group, LLC.

“Ohana Share” – refers a community service provided by Ohana Star intended to help connect residents and Star Network Users who offer to share services with fellow residents and Star Network Users.

“Ohana Star Marketplace”refers to a community marketplace where Star Network Users can list and find goods and services offered by fellow Star Network Users.

Privacy Policy” – refers to the policy regarding privacy that governs the Star Network. You agree to the Privacy Policy by agreeing to these Service Terms. The Privacy Policy is a material part of these Service Terms.

“Resident(s)” – refers to residents of buildings, office workers in buildings, or communities who utilize the Star Network and are users of the Star Network. Residents have Resident Accounts which are governed by the Terms of Service and our Privacy Policy.

 “Service Agreement” – Any service order document generated by Star Building Group and executed by a building or community owner or manager and Star Building Group that incorporates by reference these Service Terms, including any attachments or addenda to it.

“Star Building Group” – the company providing Ohana Star Systems and operating our Services, which is the Star Building Group, LLC.

“Star Network” – refers to the Ohana Star Systems network.

“User” – a general term to refer to all users of the Star Network including Managers, Residents, community members, and visitors.

2. Welcome. Ohana Means Community. Welcome to the Star Network. Our core values are community, sharing, and privacy. Everything follows from these principles. This network helps you streamline building management, be a responsive management team, help others and get help when you need it, share and trade things and services, discuss relevant issues, make friends, and organize events in a safe, private and welcoming environment.

To access the management dashboard and utilize management tools, connect with other residents, and to use and receive certain services provided by Ohana Star, may require Managers and Residents to register for and maintain a Star Network account (“Account”).

The Star Network offers two types of Accounts, an Account for Managers (“Manager Account”) and another for Residents, office workers, and community members (“Resident Account”). These Service Terms, along with the Ohana Star Guidelines, describe your rights and obligations in connection with your Account and use of the Star Network. They apply to both Manager Accounts and Resident Accounts, except where specified that a particular Service Term only applies to a Manager Account.

If you are a Manager, these Service Terms, our Privacy Policy and the Ohana Star Guidelines govern the Services available through the Star Network. The terms of your use of the Star Network and payment for such Services are subject to the Service Agreement and any attachments or addenda to it and are part of this agreement.

If you are a Resident, these Service Terms (with the exception of Service Terms that state they apply only to Manager Accounts) our Privacy Policy and the Ohana Star Guidelines govern the Services available through the Star Network.

We strive for every User of the Star Network to have a positive experience and take the principles set out in these Service Terms and the Ohana Star Guidelines seriously. Please review them as they not only set rules, expectations, and what you can expect from us, but they also affect your legal rights, both as a visitor and as a registered User of the Star Network.

By clicking “I accept” or by accessing the Star Network directly or via a third-party server or service, you are agreeing to these Service Terms. This is a legally binding agreement.

3. Who We Are. Ohana Star was founded and is operated by a group of individuals who have lived in apartment buildings and saw a need to be more connected with neighbors and become a part of a lively local community. The purpose of the Star Network is to provide an easy way for Residents to connect and build communities, and for Managers to streamline their work and become a part of the building community. We hope you enjoy the experience. Who we are for purposes of these Service Terms is Star Building Group, LLC.

4. Who You Are. All references to “you,” “your” and similar words in these Service Terms refer to any Manager, Resident, or visitor of the Star Network.

5. Additional Policies, Terms, And Services. You acknowledge that your use of the Star Network is also subject to our Privacy Policy. If you are a Manager, you are also bound by the terms of your Service Agreement, which explains our service options and payment terms. Occasionally, additional features, tools, or services may be made available to you through the Star Network. Additional terms may apply to such additional services, and to the extent you are receiving any additional services, the applicable additional terms are incorporated into these Service Terms by this agreement.

6. Effective Date; Termination. These Service Terms shall become effective for visitors, Managers and Residents on date you register for a Resident Account or Manager Account. Manager Accounts shall become effective as of the date of execution of the Service Agreement and if there is no Service Agreement, upon registration for a Manager Account. Manager Accounts shall continue for the period specified in the Service Agreement or, if not so specified, for automatically recurring monthly terms until terminated (the “Term”).

7. Payment Terms. Ohana Star shall invoice Manager Accounts monthly in advance for use of the Star Network. All amounts set forth on the invoice shall be due within 30 days after Manager’s receipt of the invoice.

8. Late Payments. If Manager fails to pay any fees within 30 days after the date due, Ohana Star may levy late charges of the lesser of one percent (1%) per month or the maximum allowable under applicable law. In addition, failure of Manager to fully pay any undisputed fees within 45 days after the applicable due date shall be deemed a material breach of this agreement, justifying suspension of Manager’s access to the Star Network. Any such suspension does not relieve Manager from paying past due fees plus interest. In the event of collection enforcement, Manager shall be liable for any costs associated with such collection, including legal costs, attorneys’ fees, court costs and collection agency fees.

9. Termination for Cause. Either Manager or Ohana Star may terminate the Service Agreement and these Service Terms immediately in the event that: (a) the other party materially breaches any of its representations, warranties or obligations under the Service Agreement and these Service Terms, and such breach is not cured within 30 days after receipt of notice specifying the breach; or (b) the other party (i) institutes bankruptcy or similar proceedings, or files for a stay of proceedings or similar relief, (ii) has bankruptcy or similar proceedings instituted against it, and such proceedings are not stayed or dismissed within 30 days; (iii) makes an assignment of property or assets for the benefit of its creditors, or (iv) becomes insolvent, or has a liquidator, receiver, manager or administrative receiver appointed. Upon any such termination of this agreement under this Section 8, Manager shall pay all unpaid and outstanding fees through the effective date of termination. If Manager terminates for cause under this Section 8, Ohana Star will refund a prorated portion of any fees paid in advance.

10. Third Party Services. As used in these Service Terms, neither Ohana Star nor Star Network are involved in or liable for, the provision of products or services by third parties (including other Users of the Star Network) (“Third Party Services”) that you may encounter through your use of the Star Network or that you may elect to purchase in connection with your ownership, management and/or, community membership or residency in a building or community that utilizes the Star Network. Third Party Services are provided solely by the applicable third party (“Third Party Service Providers”) and pursuant to separate arrangements between you and the applicable Third Party Service Providers.

11. Changes to the Star Network or These Service Terms. The availability of the Star Network and the content and services you access or use through the Star Network are subject to change in our sole discretion. We may change, suspend, or discontinue all or part of the Star Network at any time in our sole discretion. We also may make modifications, deletions or additions to these Service Terms. Your use of the Star Network is subject to the Service Terms in effect at the time of such use.

We are expressly permitted to impose limits on, and/or restrict your access to the Star Network without notice or liability. We will provide you with notice of material changes to these Service Terms or to the Services we provide that apply to you by posting a notice on the Star Network, and requiring that you agree to updated terms if appropriate in order to continuing using the Star Network. Most changes will be effective immediately upon notice. It is also your responsibility to check these Service Terms periodically for changes. Your continued use of the Star Network following notification of any changes to these Service Terms constitutes acceptance of those changes, which will apply to your continued use of the Star Network going forward. If you don’t agree to the changes, you may terminate your User Account. Please note that you may not be able to access many of our Services without a Star Network User Account.

Your Star Network Account

12. Eligibility. Persons under the age of 13 year-old are not permitted to use the Star Network. Persons under 18-years old are permitted to use the Star Network only to the extent that such use does not require payment by you. These rules constitute the “Eligibility Age.” No one under the Eligibility Age may access or use the Star Network or provide any personal information through the Star Network (e.g., name, address, telephone number or email address). Please be certain you qualify before accessing or using the Star Network in any way. Convicted sex offenders, including registered sex offenders are not eligible for Star Network Accounts.

As determined by us in our sole discretion, we may deny any Account registrations we think would harm other Star Network Users or the community or act inconsistently with our Guidelines and values. We also have the right to terminate Accounts, as described in detail below. By registering for an Account, you agree to provide us with accurate and complete information about yourself. By using or accessing the Member Network in any way, you represent and warrant that you meet the requirements in these Service Terms or as otherwise specified by us from time to time, including the Eligibility Age.

13. Account Information. You are precluded from submitting inaccurate Account information. Providing false registration information violates these Service Terms, our Ohana Star Guidelines, and could constitute a crime. Upon registering for an Account, you may elect to remain anonymous or have your name and registration information visible to other Users.

14. Availability. Ohana Star shall use its commercially reasonable efforts to make the Star Network available for use by all Users 24-hours a day, 7 days a week throughout the Term. You acknowledge that from time to time the Star Network may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades by Ohana Star or third party service providers (“Scheduled Downtime”); malfunctions and errors; and causes beyond the control of Ohana Star or which are not reasonably foreseeable by Ohana Star. These causes include the interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures (collectively “Downtime”). Ohana Star shall use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Star Network in connection with either Downtime or Scheduled Downtime. If the Star Network has an uptime availability of 95% or less, then upon written request by the Manager Account User, Ohana Star will refund a percentage of Manager’s monthly fee equal to the Downtime percentage (e.g., if the uptime availability in a month is 90%, Manager will be entitled to receive a 10% refund on the following month’s payment). Such refund will be the sole remedy for a breach of this section.

15. Use by Affiliates. If Manager wishes to permit its Affiliates to use the Star Network, and Ohana Star approves such use, Manager and such Affiliate shall execute Ohana Star’s Service Agreement. Manager shall remain solely liable for such Affiliates’ acts, omissions, and usage of the Star Network.

Star Network Content

16. Content & Intellectual Property. The information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, links, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Star Network (collectively, “Content”) are contributed by various parts of the Star Network community, which may include Star Building Group, our partners, various third parties, and individuals employed by or otherwise affiliated with companies utilizing the Star Network.

The Content and the Star Network are protected by U.S. and international patent, trademark, and copyright laws. We and our licensors retain all proprietary rights in the Star Network and the Content made available on or through the Star Network, except that our Users own their submitted User Content (defined below), and except as expressly set forth in these Service Terms, no rights are granted to any Content. As between us, our Content includes the name STAR BUILDING GROUP, LLC, OHANA STAR SYSTEMS and any pictures or illustrations of buildings that provide our Star Network to Users, which may not be used for advertising, publicity, or any other purpose without our prior consent.

17. Use of Ohana Star Content. In consideration of a User’s performance of the obligations under these Service Terms, including Manager’s payment obligations, we grant each User of the Star Network a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Star Network during the Term.

18. Restrictions on Use. Other than Manager Accounts, you may only use the Star Network for personal, non-commercial purposes. The license grant in the preceding section does not allow any User to download contact or other information about other Users of the Star Network made available through the Star Network. Such behavior is strictly prohibited unless authorized by the relevant User. Use, download, display, reproduction, modification, distribution, or storage of any Content for purposes other than interaction with other Users of the Star Network, in accordance with these Service Terms and our Ohana Star Guidelines is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any Ohana Star or third party right, or our Ohana Star Guidelines.

19. Availability of Content. We do not guarantee that any Content will be made available on the Star Network. We reserve the right, but do not have any obligation to monitor, remove, edit, or modify any Content, including User Content (defined below), in our sole discretion, at any time, without notice to you and for any reason. We also have the right, but not an obligation, to remove or block any Content, including User Content, from the Star Network.

20. Intellectual Property of Ohana Star. You have no ownership rights in or to any of our intellectual property by accessing or using the Star Network. You may not take, copy, or use for any purpose (a) the name “Ohana Star,” “Ohana Star Systems,” “Star Network,” “Star Network Systems,” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property; (b) any modified, altered or similar versions of the same or (c) any pictures or illustrations of any portion of any property utilizing the Star Network, including any properties on which Ohana Star provides any Services, for any purpose, including any competitive purposes, without our prior written consent. You may not use any Content, data or other information you receive or access in connection with the Star Network to solicit any of our Users, customers or partners, or other individuals or entities you encounter in connection with your use of the Star Network, in a manner that could be considered competitive or harmful to Ohana Star or the community as determined by us in our discretion.

User Content

21. Ohana Star’s Use of User Content. To provide a way and place for you to post your own content, you must grant us a license to do so. Therefore, by contributing, posting, submitting, or otherwise making any Content available to or through the Star Network ( “User Content”), you hereby grant to Ohana Star a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable (through multiple tiers) and transferable license to use, edit, modify, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise utilize in any manner the User Content for commercial and non-commercial purposes, and to allow others to do so, in any medium now known or hereinafter developed, without any duty to notify you or provide attribution or compensation to you. You acknowledge and agree that User Content that you contribute to the Star Network may be accessible by Ohana Star and other Users, including after the termination of your Account, and that once you contribute User Content to the Star Network, you may not be able to remove it. We reserve the right to store, archive, repost, or otherwise make available any User Content contributed to the Star Network at any time after such User Content is contributed. However, if you ask us in writing to delete User Content you have posted, we will do so if permitted by law.

22. Legal Compliance; Contributing Content. You represent and warrant that you have the necessary rights (such as ownership or control) in your User Content to grant the rights required by these Service Terms. You understand and acknowledge that you are legally responsible for your User Content and warrant that your User Content and use of the Star Network will not violate any law or the rights of any person or entity. In other words, you are responsible for your User Content, including its legality, reliability, appropriateness, and accuracy.

23. Copyright Take Down Provisions. If Ohana Star receives a proper notification under the Digital Millennium Copyright Act (“DMCA”) that User Content violates the rights of another user, person, or third-party entity, Ohana Star will investigate. Ohana Star will notify the User who posted the identified User Content that the content has been removed and will accept a response from the User as to why the rights of the notifying party are not violated. Ohana Star may disclose to the User who posted the identified User Content who submitted the DMCA notice. If appropriate, Ohana Star will remove the identified User Content from the Star Network as soon as is reasonably possible. Note that should Ohana Star determine, at its sole discretion, that the User is a repeat offender, Ohana Star may terminate the User’s account, and may remove all the User’s posted content from the Ohana Star Network. To investigate, Ohana Star needs the following information to be sent to our DMCA agent (listed below):

· Your contact information (full name, mailing address, email address, and phone number).*

· A description of the copyrighted work you claim has been infringed.

· A description of the content on Ohana Star’s website/app that you claim infringes the copyright.

· Information reasonably sufficient to permit us to locate the material on our site, such as the precise web addresses (URLs) with the allegedly infringing content.

· A declaration that:

1. You have a good faith belief that use of the copyrighted content described above, in the manner you have complained of, is not authorized by the copyright owner, its agent, or the law;

2. The information in your notice is accurate; and that

3. Under penalty of perjury, you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.

· Your electronic signature or physical signature.

· *Please note that we may provide your name, contact information, and the contents of your report to the person who posted the content you are reporting. If you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. Therefore, consider providing a professional or business email address, mailing address, and phone number.

Ohana Star’s DMCA agent is: Paul Jenkins and their contact information is: 750 N. San Vicente Blvd., Suite 800 West Bldg., West Hollywood, CA 90069; terms@starbuildinggroup.com.

24. Public Content. If you post User Content to public portions of the Star Network, or portions of the Star Network that are viewable by all other Users, you acknowledge and agree that such User Content (“Public User Content”) will be accessible by other Users. You grant each Star Network User a non-exclusive, perpetual license to access your Public User Content and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Public User Content solely in connection with their use of the Star Network in accordance with these Service Terms and any other policies or guidelines made available by Ohana Star.

25. User Content Rights. The foregoing license grants do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content (as long as they do not conflict with the license grants set forth in these Service Terms) unless you otherwise agree in writing. Similarly, except as expressly authorized in these Service Terms or by the relevant individual or entity to which the Content belongs, you may not take, copy, modify, publish, transmit, distribute, perform, display, or sell information belonging to other individuals or entities.

26. Restrictions & Prohibited Uses. You agree not to use the Star Network:

(a) in any way that violates any law or regulation;

(b) for purposes of exploiting, harming, or threatening anyone;

(c) to send, knowingly receive, upload, download, or reuse any material that does not comply with these Service Terms and Ohana Star Guidelines;

(d) to transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including junk mail, spam, etc.

(e) in a way that would disrupt the privacy, professional work or private living environment of other Star Network Users, as decided by Ohana Star in our discretion;

(f) in a way that infringes on anyone else’s intellectual property rights;

(g) in a manner that reveals any restricted, confidential or proprietary information of others, including any other party’s private information such as another individual’s credit card number, social security number or driver’s license number, unless you own the information or have the owner’s permission to post it;

(h) in a way that is prohibited by any employment, contractual or other legal obligation or relationship;

(i) to promote or incite racism, sexism, bigotry, hatred or physical harm of any kind against any group or individual;

(j) to bully or advocate the stalking of or the intimidation of another person or is otherwise harmful, fraudulent, inaccurate, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;

(k) to harm minors in any way;

(l) in a manner that violates the privacy of any individual or entity;

(m) to impersonate any Star Network User, person, or entity, including without limitation any employee or representative of Ohana Star, or to imply that any statements you make are endorsed by us, or a Star Network User without the applicable party’s consent, is connected with any activity or business that is illegal, fraudulent or otherwise inappropriate or objectionable;

(n) in any manner that contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program;

(o) to use any manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Star Network;

(p) in any way that could disable, overburden, damage, or impair the site or interfere with the sites use;

(q) to use any process to monitor or copy any of the material on Star Network without prior written consent;

(r) to collect email addresses or other contact information of Users without their prior consent;

(s) to “frame” or “mirror” any portion of the Star Network or attempts to decompile, reverse engineer, or otherwise attempt to obtain the source code of the Star Network; or

(t) to otherwise attempt to interfere with the proper working of Star Network.

Content Is Information

27. Please Use Common Sense. We believe your User Content helps our community grow. However, all Content on the Star Network is for general informational purposes only. You may encounter material that you find erroneous, misleading, mislabeled, offensive or otherwise objectionable. Please use common sense and proper judgment when using the Star Network or any Content or information found on or through the Star Network. We do not endorse any opinions expressed via the Star Network, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. We have no obligation to pre-screen or monitor any User Content. We cannot guarantee that any User Content will be accurate or otherwise in compliance with these Service Terms.

We may, in our sole discretion and without notice:

(a) edit, delete, or move any of your content or any information transmitted to or from your Account. We may do this at any time and for any reason. If we provide a notice indicating we have reviewed any User Content, it does not mean that we have verified the information in the User Content;

(b) terminate or suspend your access to all or part of the Star Network;

(c) take appropriate legal action for illegal or unauthorized use of the Star Network;

(d) disclose your identity or other information about you to third parties claiming material posted by you violates their rights.

28. Advertisements. In using the Star Network, you may encounter advertisements from Third Party businesses, service providers and our other business partners, which may be targeted to you based on the location of the building you own, manage or your residency and certain information you provide to us. The types and extent of advertising are subject to change. In consideration for us granting you access to and use of the Star Network, you agree that we, such Third-Party local businesses, service providers and other business partners may provide you with such advertising from time to time.

29. Endorsements and Testimonials. From time to time, we may also publish testimonials by Star Network Users related to their experiences with various Ohana Star Services or Third-Party Services. Names, locations, dates, and other information may be changed to protect the privacy of the Users involved. These testimonials represent individual results and are not verified by us and are the subjective opinions of the Users providing such testimonials. Any testimonials or endorsements of any type, format or nature posted by Users may not be verified and we make no warranty or representation as to their accuracy. We do not claim that any testimonials or endorsements of any type are typical results that other Users will generally achieve.

Ohana Star Services

30. Management Dashboard. The management dashboard offers management tools for Managers, accessible by Managers upon registration for a Manager Account on the Star Network and completion of the Service Account.

31. Ohana Share. Ohana Share, where available, is a community service intended to help connect residents and Star Network Users to share with fellow residents, office users, community members, and Star Network Users. You must be at least 18 years old to provide or receive services on Ohana Share. If you are not eligible to use the Star Network, you must not use Ohana Share. We reserve the right to waive or modify our Ohana Share eligibility requirements in individual instances where we determine in our discretion that doing so would be in the best interests of the residents and the community as a whole.

32. Ohana Star Marketplace. The Ohana Star Marketplace, where available, is a community marketplace where Star Network Users can buy and sell goods and services offered by fellow Star Network Users. We encourage all Users of the Ohana Star Marketplace to deal fairly and openly with other Star Network Users in accordance with our Ohana Star Guidelines. After contacting Star Network Users on the Ohana Star Marketplace we encourage Users to deal face-to-face to come to the best agreement and avoid any potential problems or scams. Ohana Star System makes no promises, guarantees, or warranties as to the Ohana Star Marketplace, its accuracy, availability, timeliness, propriety, security or reliability of goods or services offered by other Star Network Users. Your access and use of the Ohana Marketplace are at your own risk and all goods and services listed on the Ohana Star Marketplace are provided “AS IS” and “AS AVAILABLE.” There are no financial transactions provided directly by the Ohana Star Marketplace.

33. Interacting with Other Users/Residents. You agree to use Star Network’s User-to-User transactional features, such as Ohana Share or Ohana Star Marketplace, for their intended purpose only, and you acknowledge that your Account is for your personal use only. Our Ohana Star Guidelines outline our expectations regarding appropriate use of these Star Network Services. Please be fair and neighborly in your comments, and do not post any personal information (e.g., address, mobile number, or photos) that isn’t already part of another Star Network User’s profile. If a User discloses his or her personal information to you, pursuant to the Ohana Star Guidelines please respect his or her privacy and do not disclose or disseminate any private User information without the User’s express consent. Use of Ohana Share or any similar feature does not make us an employer, placement agency, representative, or agent of/for you or any other resident. You and the other Star Network User, rather than Ohana Star, are responsible for complying with the laws, such as tax or employment laws, applicable to transactions between you.

Account Termination

34. About Termination. A Star Network Account is required to access and use most Ohana Star Services. If you want to terminate your Star Network Account, you acknowledge and agree that you are giving up your ability to access and use any Services requiring a Star Network Account. You can terminate your Star Network Account by deactivating your Star Network Account through the Star Network or contacting an Ohana Star Account Manager at the address provided at the end of this agreement.

35. Termination by Ohana Star. These Service Terms and our Ohana Star Guidelines outline our expectations and rules regarding appropriate use of the Star Network. If you fail to comply, or if we suspect that you have failed to comply with any of the provisions of these Service Terms, Ohana Star Guidelines, or any other Ohana Star policies, rules or guideline, or at any other time see fit to do so, we may, at our sole discretion, restrict your access to your Account and the Star Network and/or terminate your Account with immediate effect.

36. Effect of Termination. Unless we decide to remove your previously contributed User Content, your User Content and the information from the profile associated with your Account, shall publicly appear attributed to “Anonymous,” after the termination of your Account.

Disclaimer Of Warranties; Limitations of Liability

37. Waiver and Release of Claims. The Star Network is provided “AS IS.” To the extent permitted by law, Ohana Star Systems and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Star Building Group Parties”) (a) disclaim all warranties and terms, express or implied, with respect to the Star Network, including warranties, terms or representations as to the availability, operation, performance and/or use of the Star Network, or any other Services including Ohana Share and Ohana Star Marketplace, Content or materials on or accessed via the Star Network, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing, course of performance or usage in trade and (b) will not be liable for any indirect, special, incidental, exemplary, punitive or consequential damages, business interruption or loss of profits, or damages for lost time, goodwill or data, even if advised of the possibility of such damages and regardless of the form of action, whether in contract, tort, strict liability or otherwise.

To the extent permitted by law, you, on your own behalf and on behalf of your agents, guests and invitees, (i) waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable attorneys’ fees (“Claims”) against the Star Building Group Parties resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet and (ii) release the Star Building Group Parties from any such Claims.

38. No Liability for Actions of Others. We do not control and are not responsible for the actions of other individuals or Users you encounter through the Star Network. You should be aware that other Star Network Users or third parties may not be who they claim to be. We do not perform background checks on our Star Network Users, nor do we guarantee that our Star Network Users’ profiles or Account information are accurate. We do not endorse, support, or verify the facts, opinions or recommendations of our Star Network Users. If a dispute arises between Users, we shall have no responsibility or obligation to participate, mediate, or indemnify any party.

39. No Liability for Third-Party Services or Products. The Star Network may provide you with access to products, Services, or advertisements provided by Third Party Service Providers or our other business partners. We are not responsible for the content of these advertisements or any links, products, services, or other materials relating to any products, services, advertisements, or other materials provided by Third Party Service Providers. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use of or reliance on any advertisement on the Star Network or any products, services or other materials relating to any advertisement. You agree that our making available access to or discounts for any Third Party Services does not constitute provision of such Third Party Services by us, and you will look solely to the applicable Third Party Service Provider for provision of the applicable Third Party Service and for compensation for any claims, damages, liabilities or losses you may incur in connection with such Third Party Service.

40. Manager Indemnity. Manager agrees to indemnify and hold Ohana Star, its vendors, and their respective officers, directors, members, employees, representatives and agents (the “Indemnified Parties”) harmless from and against any claim, loss, damage, liability, cost and expense (including attorneys’ fees) (“Claims”) incurred by or asserted against any of them by third parties, including Residents, office users, or community members, which arises out of or is connected with (a) Resident or Manager’s accounts use of the Star Network and/or (b) User Content provided for use in connection with the Star Network. Ohana Star agrees to provide Manager with prompt notice of such Claims.

41. You Agree to Cooperate With Us. From time to time, we may investigate any actual, alleged, or potential violations of these Service Terms. You agree to cooperate fully in any of these inquiries.

42.  Force Majeure. Ohana Star shall be excused from performance hereunder for the period of time and to the extent that Ohana Star is prevented from providing the Star Network, in whole or in part, as a result of delays caused by User, an act of God, war, terrorism, civil disturbance, court order, labor dispute, third party non-performance or other cause beyond Ohana Star’s reasonable control, including failures or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment and such non-performance due to the force majeure event alone shall not be a default or a ground for termination.

Governing Law and Arbitration

43. Governing Law. These Service Terms and any matters directly and exclusively related to the Star Network shall be governed by and construed under the applicable laws of the State of California, and the United States without regard to conflicts of laws provisions.

44. Arbitration. Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to these Terms, or at law, or the breach, termination or invalidity of these Terms, that cannot be settled amicably by agreement of the parties to these Terms shall be finally settled in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators selected in accordance with said rules. The place of arbitration shall be Los Angeles, California, U.S.A.

45. Proceedings; Judgment. The arbitration proceedings shall be confidential. The award rendered shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action, suit or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable.

Miscellaneous

46. Entire Agreement/Integration Clause. These Service Terms as well as the Ohana Star Guidelines, Manager Service Agreement and any feature-specific or other guidelines, terms or rules that may be posted or provided to you by Ohana Star Systems and related to the Star Network constitute the entire agreement between us regarding the Star Network and supersedes and merges any prior proposals, understandings, and contemporaneous communications.

47. Enforceability; No Waiver. If any provision of these Service Terms is held to be invalid, illegal, or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Service Terms shall otherwise remain in full force and effect and enforceable. Our failure to enforce any part of these Service Terms shall not constitute a waiver of our right to later enforce that or any other part of these Service Terms. For any waiver of compliance with these Service Terms to be binding, we must provide you with written notice of such waiver. The failure of either party to enforce its rights under these Service Terms at any time for any period will not be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.

48. Relationship of the Parties. You and Ohana Star Systems are independent parties to this agreement, and no agency, partnership, or joint venture relationship is intended or created by these Service Terms.

49. Interpretation. The section and paragraph headings in these Service Terms are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these Service Terms shall be read as being followed by “without limitation” where appropriate.

50. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Service Terms there shall be no third-party beneficiaries.

51. Geographic Restrictions. Ohana Star and the Star Building Group are in California in the United States. We provide the Star Network for use only by persons located in the United States. We make no claims that the Star Network is accessible or appropriate for anyone located outside the U.S.

52. Survival. Even after your access to the Star Network is terminated, or your use of the Star Network discontinues, certain of these Service Terms will remain in effect. All terms that by their nature may survive termination of these Service Terms shall be deemed to survive such termination.

How Can You Contact Us? If you have any questions, complaints, or claims with respect to the Star Network, you may contact us at Attn: Star Building Group, LLC, 750 N. San Vicente Blvd., Suite 800 West Bldg., West Hollywood, CA 90069 or at: terms@starbuildinggroup.com