Last Updated: October 2024

Makani Ventures, Inc. (“Makani,” “we,” “our,” or “us”) provides [https://makanihomes.com] and the other websites under the [makanihomes.com] domain, and corresponding mobile application and Members-only Notion site (collectively, the “Platform(s)”), and access to home swapping services (collectively with the Platforms, the “Services”), subject to your compliance with all the terms, conditions, and notices contained or referenced in these Terms of Service (the “Terms”). By using the Platform(s) and the Services in any way, you agree to comply with and be bound by these Terms, our Privacy Policy (“Privacy Policy”), and all other addendum policies incorporated into these Terms by reference herein, as well as any other legal notices or guidelines posted on the Platform(s).

Makani offers an online community via the Platforms where accepted users (“Members”) may “house swap” by using points (“Points”) earned from making their home(s) (“Homes”) available to other Members for accommodation at agreed-upon times. Members can then use those points to stay at other Members’ Homes after agreeing with one another on specific dates.

To become a Member and thereby access and use the Services, you must apply to list your home Home(s). Once Makani has reviewed and approved your account based on its then-current internal criteria, your Home(s) will be featured and made available for booking by other Members via the Platforms. Members who stay at another Member’s Home are “Guests;” Members who host other Members are “Hosts.”  Guests can browse available Homes and request stays through the Platforms.

As a Member, you are solely responsible for keeping your account information accurate and up to date. As the provider of the Platform, Makani does not directly own, control, offer, or manage any Homes. For the avoidance of doubt, Makani is not a party to the contracts entered into directly between Hosts and Guests, nor is Makani a real estate broker, travel agency, or insurer. Makani is not acting as a representative or agent in any way for any Member.

When using the Services, you are responsible for understanding and agree to comply with all applicable laws, rules, and regulations and contracts with third parties that apply to you providing accommodation to Guests.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MAKANI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS.

1. Agreement to Terms. By using the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information.
3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms to the Platforms and/or by sending other communications. It’s important that you review the Terms whenever we update them as your continued use of the Services after any such change constitutes your acceptance and agreement to the changes. If you do not agree to any such changes, do not use or access (or continue to use or access) the Services. In order to continually improve your access to or use of the Services, we may change or discontinue all or any part of the Services, at any time and without notice in our sole discretion.
4. Who May Use the Services?
   1. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Makani, and not otherwise barred from using the Services under applicable law. For certain features of the Services, you will need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
   2. You may use the Home Swapping Service once your application to become a Member has been approved. Before taking trips, Members are responsible for paying any membership fees due to Makani based on their membership tier and trip details (the “Membership Fee”). You also have to be an owner or lessee of an “Eligible Property”. An Eligible Property must first be approved by Makani based on Makani’s then-current criteria and policies., and meet the requirements set forth in: Property Requirements.
5. Using the Home Swapping Service.
   1. Searching the Homes. Members can use the Platforms to search available Homes based on certain search criteria designated by you. Search criteria include things like state and additional criteria as the Platforms are advanced.
   2. Booking. When you receive the booking confirmation, a contract for accommodation (a “Reservation”) is formed directly between you and the Host. In addition to these Terms, you will be agreeing to whatever terms and conditions for the accommodation the Host included in the Reservation. After the Reservation has been made, modification to the Reservation has to be mutually agreed to by the Guest and the Host, and either person may cancel, but cancellation penalties may apply according to the cancelation policy.
   3. Concierge Services. Makani provides Guests with various concierge services during their stay at a Home. These services include things like facilitating communications between the Guest and the Host, acting as principal point of contact if there are any issues with the Home, and providing general customer services. Guests can communicate with their concierge by telephone, email, text, and direct messages.
   4. Cancellations and Refunds. In general, if as a Guest you cancel a Reservation, the number of points that are refunded to you is determined by our Trip Cancellations, Adjustments, and Trip Protection Policies
6. Guest Responsibilities.
   1. Guest Responsibilities. As a Guest, you are responsible and liable for your own acts, omissions, and representations and are also responsible for the acts, omissions, and representations of anyone you invite into the Home. All Guests and anyone you invite into the Home must follow the policies set forth in our Member Code of Conduct. A violation of the Code of Conduct shall constitute a violation of these Terms. Violations of the Code of Conduct will result in certain penalties, so be sure to read and abide by it carefully.
   2. Contract with Host. As a Guest, when you have a confirmed Reservation, you are entering into a contract directly with the Host, which incorporates all these Terms, and any other terms and conditions agreed to between the Host, Guest, and Makani in the Reservation. Hosts can add terms and conditions for how they host (e.g., when the Home is available, and rules of staying in the Home, etc.). This includes arrangements regarding pets and travel companions of the Guest. Hosts are responsible for keeping their Home’s availability accurate. Makani has no obligations to Guests with respect to the information provided by the Host about themselves or their Homes.
   3. Pets, Plants, and Other Personal Undertakings. In advance of any stay, Members may agree between themselves to let a Guest bring a pet into a Host’s home, or let the Host leave a pet or plants behind for the Guest to care for. Guests may not bring pets to Members’ homes unless the animal(s) is/are expressly approved by the Host in advance. Hosts may leave pets at home while a Guest is staying provided the Guest has agreed in advance to care for the animal. Notwithstanding the above, in no circumstance shall Makani be responsible for caring for a Member’s pets, plants, or other personal undertakings, and/or be held liable for any injury or damage involving a Member’s pets, plants or other personal undertakings.
   4. Vehicles. In advance of any stay, Members may agree between themselves to let a Guest use any vehicles left behind for the duration of the stay. Guests may not use or operate any cars left behind by the Host if usage is not expressly approved by the Host in advance. Notwithstanding the above, in no circumstance shall Makani be responsible or liable for any Member’s vehicle and/or be held liable for any injury, fines, fees, tolls, tickets or damage involving a Member’s vehicles personal undertakings.
   5. Travel Companions and visitors. A Guest is allowed to let friends stay overnight with them so long as all travel companions are disclosed to Makani and the Host, and the Host expressly approves of the Guest’s companions at least 24 hours in advance of the stay. Makani requires the full name, ID and email of any individuals over the age of 18 staying with the Guest. The Host reserves the right to refuse to allow friends of the Guest to stay. The Guest agrees to assume responsibility for the acts, representations, and omissions of their travel companions.
   6. Parties, Gatherings and Additional Visitors. Guests may not hold gatherings with 4 or more individuals present at a booked Makani home unless the gathering is disclosed to Makani and to the Host, and approved by the Host, at least 24 hours before the gathering. The Host’s approval must be documented within Makani’s communication channels. This policy applies to any gatherings day or night, of any nature. The Guest agrees to assume responsibility for the acts, representations, and omissions of all individuals in the home and must ensure all individuals are aware and adhere to the Terms the Host set for their home. Within those terms, the Host may refuse to allow any additional individuals in their home that are otherwise not included in the reservation.
   7. Vacating the Home. As a Guest, you must: (i) leave the Home in the same condition as it was in when you arrived; and (ii) vacate the Home at the date and time agreed to in the Reservation. If you do not vacate the Home on the date and time designated in the Reservation, the Host may use legal remedies to force you to vacate which could include imposing monetary penalties on you.
   8. Assumption of Risk. Guest acknowledges and agrees that utilizing the Services may result in injuries, losses or damages, including, without limitation, personal injury or death, or damage to real or personal property. Guests assume all risks associated with themselves, their travel companions or additional visitors utilizing the Services, including without limitation all risks arising from or related to the use of pools, hot tubs, or any other body of water on or near Host’s Home, and to the maximum extent permitted by applicable law, waive any claims for said injuries or damages against the Host of their stay, or against Makani.
7. Host Responsibilities.
   1. Host Responsibilities. As a Host, you are responsible and liable for your own acts, omissions, and representations. Hosts must follow the policies set forth in the Member Code of Conduct and How-to-Prep-Your-Home Guide (included in your welcome materials). A violation of the Code of Conduct or How-To-Prep-Your-Home Guide shall constitute a violation of these Terms. A violation of the Code of Conduct shall constitute a violation of these Terms. Violations of the Code of Conduct will result in certain penalties, so be sure to read and abide by it carefully.
   2. Contract with Guest. As a Host, when you have a confirmed Reservation, you are entering into a contract directly with the Guest, which incorporates all of the terms and conditions contained herein as well as in the Reservation for Guests staying in your Home.
   3. Independence of Hosts. The relationship that Host has with Makani is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Makani. Makani does not direct or control the accommodation provided by you as a Host, and you agree that you have complete discretion whether and when to provide accommodation at your Home, and whether and what parts of your home you wish to make private and/or to restrict access.
   4. Home Features. Hosts are responsible for providing Makani with the features of their Home, including, but not limited to, information regarding bedroom and bath count, size of beds, number of workstations, WiFi availability, amenities, lifestyle filters, availability of pets and more. Your member profile must include complete and accurate information about your Home, and you must notify Makani of any changes.
   5. Monitoring devices. To help provide Hosts and Guests with peace of mind, Hosts may have security surveillance devices that monitor the exterior of the Home, provided their presence is disclosed in advance. All other monitoring devices infringe on another person’s privacy and need to be removed or disabled during a Guest’s stay. Rules about devices apply to all cameras, recording devices, smart devices, and monitoring devices.
   6. Weapons. Guests may not bring firearms or other weapons into a Member’s home. Hosts’ firearms and weapons must be unloaded, disarmed, and securely stored in a locked container that is inaccessible to Guests or children. Wherever possible, ammunition should be stored separately.
   7. Cancellation. You agree that Makani’s Cancellation Policy and the terms contained therein govern any cancellations.
   8. Damage Complaints. It is imperative that Guests treat the Host's homes better than they treat their own. Within two (2) business days of discovering damage, a Host must notify their Makani concierge with evidence that the Guest, or anyone the Guest invited into the Home, damaged the Host’s Home or the personal property contained therein (“Damage Claim”). All Damage Claims must be made within thirty (30) days of the Guest leaving the Home. Makani and Guest will have no obligation or liability under these Terms with respect to a Damage Claim that is made after thirty (30) days of the Guest leaving the Home. Makani will notify the Guest if the Damage Claim is over $200.00. Makani will work collaboratively with the Host and Guest to find an acceptable solution, so long as the parties act with honesty and in good faith. Makani reserves the right to seek reimbursement for accidental or intentional damage from a Member or their existing insurance policies if Makani covers repair costs whether or not those costs are later covered by other insurance policies. Guests agree that Makani may seek to recover from you or under any insurance policies you maintain and that Makani may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. Members agree to cooperate in good faith and provide any information Makani requests in connection with Damage Claims, Host complaints, claims under insurance policies, or other claims related to your provision or use of the Home Swapping Service.
   9. Liability Insurance. Hosts should acquire and maintain suitable insurance coverage for themselves, and their property related to Hosts’ decision to engage in Home Swapping. Makani doesn't currently offer insurance coverage.
   10. Legal Obligations. Hosts are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to their Home. Since this is “house swap”, Makani does not classify this as a rental. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing this type of accommodation. In some places, providing accommodation at their Home may be prohibited altogether. Some jurisdictions require that Hosts register Guests who stay at their Home. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. Some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. You must check applicable local rules to learn what rules apply to the accommodation you intend to offer. Information Makani provides regarding legal requirements is for informational purposes only and you should independently confirm your legal obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. You should seek legal advice if they have questions about local laws.
   11. Assumption of Risk. Hosts acknowledge and agree that utilizing the Services may result in injuries, losses or damages, including, without limitation, personal injury or death, or damage to real or personal property. Hosts assume all risks associated with utilizing the Services, including without limitation all risks arising from or related to the use of pools, hot tubs, or any other body of water on or near Host’s Home, and to the maximum extent permitted by applicable law, waive any claims for said injuries or damages against the Guest or against Makani.
8. Makani Responsibilities. Makani offers the Services as a technology services provider of the Platform, as well as providing concierge services to Guests. You acknowledge and agree that Makani is not responsible for any act, omission, or representation made by any Member, whether such representation is made by Makani on behalf of a Member or by and between the Members directly. We may, including, without limitation: (i) review, disable access to, remove, or edit User Content (as defined below); (ii) maintain and enforce any quality or eligibility criteria, including by removing Homes; (iii) deny or revoke membership to any person; and (iv) discontinue the Services at any time.
9. Fees. To become a Member, you agree to pay Makani the applicable Fees upon booking any Reservation.
   1. General. When we charge you a Fee (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your point card number, the expiration date of your point card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
   2. Makani Membership. The amount of the Membership (”Membership”) is included in the Pricing Schedule located at Pricing Schedule. The Membership will begin once you complete your payment in full or your first of 4 quarterly payment installments. You will be charged the annual Membership, plus any applicable taxes and other charges (if any), at the beginning of your membership and each year thereafter, at the then-current annual ****Membership Fee, unless and until canceled by you. You may also elect to pay for your annual Membership in 4 quarterly installments pursuant to the then-current Membership Fee option for quarterly payments as set forth in the Pricing Schedule. For the avoidance of doubt, this is NOT a quarterly membership option. Rather, you can pay for the annual membership in quarterly payments or all at once. BY PURCHASING A MEMBERSHIP PASS, YOU AUTHORIZE MAKANI TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Membership, we (or our third-party payment processor) will automatically charge you each year (or each quarter) on the anniversary of the commencement of your Membership Pass using the Payment Information you have provided until you cancel your membership. No less than thirty (30) days and no more than sixty (60) days before your Membership term ends, or otherwise in accordance with applicable law, Makani will send you a reminder with the then-current Membership Fee. By agreeing to these Terms and electing to purchase a Membership, you acknowledge that your membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your membership by you or Makani. Your Membership Pass continues until canceled by you or we terminate your access to or use of the Services in accordance with these Terms.
   3. Canceling Makani Membership. YOUR PURCHASE OF A MEMBERSHIP PASS IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR MEMBERSHIP AT ANY TIME. Without limiting the foregoing, you may elect not to renew your Membership at any time, but please note that such cancellation will be effective at the end of the then-current membership period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR MEMBERSHIP PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE MEMBERSHIP PASS PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to [email protected] or contact your concierge. You will be responsible for all Membership Fees (plus any applicable taxes and other charges) incurred for the then-current membership period. If you cancel, your right to use the Services will continue in accordance with Makani’s Base Membership tier as set forth in the Pricing Schedule upon the termination of your annual membership.
   4. Canceling Makani Membership. Your membership with Makani (”Makani Membership”) continues until canceled by you or we terminate your access to or use of the Services in accordance with these Terms. If your Makani Membership is canceled or terminated for any reason, you will be responsible for all trips fees or Membership Pass Fees incurred to date. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE FEES PAID FOR ANY TRIPS OR MEMBERSHIP AT THE TIME OF CANCELLATION OR TERMINATION. If your Membership is cancelled or terminated, your right to use the Services will cease immediately. To cancel, you can send an email to [email protected], or contact your concierge.
10. Points.
    1. General. Once a Member joins the community, they will receive the number of points set forth in the Pricing Schedule located at Pricing Schedule. Members earn one (1) point for every night a Guest stays at their Home. Members use one (1) point for each night they stay in another Member’s Home. If Members make a reciprocal swap of their Homes for an equal number of nights, no points are used or earned. Points can only be earned by letting a Member stay at your Home, or as otherwise set forth in the Pricing Schedule.
    2. Non-Transferable; Non-Refundable. points are non-fungible and cannot be transferred, gifted, or sold to another Member. points ARE NON-REFUNDABLE AND HAVE NO CASH VALUE. ANY POINTS NOT USED BY A MEMBER DURING THEIR MEMBERSHIP PERIOD ARE FORFEITED.
11. Your Content.
    1. Posting Content. Our Services may allow you to store or share content such as photos, images, videos, audio, graphics, files, documents, features and amenities of your home, home availability, or text communications with Makani or others. Anything (other than Feedback (as defined below)) that you post or otherwise make available to Makani or others through the Services is referred to as “User Content”. Makani does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. However, User Content does not include photography or videography created or paid for by Makani of your Home and its environs. Makani shall be sole owner of all rights, including copyrights, in all media taken and delivered to Makani. Makani reserves the right to use home photography or videography in marketing materials, which may include posting the photos or videos on other internet platforms such as social media sites.
    2. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Makani a non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify (for formatting purposes), create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, providing, and marketing the Services (e.g., using your User Content in presentations, customer lists, and related marketing materials).
    3. Reviews. User Content includes reviews that Guests and Hosts may make following a Guest’s stay. Your review must be accurate and may not contain any discriminatory, offensive, or defamatory language. Reviews are not verified by Makani for accuracy and may be incorrect or misleading.
    4. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content made available through the Services, nor any use of your User Content by Makani on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    5. Removal of User Content. You can remove your User Content or portions thereof by contacting Makani and requesting to have specific User Content removed, and Makani will promptly comply with such requests. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
    6. Makani’s Intellectual Property. We may make available, through the Services, content that is subject to intellectual property rights. We retain all rights to that content.
12. Rights and Terms for Apps.
    1. App License. If you comply with these Terms, Makani grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
    2. Additional Information: Apple App Store. This Section 12(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
13. General Prohibition and Makani’s Enforcement Rights. You agree not to do any of the following:
    1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
    2. Use, display, mirror or frame the Services or any individual element within the Services, Makani’s name, any Makani trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Makani’s express written consent;
    3. Use the Services or any other data or information related to or obtained via the Services in any manner that is competitive to Makani, including by way of example only and without limitation, using the Services to meet Members and subsequently engage with such Members outside of the Makani Platforms to coordinate or arrange stays at Member homes.
    4. Access, tamper with, or use non-public areas of the Services, Makani’s computer systems, or the technical delivery systems of Makani’s providers;
    5. Attempt to probe, scan or test the vulnerability of any Makani system or network or breach any security or authentication measures;
    6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Makani or any of Makani’s providers or any other third party (including another user) to protect the Services;
    7. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Makani or other generally available third-party web browsers;
    8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    9. Use any meta tags or other hidden text or metadata utilizing a Makani trademark, logo URL or product name without Makani’s express written consent;
    10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
    11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
    12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    13. Collect or store any personally identifiable information from the Services from other users of the Services other than in accordance with these Terms;
    14. Impersonate or misrepresent your affiliation with any person or entity;
    15. Violate any applicable law or regulation; or
    16. Encourage or enable any other individual to do any of the foregoing.