Please read these Terms carefully. By accessing or using the Site, you agree to be bound by them. If you do not agree, please do not use the Site.
1. Acceptance of Terms
By accessing or using the Site, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy, which is incorporated here by reference. These Terms form a binding agreement between you and Ulumano LLC regarding your use of the Site.
2. Changes to These Terms
We may update these Terms from time to time to reflect changes to our Site, our services, or applicable law. When we make a material change, we will update the Effective Date shown above and, where reasonable, provide additional notice on the Site. Your continued use of the Site after an update means you accept the revised Terms. We encourage you to review this page periodically.
3. Eligibility
The Site is intended for users who are at least 18 years old and capable of forming a binding contract under applicable law. By using the Site, you represent that you meet these requirements. The Site is not directed to children, and we do not knowingly collect personal information from children.
4. Purpose of the Site
The Site is an informational and marketing resource. It exists to describe who we are, share our approach, display selected portfolio work, and invite prospective clients to contact us. Nothing on the Site is an offer to enter into a contract for services. Any engagement between Ulumano LLC and a client is established only through a separately executed proposal, professional services agreement, statement of work, or other written agreement signed by both parties.
5. Services Described on the Site
The Site describes our brand strategy, brand identity, and related consulting services, including offerings currently named Pehuea and Holunape, together with optional add-ons. Descriptions of scope, timeframes, deliverables, and the number of refinement rounds shown on the Site are illustrative starting points. The actual scope, timing, deliverables, and fees for any engagement will be set out in the written agreement signed by Ulumano and the client for that engagement, and that written agreement shall govern.
6. Informational Content Disclaimer
Content on the Site — including articles, case studies, process descriptions, and any other written or visual material — is provided for general informational purposes only. It is not intended as, and should not be relied upon as, legal, financial, accounting, tax, marketing, or other professional advice for any particular situation. You should consult a qualified professional before acting on information you read here.
7. Intellectual Property
7.1 Our Content
Except as noted below, all content on the Site — including text, copywriting, graphics, illustrations, photographs, video, audio, layouts, page designs, the "Ulumano" name and logo, product and package names such as Pehuea and Holunape, and any other names, logos, or marks used by Ulumano — is owned by Ulumano LLC or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. All rights are reserved unless expressly stated otherwise.
7.2 What You May Do
You may view, download temporarily to a personal device, and print portions of the Site solely for your own personal, non-commercial reference, provided that you keep all copyright and other proprietary notices intact. This is a limited, revocable, non-exclusive, non-transferable permission — not a transfer of ownership.
7.3 What You May Not Do
Except with our prior written permission, you may not:
copy, republish, redistribute, sell, license, or exploit any part of the Site or its content;
use our name, logo, or marks in a way that suggests sponsorship, endorsement, or affiliation that does not exist;
modify or create derivative works from Site content;
remove or alter any copyright, trademark, or other proprietary notice;
use the Site or its content to train machine-learning or generative AI models; or
use any part of the Site for commercial purposes.
8. Portfolio Work and Case Studies
The Site features work Ulumano has produced for clients. Ownership of deliverables produced in a client engagement is set out in the written agreement between Ulumano and that client. Where portfolio pieces, case studies, images, or testimonials are shown on the Site, they are displayed with the client's permission or under rights reserved in the engagement agreement. Client confidential information is not published on the Site.
Third-party names, logos, and marks appearing on the Site — including client marks displayed within case studies and testimonials — remain the property of their respective owners and are used for identification and portfolio-display purposes only.
9. User Conduct
When using the Site, you agree not to:
use the Site for any unlawful purpose or in violation of these Terms;
attempt to gain unauthorized access to any portion of the Site, its servers, or related systems;
interfere with or disrupt the Site or its underlying infrastructure;
introduce viruses, malware, or any other harmful code;
probe, scan, or test the vulnerability of the Site or bypass any security or access controls;
use bots, scrapers, crawlers, or other automated means to access, extract, or index Site content, except that general-purpose search-engine indexing that respects our robots directives is permitted;
reverse engineer or attempt to derive the source of any Site software;
harvest email addresses, phone numbers, or other contact information;
send unsolicited communications, spam, or advertisements through any Site feature; or
impersonate any person or misrepresent your affiliation with any person or entity.
10. Inquiries and Communications
If you contact us through the Site — for example, by submitting a consultation request or emailing us — you agree that:
the information you provide is accurate and submitted by you (or with authority to act on behalf of the organization you represent);
we may respond to your inquiry using the contact details you provide;
your inquiry does not create a client relationship, and no client relationship exists until we have countersigned a written engagement agreement with you or your organization; and
submitting an inquiry does not, by itself, entitle you to any specific response, engagement, availability, or scope of work.
Any ideas, feedback, or suggestions you voluntarily send us that are not otherwise confidential may be used by Ulumano to improve the Site or our services without obligation to you.
11. Testimonials
Testimonials, quotes, and videos on the Site reflect the experiences of specific clients at specific points in time. They are not guarantees or promises of similar outcomes for any other client. Individual results depend on the client's situation and many factors outside our control.
12. Third-Party Links, Embeds, and Services
The Site may contain links to, or embeds from, third-party websites and services — for example, YouTube videos, social-media profiles, or an external client portal. We do not control these third parties, and we are not responsible for their content, availability, terms, privacy practices, or how they may collect or use your information. When you click through to a third-party service or interact with an embed, you do so at your own risk and subject to that third party's terms and privacy policy.
The presence of a link or embed on the Site does not imply endorsement of that third party.
13. Privacy
Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect information. Please review it.
14. Website Availability, Errors, and Changes
We aim to keep the Site accessible and accurate, but we do not guarantee uninterrupted, error-free, or continuous availability. We may modify, suspend, or discontinue any part of the Site, temporarily or permanently, at any time and without notice. The Site may occasionally contain typographical errors, inaccuracies, or omissions relating to descriptions, availability, or timing of services; we reserve the right to correct any such errors and to update the Site at any time without prior notice.
15. Disclaimer of Warranties
To the fullest extent permitted by law, the Site and all content on it are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or quiet enjoyment.
We do not warrant that the Site will meet your requirements, that it will operate without interruption or error, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. Any material you view or download is accessed at your own discretion and risk.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions above may not apply to you.
16. Limitation of Liability
To the fullest extent permitted by law, Ulumano LLC, its members, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, revenue, data, goodwill, or business opportunity — arising out of or related to your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Site or these Terms will not exceed one hundred U.S. dollars (US$100.00). This limit does not apply to liability that cannot be limited under applicable law.
17. Indemnification
You agree to defend, indemnify, and hold harmless Ulumano LLC, its members, officers, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of any right of another person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate in asserting any available defenses.
18. Copyright Infringement Notices
We respect the intellectual property rights of others. If you believe that material accessible on or from the Site infringes your copyright, you may send a written notice to our designated agent that includes:
a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing and its location on the Site (including a URL);
your contact information — address, telephone, and email;
a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Send notices to our designated agent at:
Ulumano LLC
Kuʻuhiapo Jeong, Business Owner
P.O Box 7252, Hilo, HI 96720
kuuhiapo@theulumano.com
We may respond to notices as required by applicable law, including by removing or disabling access to material claimed to be infringing.
19. Termination of Access
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution — will survive.
20. Governing Law
These Terms and any dispute arising out of or relating to them or your use of the Site are governed by the laws of the State of Hawaiʻi, United States of America, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
21. Dispute Resolution and Venue
We would rather resolve concerns directly. Before filing any lawsuit, you agree to first contact us at kuuhiapo@theulumano.com and give us at least thirty (30) days to attempt to resolve the matter in good faith through informal discussion. If we cannot resolve the matter informally, then, to the fullest extent permitted by law, any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Hawaiʻi County, State of Hawaiʻi, and you consent to the personal jurisdiction and venue of those courts.
22. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified only to the extent necessary to make it enforceable, or, if it cannot be modified, severed from these Terms, and the remaining provisions will continue in full force and effect.
23. No Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Ulumano.
24. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
25. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices we publish on the Site, are the entire agreement between you and Ulumano regarding your use of the Site, and supersede any prior agreements between you and Ulumano relating to that use. These Terms do not govern services provided under a separately executed engagement agreement — those services are governed by the written agreement signed for that engagement.
26. Contact
Questions about these Terms may be sent to:
Ulumano LLC
kuuhiapo@theulumano.com
P.O Box 7252, Hilo, HI 9720