As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services
to create or compile, directly or indirectly, a
collection, compilation, database, or directory
without written permission from
us.
- Trick,
defraud, or mislead us
and other users,
especially in any
attempt to learn
sensitive account
information such as user
passwords.
- Circumvent,
disable, or otherwise
interfere with
security-related
features of the
Services, including
features that prevent or
restrict the use or
copying of any Content
or enforce limitations
on the use of the
Services and/or the
Content contained
therein.
- Disparage,
tarnish, or otherwise
harm, in our opinion, us
and/or the
Services.
- Use
any information obtained
from the Services in
order to harass, abuse,
or harm another
person.
- Make
improper use of our
support services or
submit false reports of
abuse or
misconduct.
- Use
the Services in a manner
inconsistent with any
applicable laws or
regulations.
- Engage
in
unauthorised
framing of or
linking to the
Services.
- Upload
or transmit (or attempt
to upload or to
transmit) viruses,
Trojan horses, or other
material, including
excessive use of capital
letters and spamming
(continuous posting of
repetitive text), that
interferes with any
party’s uninterrupted
use and enjoyment of the
Services or modifies,
impairs, disrupts,
alters, or interferes
with the use, features,
functions, operation, or
maintenance of the
Services.
- Engage
in any automated use of
the system, such as
using scripts to send
comments or messages, or
using any data mining,
robots, or similar data
gathering and extraction
tools.
- Delete
the copyright or other
proprietary rights
notice from any
Content.
- Attempt
to impersonate another
user or person or use
the username of another
user.
- Upload
or transmit (or attempt
to upload or to
transmit) any material
that acts as a passive
or active information
collection or
transmission mechanism,
including without
limitation, clear
graphics interchange
formats (
'gifs'
), 1×1 pixels, web
bugs, cookies, or other
similar devices
(sometimes referred to
as
'spyware' or
'passive collection
mechanisms' or 'pcms'
).
- Interfere
with, disrupt, or create
an undue burden on the
Services or the networks
or services connected to
the
Services.
- Harass,
annoy, intimidate, or
threaten any of our
employees or agents
engaged in providing any
portion of the Services
to
you.
- Attempt
to bypass any measures
of the Services designed
to prevent or restrict
access to the Services,
or any portion of the
Services.
- Copy
or adapt the Services'
software, including but
not limited to Flash,
PHP, HTML, JavaScript,
or other
code.
- Except
as permitted by
applicable law,
decipher, decompile,
disassemble, or reverse
engineer any of the
software comprising or
in any way making up a
part of the
Services.
- Except
as may be the result of
standard search engine
or Internet browser
usage, use, launch,
develop, or distribute
any automated system,
including without
limitation, any spider,
robot, cheat utility,
scraper, or offline
reader that accesses the
Services, or use or
launch any
unauthorised
script or other
software.
- Use
a buying agent or
purchasing agent to make
purchases on the
Services.
- Make
any
unauthorised
use of the
Services, including
collecting usernames
and/or email addresses
of users by electronic
or other means for the
purpose of sending
unsolicited email, or
creating user accounts
by automated means or
under false
pretences
.
- Use
the Services as part of
any effort to compete
with us or otherwise use
the Services and/or the
Content for any
revenue-generating
endeavour
or commercial
enterprise.
-
Sell or otherwise transfer your
profile.
-
Use the Services to advertise or
offer to sell goods and services.
8. USER
GENERATED
CONTRIBUTIONS
The
Services does
not offer users
to submit or
post content.
You
and Services agree that we may access, store, process, and use
any information and personal data that you provide following the terms of
the Privacy Policy
and your choices (including settings).
By
submitting suggestions or other feedback regarding the Services, you
agree that we can use and share such feedback for any purpose without
compensation to you.
10.
MOBILE APPLICATION LICENCE
Use Licence
If
you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the
App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the
terms and conditions of this mobile application licence
contained in these Legal Terms. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice
of copyright or trademark) posted by us or the licensors of the App; (5)
use the App for any revenue-generating
endeavour, commercial enterprise, or
other purpose for which it is not designed or intended; (6) make the App
available over a network or other environment permitting access or use
by multiple devices or users at the same time; (7) use the App for
creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App; (8)
use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or
any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple
and Android Devices
The
following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an
'App Distributor') to access the Services:
(1) the licence granted to you for our App is limited
to a non-transferable licence to use the application on a device
that utilises
the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the App as specified in
the terms and conditions of this mobile application licence
contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services
with respect to the App; (3) in the event of any failure of the App to
conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the App, and
to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the
App; (4) you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has been
designated by the US government as a
'terrorist supporting' country and (ii)
you are not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of
agreement when using the App, e.g. if
you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application
licence
contained in these Legal Terms, and that each App Distributor will have
the right (and will be deemed to have accepted the right) to enforce the
terms and conditions in this mobile application licence
contained in these Legal Terms against you as a third-party
beneficiary thereof.
11. SERVICES
MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the
proper functioning of the Services.
12. PRIVACY
POLICY
We care
about data privacy and security. Please review our Privacy Policy: __________. By using the
Services, you agree to be bound by our Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in the United States
. If you access the Services from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in
the United
States
, then through your continued use of the
Services, you are transferring your data to
the United
States
, and you expressly consent to have your data
transferred to and processed in
the United
States
.
13. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We also reserve the right to modify or
discontinue all or part of the Services without notice at any time. We will not be liable to you
or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We
cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
15. GOVERNING
LAW
These
Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of
the State of Delaware
applicable to agreements made and to be entirely performed within
the State of
Delaware
, without
regard to its conflict of law principles.
16. DISPUTE
RESOLUTION
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related to
these Legal Terms (each a 'Dispute' and
collectively, the 'Disputes') brought by either
you or us (individually, a 'Party' and
collectively, the 'Parties'), the Parties agree to
first attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least forty five (45) days
before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT
AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under
the Commercial Arbitration Rules of the American Arbitration Association ('AAA') and,
where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ('AAA Consumer Rules'), both of which are available at the American Arbitration
Association (AAA) website. Your arbitration fees and
your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the
arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be
conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a statement
of reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do
so. Except where otherwise required by the applicable AAA rules or applicable
law, the arbitration will take place in
United States,
Delaware
. Except as otherwise provided
herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on
the award entered by the arbitrator.
If for any
reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the
state and federal courts
located in
United States,
Delaware
, and the Parties hereby consent to, and waive all defences of
lack of personal jurisdiction, and forum non conveniens with respect to venue
and jurisdiction in such state and federal
courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these
Legal Terms.
In no event shall any Dispute brought by
either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.
If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall
be limited to the Dispute between the Parties individually. To the full extent permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorised use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
17. CORRECTIONS
There may be information on the Services
that contains typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
19. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO
THE
AMOUNT PAID, IF ANY, BY
YOU TO US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
20. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the
Services; (2) breach of these
Legal Terms; (3) any breach
of your representations and warranties set forth in these Legal Terms;
(4) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or (5) any
overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defence
and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our defence
of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
21. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
23. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and
us as a result of these Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defences you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
25. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact
us at:
support@krisensehealth.com