Health For All Terms And Conditions
HEALTH FOR ALL
Terms and Conditions
Last
updated 19 October, 2020
AGREEMENT TO TERMS
These
Terms and Conditions constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and [KR Infinity] (“we,” “us” or “our”), concerning your access to and use
of our mobile application (the “Health For ALL”). You agree that by
accessing the Application, you have read, understood, and agree to be bound by
all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Application from
time to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to these
Terms and Conditions at any time and for any reason. We will alert you about
any changes by updating the “Last updated” date of these Terms and Conditions
and you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Terms and Conditions to stay
informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms and Conditions
by your continued use of the Application after the date such revised Terms are
posted.
The
information provided on the Application is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Application from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The
Application is intended for users who are at least 13 years of age. All users
who are minors in the jurisdiction in which they reside (generally under the
age of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the Application. If you are a minor, you must have
your parent or guardian read and agree to these Terms of Use prior to you using
the Application.
INTELLECTUAL PROPERTY RIGHTS
Unless
otherwise indicated, the Health For All application is our proprietary property
and all source code, databases, functionality, software, website designs, video,
text, and graphics on the Health For All Application (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property rights and
unfair competition laws of the foreign jurisdictions, and international
conventions. The Content and the Marks are provided on the Application “AS IS”
for your information and personal use only. Except as expressly provided in
these Terms of Use, no part of the Application and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided
that you are eligible to use the Health For All Application, you are granted a
limited license to access and use the Health For All Application and to
download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Health For All Application,
Content, and the Marks.
CREDITS
·
Meditation music
from [Music by Jason Shaw@ audionautix.com
·
Yoga and Exercise poses are created in Easy Pose application https://play.google.com/store/apps/details?id=com.madcat.easyposer
USER REPRESENTATIONS
By using
the Health For All Application, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal
capacity and you agree to comply with these Terms of Use; (4) you are not under
the age of 13; (5) not a minor in the jurisdiction in which you reside, or
if a minor, you have received parental permission to use the Site; (6) you will
not access the Health For All Application through automated or non-human means,
whether through a bot, script or otherwise; (7) you will not use the Health For
All Application for any illegal or unauthorized purpose; and (8) your use of
the Health For All Application will not violate any applicable law or
regulation.
If you
provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Health For All Application (or any portion
thereof).
USER REGISTRATION
You may be
required to register with the Health For All Application. You agree to keep
your password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may
not access or use the Health For All Application for any purpose other than that
for which we make the Application available. The Application may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user
of the Application, you agree not to:
1.
Systematically retrieve data or other content from the
Application to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
2.
Make any unauthorized use of the Application, 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 pretenses.
3.
Use a buying agent or purchasing agent to make purchases on the
Application.
4.
Use the Application to advertise or offer to sell goods and
services.
5.
Circumvent, disable, or otherwise interfere with
security-related features of the Application, including features that prevent
or restrict the use or copying of any Content or enforce limitations on the use
of the Application and/or the Content contained therein.
6.
Engage in unauthorized framing of or linking to the Application.
7.
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user passwords;
8.
Make improper use of our support services or submit false
reports of abuse or misconduct.
9.
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.
10.
Interfere with, disrupt, or create an undue burden on the
Application or the networks or services connected to the Application.
11.
Attempt to impersonate another user or person or use the
username of another user.
12.
Sell or otherwise transfer your profile.
13.
Use any information obtained from the Application in order to
harass, abuse, or harm another person.
14.
Use the Application as part of any effort to compete with us or
otherwise use the Application and/or the Content for any revenue-generating
endeavor or commercial enterprise.
15.
Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Application.
16.
Attempt to bypass any measures of the Application designed to
prevent or restrict access to the Application, or any portion of the
Application.
17.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Application to you.
18.
Delete the copyright or other proprietary rights notice from any
Content.
19.
Copy or adapt the Health For All Application’s software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20.
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 Application or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Application.
21.
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”).
22.
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 Application, or using or launching
any unauthorized script or other software.
23.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Application.
24.
Use the Application in a manner inconsistent with any applicable
laws or regulations.
USER GENERATED CONTRIBUTIONS
The
Application may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Application, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, “Contributions”). Contributions may be viewable by
other users of the Application and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
1.
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions
do not and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
2.
You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us, the Health
For All Application, and other users of the Application to use your
Contributions in any manner contemplated by the Application and these Terms of
Use.
3.
You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to use the name
or likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Application and these Terms of Use.
4.
Your Contributions are not false, inaccurate, or misleading.
5.
Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
6.
Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
7.
Your Contributions do not ridicule, mock, disparage, intimidate,
or abuse anyone.
8.
Your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against another.
9.
Your Contributions do not violate any applicable law,
regulation, or rule.
10.
Your Contributions do not violate the privacy or publicity
rights of any third party.
11.
Your Contributions do not contain any material that solicits
personal information from anyone under the age of 18 or exploits people under
the age of 18 in a sexual or violent manner.
12.
Your Contributions do not violate any federal or state law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors;
13.
Your Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual preference, or physical
handicap.
14.
Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of
the Application in violation of the foregoing violates these Terms of Use and
may result in, among other things, termination or suspension of your rights to
use the Application.
CONTRIBUTION LICENSE
By posting
your Contributions to any part of the Health For All Application, or making
Contributions accessible to the Health For All Application by linking your
account from the Health For All Application to any of your social networking
accounts, you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in
any media formats and through any media channels.
This
license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not
assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area on the
Application. You are solely responsible for your Contributions to the
Application and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have
the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Application; and (3) to
pre-screen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may
provide you areas on the Application to leave reviews or ratings. When posting
a review, you must comply with the following criteria: (1) you should have
firsthand experience with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or hate
language; (3) your reviews should not contain discriminatory references based
on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may
accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you
access the Application via a mobile application, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or controlled by you, and to
access and use the mobile application on such devices strictly in accordance
with the terms and conditions of this mobile application license contained in
these Terms of Use. You shall not: (1) decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation,
or derivative work from the application; (3) violate any applicable laws,
rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the application; (5)
use the application for any revenue generating endeavor, commercial enterprise,
or other purpose for which it is not designed or intended; (6) make the
application available over a network or other environment permitting access or
use by multiple devices or users at the same time; (7) use the application for
creating a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the application; (8) use the
application to send automated queries to any website or to send any unsolicited
commercial e-mail; 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 application.
Apple and Android Devices
The
following terms apply when you use a mobile application obtained from either
the Apple Store or Google Play (each an “App Distributor”) to access the
Application: (1) the license granted to you for our mobile application is
limited to a non-transferable license to use the application on a device that
utilizes 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 mobile application as specified in the
terms and conditions of this mobile application license contained in these
Terms of Use 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 mobile application; (3) in
the event of any failure of the mobile application 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 mobile application, and to the maximum extent
permitted by applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the mobile application; (4) 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; (5) you must comply with
applicable third-party terms of agreement when using the mobile application,
e.g., if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the mobile application; and
(6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license
contained in these Terms of Use, 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 license contained in these Terms of Use
against you as a third-party beneficiary thereof.
SOCIAL MEDIA
As part of
the functionality of the Health For All Application, you may link your account
with online accounts you have with third-party service providers (each such
account, a “Third-Party Account”) by either: (1) providing your Third-Party
Account login information through the Application; or (2) allowing us to access
your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent and
warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is available on
and through the Application via your account, including without limitation any
friend lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party Accounts you
choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to your
Third-Party Accounts may be available on and through your account on the
Application. Please note that if a Third-Party Account or associated service
becomes unavailable or our access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no longer be
available on and through the Application. You will have the ability to disable
the connection between your account on the Application and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort
to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Application. You can deactivate the connection between the Application and
your Third-Party Account by contacting us using the contact information below
or through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated with
your account.
SUBMISSIONS
You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Application (“Submissions”)
provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these Submissions
for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions,
and you hereby warrant that any such Submissions are original with you or that
you have the right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation
of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The
Application may contain (or you may be sent via the Application) links to other
websites (“Third-Party Websites”) as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties (“Third-Party Content”). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Application or any Third-Party
Content posted on, available through, or installed from the Application,
including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Application
and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms of Use
no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you
navigate from the Application or relating to any applications you use or
install from the Application. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take
no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
ADVERTISERS
We allow
advertisers to display their advertisements and other information in certain
areas of the Application, such as sidebar advertisements or banner
advertisements. If you are an advertiser, you shall take full responsibility
for any advertisements you place on the Application and any services provided
on the Application or products sold through those advertisements. Further, as
an advertiser, you warrant and represent that you possess all rights and authority
to place advertisements on the Application, including, but not limited to,
intellectual property rights, publicity rights, and contractual rights. As an
advertiser, you agree that such advertisements are subject to our Digital
Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described
below, and you understand and agree there will be no refund or other
compensation for DMCA takedown-related issues. We simply provide the space to
place such advertisements, and we have no other relationship with advertisers.
APP MANAGEMENT
We reserve
the right, but not the obligation, to: (1) monitor the Application for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
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 Application 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 Application in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Application.
PRIVACY POLICY
We care
about data privacy and security. Please review our Privacy Policy [https://thekrinfinity.blogspot.com/2020/10/health-for-all-privacy-policy.html
]. By using the Health
For All Application, you agree to be bound by our Privacy Policy.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect
the intellectual property rights of others. If you believe that any material
available on or through the Health For All Application infringes upon any
copyright you own or control, please immediately notify our Designated Copyright
Agent using the contact information provided below (a “Notification”). A copy
of your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant to
federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Application infringes your copyright, you should
consider first contacting an attorney.
All
Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and
include the following information: (1) A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (2) identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works on the Application are
covered by the Notification, a representative list of such works on the
Application; (3) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material; (4) information reasonably
sufficient to permit us to contact the complaining party, such as an address,
telephone number, and, if available, an email address at which the complaining
party may be contacted; (5) a statement that the complaining party has 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 (6) a statement
that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed upon.
Counter Notification
If you
believe your own copyrighted material has been removed from the Application as
a result of a mistake or misidentification, you may submit a written counter
notification to [us/our Designated Copyright Agent] using the contact
information provided below (a “Counter Notification”). To be an effective
Counter Notification under the DMCA, your Counter Notification must include
substantially the following: (1) identification of the material that has been
removed or disabled and the location at which the material appeared before it
was removed or disabled; (2) a statement that you consent to the jurisdiction
of the Federal District Court in which your address is located, or if your
address is outside the United States, for any judicial district in which we are
located; (3) a statement that you will accept service of process from the party
that filed the Notification or the party’s agent; (4) your name, address, and
telephone number; (5) a statement under penalty of perjury that you have a good
faith belief that the material in question was removed or disabled as a result
of a mistake or misidentification of the material to be removed or disabled;
and (6) your physical or electronic signature.
If you
send us a valid, written Counter Notification meeting the requirements
described above, we will restore your removed or disabled material, unless we
first receive notice from the party filing the Notification informing us that
such party has filed a court action to restrain you from engaging in infringing
activity related to the material in question. Please note that if you
materially misrepresent that the disabled or removed content was removed by
mistake or misidentification, you may be liable for damages, including costs
and attorney’s fees. Filing a false Counter Notification constitutes perjury.
COPYRIGHT INFRINGEMENTS
We respect
the intellectual property rights of others. If you believe that any material
available on or through the Application infringes upon any copyright you own or
control, please immediately notify us using the contact information provided
below (a “Notification”). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification. Please
be advised that pursuant to federal law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Application infringes your
copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These
Terms of Use shall remain in full force and effect while you use the Health For
All Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (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 TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE 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.
MODIFICATIONS AND INTERRUPTIONS
We reserve
the right to change, modify, or remove the contents of the Application at any
time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Application. We also reserve the
right to modify or discontinue all or part of the Application 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 Application.
We cannot
guarantee the Application will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Application, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Application 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 Application during any downtime or
discontinuance of the Application. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Application or to supply
any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These
Terms of Use and your use of the Application are governed by and construed in
accordance with the laws of the State of Maharashtra applicable to
agreements made and to be entirely performed within the State/Commonwealth of Maharashtra, without regard to its conflict of law principles.
CORRECTIONS
There may
be information on the Application that contains typographical errors,
inaccuracies, or omissions that may relate to the Application, 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 Application at any time, without prior notice.
DISCLAIMER
THE
APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE APPLICATION 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 APPLICATION 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 APPLICATION’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS APPLICATION 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 APPLICATION, (3) ANY UNAUTHORIZED
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 APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION 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
APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
APPLICATION, 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 JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
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 HEALTH FOR ALL APPLICATION,
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 LESSER OF] [THE AMOUNT PAID. CERTAIN STATE 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.]
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) your Contributions; (2) use of the Site; (3) breach
of these Terms of Use; (4) any breach of your representations and warranties
set forth in these Terms of Use; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any
overt harmful act toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense 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.
USER DATA
We will
maintain certain data that you transmit to the Site for the purpose of managing
the Site, as well as data relating to your use of the Site. 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
Site. 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.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, 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 Site, 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 SITE. 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.
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.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted by us on the
Application constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Terms of
Use shall not operate as a waiver of such right or provision. These Terms of
Use 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 Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use 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 Terms of
Use or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order
to resolve a complaint regarding the Health For All Application or to receive
further information regarding use of the Application, please contact us at:
Team KR Infinity.
Comments
Post a Comment