iKier Wellness Center

6/11/2018
TERMS OF USE

This Terms of Use Agreement (“Agreement”) explains your rights and obligations in using the iKier Wellness Center web site (www.ikierwellness.com). The web site, and all activities thereon, constitute the “Service” or the “Services”. Please read this Agreement carefully. By continuing to use the web site, you are telling us that have read, that you understand and that you agree to everything in this document.

AS-IS

You agree to use the Services as-is. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICES BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.

YOUR LIABILITY

You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.

USER INFORMATION

Other than personally identifiable information, which is subject to this Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner, including without limitation those submitted through product reviews, Customer Conversations or Stories, (all of this collectively, "User Communications") is and will be considered non-confidential and non-proprietary. In exchange for the opportunity to submit User Communications, you grant to iKier Wellness Center an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast, or otherwise exploit the User Communications, in whole or in part, whether in connection with the submitted User Communications or not, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to, or further authorization by you. You further grant to iKier Wellness Center the unrestricted, irrevocable right, but not the obligation, to use any photographs, pictures, likeness, moving image, voice, or other material contained in your User Communications, whether in their original form as submitted, or as lifted or reproduced by iKier Wellness Center, in perpetuity throughout the world. We may, but are not obligated to, monitor or review any User Communications and may remove User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

THIRD PARTY LINKS

Periodically, links may be established from this Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may, with our written permission, provide links to this Site. None of these links should be deemed to imply that iKier Wellness Center endorses the Third Party Sites or any content therein.

TRADEMARKS

iKier Wellness Center retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of iKier Wellness Center and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Site. Your misuse of the trademarks displayed on the Site is strictly prohibited. You are also advised that iKier Wellness Center will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

STANDARD OF CARE

You agree that our sole obligation to you is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party.

SUBJECT TO CHANGE

You agree that we may change or discontinue the Services in our sole discretion and with no prior notice to you.

SOLE CONSIDERATION

You agree that our sole offer to you in connection with the Services is to provide them as-is, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Services or any component of the Services.

DISPUTE RESOLUTION - VENUE

You agree to be subject to the jurisdiction of the state and federal courts of California. You agree that any dispute between you and us will be resolved in Santa Clara, CA to the exclusion of any other potential venue.

DISPUTE RESOLUTION - ARBITRATION, NO CLASS ACTIONS

You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action. You and we agree that any dispute between us can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company.

LIMITATIONS ON LIABILITY

If, for any reason, we are judged liable to you, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these Services would be significantly higher but for these limitations on liability.

WE’RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES

You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); or for errors in information provided to us upon which we reasonably rely. These are only examples.

TERMINATION BY US

We reserve the right to terminate or amend this Agreement, in our sole discretion. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

AMENDMENTS

We may change the Services and this Agreement at any time, in our sole discretion. If you continue to use the Services more than one week after we post a material change, that will mean you accept the changes. If you do not accept the changes, your sole right is to stop using the Services.