Keiko Wellness - Terms and Conditions
1.1 Acceptance of Terms and Conditions of Use
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT ENQUIRE ABOUT ANY PRODUCTS AND/OR SERVICES OFFERED FROM THIS WEBSITE OR DESCRIBED ON THIS WEBSITE.
By using the Website, You represent and warrant that You are the legal age of majority under applicable law to form a binding contract with the Company.
2. YOUR USE OF AND CONDUCT ON THE WEBSITE
2.1 Nature of Use
Violate or promote the violation of any government-imposed restriction or rule or of any third party’s rights;
Impersonate any person or entity, misrepresent Your affiliation with a person or entity, or do any other thing or act that brings the Company, any other user of the Website, or any third-party into disrepute or causes liability for the Company;
Distribute viruses, malware, or any other technologies that are malicious or that may harm the Company, the Website, other users of the Website, the Company’s affiliates, or any third-party, or in any other way interfere or attempt to interfere with the proper working of the Website;
Harvest or otherwise collect, use, or disclose (including through the use of any robot, spider, or other automatic device, process, or means) content on the Website or personal information about any other user or users of the Website for any purpose.
You further represent and warrant with respect to any account that You may make on or through the Website that:
All the information You provide on or through the Website is correct, current, and complete;
Any username, password, or any other piece of information chosen by You, or provided to You as part of the Company’s security procedures, if any, will be treated as confidential by You and will not be disclosed to any other person or entity;
You will notify the Company immediately of any unauthorized access to or use of Your username or password, if applicable, or any other breach of security; and
You will not transfer Your account, if any, to another person without the prior written consent of the Company.
ERRORS AND OMISSIONS
Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that The Company is not responsible for the views, opinions, or accuracy of facts referenced on or through the Website, or of those of any other individual or company affiliated with our business in any way. Because scientific, technology and business practices are constantly evolving, you agree that The Company is not responsible for the accuracy of our Website, or for any errors or omissions that may occur.
References or links in our Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute our formal endorsement. The Company is merely sharing information for your own self-help. Keiko Wellness is not responsible for the Website content, blogs, emails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in our Website. Conversely, should our Website link appear in any other individuals, businesses or entities Website, program, product or services, it does not constitute our formal endorsement of them, their business or their Website either.
From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. There may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange, we may receive financial compensation or other rewards. The Company is highly selective and only promotes the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that The Company is not liable in any way for any program, product or service that I may promote, market, share or sell on or through our Website.
The Company shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
The Company offers support to our clients and a complaints handling procedure which we will use to try to resolve disputes when they first arise, with a solution that is mutually agreeable to both the client and The Company Please let us know if you have any complaints or comments at email@example.com
2.2 User Generated Content
User Generated Content may be removed, hidden, edited, or otherwise altered at the sole discretion of the Company for any or no reason, with or without notice, and at any time. However, the Company has no obligation, nor any responsibility to any party to monitor the Web-site or its use, and does not and cannot undertake to review User Generated Content. The Company cannot ensure prompt removal of objectionable material, including User Generated Content, and the Company has no liability for any action or inaction regarding transmissions, communications, or content, including User Generated Content, provided by any user of the Website or third-party, subject to applicable laws.
The discretion of the Company will be informed, but not limited by, the following guidelines for inappropriate User Generated Content. User Generated Content may be deemed inappropriate by the Company if it contains, depicts, includes, discusses, encourages, or involves, without limitation:
Material or conduct that is illegal, exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other such legally prohibited ground;
Any false, inaccurate, or misleading information, or the impersonation or attempted impersonation of the Company, an employee of the Company, another user of the Website, or any other person or entity;
Conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company in its sole discretion, may harm the Company or users of the Website, or expose either to liability;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; or
Material or conduct that is otherwise objectionable, as determined by the Company at its sole discretion.
By submitting, posting, publishing, displaying, or otherwise transmitting any User Generated Content on or through the Website, You agree to grant the Company, its successors, and as-signs, and the Company’s affiliates and service providers as necessary, a worldwide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, copy, and otherwise disclose for any purpose any User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Website. You waive all moral rights in any such User Generated Content.
CODE OF CONDUCT
You may not use The Company for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Website. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. You agree that when using the Website, you will not post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content; defame, abuse, harass, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or upload dangerous or harmful files. The Company reserves the right to remove individuals from our community in instances of misconduct.
2.3 Purchases and subscriptions
The Company will respect any certain legal rights You have with respect to Your order under applicable consumer protection laws. For information on the Company’s exchange and returns policy firstname.lastname@example.org.
3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Website and all the content of the Website (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Website but excluding User Generated Content), the manner in which such content is presented or appears and all information relating thereto, and the Website’s features and functionality (collectively, the “Website IP”) are owned by the Company, its licensors, or other providers of such Website IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.
The Company grants You a personal, revocable, non-transferable, and non-exclusive license to access and read the Website IP.
You agree that, except as explicitly authorized by the Company, You will not:
Distribute the Website IP for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Website IP by the press or media or through any commercial network, cable, or satellite system;
Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Website IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
Allow any third-party to access the Website IP.
4. ENFORCEMENT, SUSPENSION, AND TERMINATION
The Company may in its sole discretion for any or no reason, with or without notice, and at any time:
Limit, suspend, or terminate Your access to or use of the Website;
Take technical and legal steps to prevent You from accessing or using the Website; or
Remove or otherwise modify any User Generated Content.
6. LIMITATIONS ON LIABILITY AND DISCLAIMER
6.1 Limitations on Liability
EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES THE COMPANY MAY MAKE TO THE WEBSITE OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING USER GENERATED CONTENT; (C) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSOWARD OR ACCOUNT DETAILS SERCURE AND CONFIDENTIAL, AS APPLICABLE. YOU EXPRESSLY ASSUME THE RISKS OF USING INFORMATION PROVIDED BY THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE RISKS OF TRYING NEW FOODS OR SUPPLEMENTS, AND THE RISKS INHERENT IN MAKING LIFESTYLE CHANGES. THE COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH THE PROGRAM PROVIDED BY THE COMPANY IS TO DISCONTINUE YOUR USE OF THE PROGRAM AND RELATED MATERIALS. YOU RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, DAMAGES, CAUSES OF ACTION, ALLEGATIONS, SUITS, SUMS OF MONEY, CLAIMS, AND DEMANDS WHATSOEVER, IN LAW OR EQUITY, WHICH YOU EVER HAD, NOW HAVE, OR WILL HAVE IN THE FUTURE AGAINST THE COMPANY ARISING FROM YOUR PAST OR FUTURE PARTICIPATION IN THE PROGRAM. FURTHER, YOU AGREE TO RELEASE AND HOLD HARMLESS AUTOIMMUNE WELLNESS, LLC, AND ANY OF ITS SUBSIDIARIES AND RELATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, AFFILIATES, DIRECTORS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL LIABILITY, DAMAGES, CAUSES OF ACTION, ALLEGATIONS, SUITS, SUMS OF MONEY, CLAIMS, AND DEMANDS WHATSOEVER, IN LAW OR EQUITY, WHICH YOU EVER HAD, NOW HAVE, OR WILL HAVE IN THE FUTURE ARISING FROM YOUR PAST OR FUTURE PARTICIPATION IN THE PROGRAM.
6.2 Availability, Completeness, and Quality
You understand and agree that the Website, any content on the Website, and any services or items found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for particular purpose, or non-infringement.
Except as otherwise expressly required by applicable law, the Company makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Website or any content on the Website, including without limitation as to completeness, security, reliability, suitability, accuracy, availability, or currency of the Website or any content on the Website, that the Website or any content on the Website will be free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Website or any content on the Website for a particular purpose. The Company assumes no obligation to update the Website or any content on the Website. The Website or any content on the Website may be changed without notice to You.
To the maximum extent permitted by applicable law, the Company excludes all liability (whether arising in contract, tort, breach of statutory duty, or otherwise), which the Company may otherwise have to You as a result of any error or inaccuracies in the Website or any content on the Website, the unavailability of the Website for any reason, or any representation or statement made on or through the Website or any content on the Website.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.
NOT A SUBSTITUTE FOR MEDICAL ADVICE
The Company and its associates, employees and consultants are not doctors, licensed dieticians or psychologists, or other licensed or registered professionals, nor are we holding ourselves out to be. Any advice given by in this Website is not meant to take the place of advice by these professionals. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur. Always seek medical advice from a licensed provider relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. If you are under the care of a healthcare professional or currently use any prescription medication(s), in that case, you should discuss any new health regimen, dietary change, and/or the potential use of dietary supplements with your doctor, and you should not discontinue any prescription medications without first consulting your doctor. If you suffer from any medical or psychological conditions, you should consult with and receive approval from your healthcare provider before working with the Program provided by The Company. You understand that The Company and its associates, employees and consultants are not licensed or trained to provide medical diagnoses and the information received from The Company and our Website is not medical advice or recommendation. The Company is not responsible for any content on the Website, including User Generated Content, that You may find undesirable or objectionable.
Any outcomes, results or examples shown through our Website are only estimates of what might be possible now or in the future. Each client is unique. There can be no assurance as to any particular health outcomes based on the use of our Website. You agree that Keiko Arai or The Company is not responsible for your success of improvements, or regression, failure of or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.
The Company cannot and does not guarantee or warrant that files or data available for downloading on, through, or as a result of the Website will be free of viruses or other destructive code. You are solely and entirely responsible for Your use of the Website and Your computer, Internet, and data security. To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Website or any services or items found or attained on, through, or as a result of the Website or to Your downloading of any material posted on or through the Website, or on any website linked to the Website.
6.4 Third-Party Sites
The Website or content on the Website may contain links to third-party sites. The Company does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Website or from any content on the Website. Where You access such sites, You acknowledge and agree You are doing so at Your own risk. Your use of a third-party site may be governed by the terms and conditions of such site.
In providing links to third-party sites, the Company is in no way acting as a publisher or disseminator of any material contained on those sites and does not and does not seek to monitor or control such sites.
A link to a third-party site does not mean and should not be construed to mean that the Company is affiliated or associated with such third-party in any way. The Company does not recommend or endorse any material found on such third-party sites. The mention of another party or its product or service on the Website or in any content on the Website is not and should not be construed as an endorsement of that party or its product or service.
6.5 No Reliance
Any reliance You may place on the Website or any content available on, through, or as a result of the Website is at Your own risk. Any content provided by the Company on, through, or as a result of the Website is provided for general information purposes only and to inform You about the Company and the Company’s products, news, features, services, and other websites. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply Your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Website or any content on the Website, including User Generated Content, including without limitation the use of the Website or any content on the Website, including User Generated Content, as the basis for any conclusions.
You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from our Website to your life, family or business.
The Company is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. The Company cannot predict and does not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.
AUTOIMMUNE WELLNESS, LLC’S CONTROL OF COACHING SERVICES
You acknowledge that The Company is entirely responsible for any coaching services you receive from The Company, and further acknowledge and release Autoimmune Wellness, LLC from any damages that may arise from your participation in the program administered by The Company. Further, you acknowledge and agree that you have not received any coaching services, advice or recommendations directly from Autoimmune Wellness, LLC, nor are you a client of Autoimmune Wellness, LLC. Autoimmune Wellness, LLC does not monitor any coaching provided to you by The Company, nor does it receive any compensation as a result of the services provided by The Company. All prices are set by The Company, and Autoimmune Wellness, LLC has no direct relationship, affiliation, or partnership with Keiko Wellness, other than as set forth herein Autoimmune Wellness, LLC.
6.6 No Offer of Sale
Unless explicitly stated, the Website and the content on the Website are not to be construed as an offer to sell any product or service.
6.7 Force Majeure
If You have a dispute with one or more other users of the Website, You release the Company, its affiliates, and licensors (and its and their directors, officers, employees, agents, and subsidiaries) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
9.1 No Agency
9.2 Governing Law, Jurisdiction, and Attornment
9.5 Entire Agreement
The Website is operated by Keiko Wellness, Mississauga Ontario Canada.
You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. You will send information and documents to the Company by email to email@example.com.