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Terms of Service

TERMS OF SERVICE

Last Modified: 08/11/2020

These Terms of Service (the “Terms”) apply to your use of abcsofhealthkc.com and all related apps and services (the “Services”). All references to “us” (and similar words such as “we” and “our”) mean ABC’s of Health, LLC, a Kansas limited liability company. All references to “you” (and similar words such as “your”) mean the individual using the Services, and if you are using the Services on behalf of a business entity, it means both you and that business.

By using the Services, you are agreeing to these Terms and the other policies referenced in these Terms. 

If you are using the Services on behalf of a business entity, then you confirm that you are authorized to use the Services on behalf of that business and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that business.

If you do not agree to these Terms, then you may not use the Services.

Use of the Services

License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service solely for your personal use.

Prohibited Uses

You may not use the Services if you are under 13 years old. Additionally, you shall not directly or indirectly:

  • Use the Services for any illegal purpose or in such a way that would violate another contract.
  • Resell or otherwise make the Services available to third parties without our express permission.
  • Use the Services in any way that may harm the Services, including without limitation using bots, scrapers, harvesters, or other automated systems.
  • Take any action which constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Services.
  • Attempt to use the Services without our express permission after we have terminated your right to use the Services.

Privacy Policy

Our privacy policy is available at abcsofhealthkc.com/privacy-policy (the “Privacy Policy”). That Privacy Policy applies to your use of the Services.

User Accounts & Paid Services

User Accounts

We may allow you to create a user account (or we may create an account for you) to use the Services. If you create (or accept) an account, then we may request information about you as described in these Terms and our Privacy Policy (for information on how we use that information, please review our Privacy Policy). 

You are responsible for everything that happens through your account. You must keep your account credentials private and may not allow other people to use your account.

You may terminate your user account at any time, subject to the other provisions in these Terms.

Payments

We may offer paid services to our users, which will be deemed part of the “Services.” If you elect to use any of the paid services, then you must pay all fees associated with them that are described during your signup or checkout process. Those fees will usually be recurring subscription fees (as described in your signup/checkout process) or they may one-time fees. You must provide valid payment information to us when making that purchase, and for recurring fees, you must ensure that your payment information on file with us remains current and valid at all times during your subscription. We may change the fees we charge for the paid services at any time, for any reason; however, we will not charge your payment information any increased fees without providing advance notice to you.

You may terminate your use of the paid services at any time (we may also terminate your right to use the paid services pursuant to these Terms), however you will not be entitled to a refund for any unused portion of your subscription regardless of the reason of the termination. Additionally, we will not be required to issue any refunds for payments you make to us except as expressly required in these Terms.

Your Content

You may be allowed to upload content (such as text, documents, images, audio, videos, and more) to the Services (“Your Content”). 

By uploading Your Content, you grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, store, use, process, copy, distribute, display, perform, create derivative works from, and export, Your Content, with or without attribution for the following purposes: (a) to provide, maintain, and update the Services; (b) to prevent or address service, security, support, and technical issues, with the Services; and (c) as required by law. You represent that you own Your Content, or otherwise have legal rights to You Content, and that the above grant is valid and does not violate any other contract or law.

Intellectual Property

Our Property Rights

The Services (including all design, software, code, and other content on the Services) are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms. 

Copyright/DMCA Policy

We respect intellectual property rights and it is our policy to comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on our Services infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a written or digital DMCA Notice to our Designated DMCA Agent at nicole@abcsofhealthkc.com.

Your DMCA Notice must include the following: 

  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and specifically where it is located on the Service;
  • Sufficient information for us to contact you such as your address, phone, or email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

PLEASE NOTE: Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Health & Safety

The Services are in the nature of health and fitness, but they are only intended for educational and entertainment purposes. The Services do not constitute, and should not be construed as, medial or health care advice. If you use any information you receive from the Services, then you do so solely at your own risk. You should not rely on information you receive from the Services as a substitute or replacement for professional medical advice, diagnosis, or treatment. We do not represent or warrant that the information provided through the Services will always include the most recent findings or developments with respect to the material covered in the Services.

You should consult with your physician and other professional medical providers before beginning health and fitness programs. If you have any questions or concerns about your health or fitness, you should consult with your physician or other professional medical provider. You should not disregard, avoid, or delay, obtaining medical or other health related advice from your physical or other professional medical providers, because of something you may read or hear through the Services. 

By using the Services, you represent and warrant that you are not impacted by any health or medical conditions from which you may suffer an injury due to your use of the Services and that you have not received any medical or health advice that you not participate in the Services.

Warranties, Disclaimers, & Limitations of Liability

All references to “us” (and similar words such as “we” and “our”) in this section mean us and our parents, subsidiaries, affiliates, and licensors, and the owners, members, directors, officers, employees, contractors, and agents, of all of them.

  • The Services are offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
  • Without limitation, we do not represent or warrant that (a) the information on the Services is free from error; (b) the functionality of the Services will be uninterrupted, secure, or free of errors; (c) defects in the Services will be corrected; or (d) that the Services or the equipment the Services use are free of viruses.
  • To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement; and also all liability for identity theft and other misuse of your identity or content.
  • We do not vet content submitted by users of our Services and we do not represent or guarantee that any such content is truthful or accurate or that you will have any right to use that content.
  • We do not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on the Services, or for any other websites or applications which are linked to or referenced in the Services. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk.
  • We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to the Services or any links provided on the Services. 
  • All limitations of liability in these Terms will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages.
  • All limitations of liability in these Terms will apply to the fullest extent permitted by law.
  • Subject to the limitations of liability in these Terms, our liability to you or any third party will not exceed the amount you paid for the Services, or if the claim does not relate to a purchase, then $100.
  • Any cause of action or claim which you may have which arises out of or in connection to the Services must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
  • All of the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.

Some jurisdictions do not allow certain disclaimers, limitations of liability, and exclusions. To the extent such jurisdictions’ laws are applicable to your use of the Services, such disclaimers, limitations of liability, and exclusions, will be limited to the extent permitted by the applicable law.

Indemnification

You shall indemnify us and our affiliates and the respective owners, directors, officers, managers, employees, contractors, and other representatives of each (the “Protected Parties”) against all reasonable expenses including attorneys’ fees, costs, and damages of every kind (the “Losses”) arising out of any suit, claim, investigation, or proceeding, related to your use of the Services, your breach of these Terms, your submission of content that violates third party rights or applicable laws, or your violation of applicable law, except to the extent that a Protected Party negligently or intentionally caused those Losses.

Arbitration

If a dispute arises between you and us related to your use of the Services, these Terms, or our Privacy Policy, then the dispute shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Kansas Secretary of State. The arbitration proceedings shall be held in Johnson County, Kansas, USA. If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the governing law and jurisdiction provisions below.

Notwithstanding the agreement to arbitrate above, either you or we may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.

CLASS ACTIONS ARE PROHIBITED: All claims, including all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.

Miscellaneous

Termination

You may stop using the Services at any time. However, you will remain liable for any damage you caused or may later cause to us or any part of the Services.

We may temporarily or permanently suspend your access to (or terminate your right to use) all or parts of the Services (this includes our right to suspend access to or terminate your user account). We may exercise that right in our sole discretion, at any time, with or without notice to you.

All provisions in these Terms which by their nature should survive termination of these Terms shall survive the termination.

Governing Law & Jurisdiction

Our provision of the Services, your use of the Services, these Terms, and our Privacy Policy, will all be governed by and construed in accordance with the laws of Kansas excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, each party consents to jurisdiction in, and the exclusive venue of, the state courts in Johnson County, Kansas, or if applicable, the U.S. District Court having jurisdiction over that county. 

Waiver of Jury Trial

You and us each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to our provision of the Services, your use of the Services, these Terms, or our Privacy Policy.

Entire Agreement

These Terms set forth the complete and entire agreement between you and us relating to the subject matter in these Terms and supersede all other discussions, negotiations, proposals, and agreements, whether oral or written, previously discussed or entered into, by you and us relating to the subject matter in these Terms.

Waiver

The failure or delay by a party to exercise any right or remedy in these Terms shall not operate as a waiver of the same. The waiver by a party of a breach of any provision in these Terms shall not operate as a waiver of any subsequent breach. A waiver shall not be effective unless and until it is in written form and signed by the waiving party.

Severability

Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.

Assignment

These Terms and all rights and licenses granted to you, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

Power to Amend These Terms

We may amend these Terms at any time, for any reason, with or without notice to you. Your continued use of the Services after the amended Terms are posted on our Services will constitute your acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Terms; or (b) 30 days after the amended Terms are posted on the Services. 

Contact

Except as otherwise required in these Terms or by law, all notices and communications which you may send to us should be sent to contact@abcsofhealthkc.com.