TERMS OF USE

Welcome to kijimea.com.

Please read and review these Terms of Use (the “Terms” or “Agreement”) carefully before accessing or using kijimea.com (the “Kijimea Site” or “Site”). “Kijimea Inc.” or “us/we/our” refers to Kijimea Inc. and/or its subsidiaries or affiliates. “User” or “you” refers to you. By accessing and browsing this site, you acknowledge that you have read and understood the Terms of Use and the Privacy Policy, which is incorporated herein by reference, and that you accept, without limitation or qualification, these Terms and acknowledge that any other agreements regarding the use of this Site between you and Kijimea Inc. are superseded and have no force or effect. Please note that we may modify the Terms from time to time, and any changes will be effective when posted. You are encouraged to review the current version of the Terms upon each use of the Kijimea Site. Continued use of the Kijimea Site subsequent to the effective date of any amended Terms will be deemed acceptance. If you do not agree to these Terms of Use or you cannot abide by this Agreement or any changes to these Terms from time to time, you may not access or use the Site.

1. Medical Information

Information on this Website is provided by Kijimea Inc. and is intended for general information purposes only. Patients should not use the information contained in this Site for diagnosing a health or fitness problem or disease. The product information is not intended to provide complete medical information and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. SHOULD YOU HAVE A MEDICAL CONDITION, PROMPTLY SEE YOUR OWN MEDICAL DOCTOR OR HEALTH CARE PROVIDER. WE DO NOT OFFER PERSONALIZED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE NOR SHOULD THE INFORMATION ON THIS SIDE BE USED FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE.

2. Privacy Policy

Kijimea Inc. is committed to safeguarding your privacy online. However, in order for you to fully use the Kijimea Site, you may have to provide certain information to us. To better understand how your personal information is collected and used, please review our Privacy Policy, which is incorporated herein by reference.

3. Age Limits and Users Under 18

This Site is not intended to be used by children under 18 and younger. By using any portion of the Kijimea Site, you are representing and warranting that you meet the required applicable age limits.

4. Content of the Site and Limited Liability

Kijimea Inc. will use reasonable efforts to include accurate and up-to-date information on this Site. However, we make no warranties or representations of any kind as to its accuracy, currency or completeness. Please bear in mind that information on the Site although accurate on the day it was published may no longer be up to date. You agree that access to and use of our Site and the content thereof is at your own risk. We therefore recommend that you check any information you obtain from this Site prior to using it in whatever form. We expressly disclaim all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. We also make no warranties that promotions or any other information displayed on the Site are accurate and free from error or that any defects of the Site will be corrected. Neither Kijimea Inc. nor any third party involved in the writing, producing or transmitting this Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Site, or any errors or omissions in the content thereof, regardless whether they are based in contract, tort or otherwise. This limitation includes also damages to or for any viruses that infect your computer equipment. All claims brought under this Agreement must be brought within one year from the date the claim accrued. This limitation of liability and the disclaimer of warranty shall be enforced to the maximum extent permitted by law.

5. Trademarks and Intellectual Property Rights

The Kijimea Site and the Content contained therein are protected by copyright, trademark, patent and/or other intellectual property laws. All product names, no matter whether they are appearing in large print, with or without the trademark symbol, are trademarks of Kijimea Inc., its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. Unless explicitly permitted herein, the use or misuse of these trademarks or any other materials is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. All content included in or made available through our Site including but not limited to text, graphics, photographs, logos, button icons, audio and / or video clips, digital downloads and data compilations, videos, comments, reports, other usage-related data and other content elements and components appearing on the Kijimea Site (collectively “Content”) are owned by Kijimea Inc., its affiliates or its licensors or joint venture partners. Except as expressly permitted by Kijimea Inc. in writing, you shall not in whatever form copy, license, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any Content or any information, or services provided by Kijimea Inc. hereunder. Content may be modified from time to time by Kijimea Inc. in its sole discretion. Your use of the Kijimea Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Kijimea Site. Any unauthorized use of the Content of the Kijimea Site may subject you to civil or criminal penalties. Except as expressly set forth herein, no license is granted to you for any other purpose other than for personal and non-commercial use with all copyright or other proprietary rights retained, and any other use of the Content by you shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Kijimea Inc. or its licensors and nothing contained in this Agreement shall confer by implication, estoppel or otherwise any license or right under any patent or trademark of Kijimea Inc. or any third party.

6. Indemnity

You agree to indemnify, defend, and hold harmless Kijimea Inc., its subsidiaries and affiliates, agents, officers, directors, attorneys, suppliers, co-branders, employees, permitted assigns and third party partners from and against any liability, loss, damage, claim or demand, expenses, including without limitation reasonable attorneys’ fees, resulting from any violation by you of these Terms.

7. Non-confidential Information

Except for information covered by our Privacy Policy, any communication or material you send to us by electronic mail or otherwise, such as any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary and we have no obligation of any kind with respect to such information. Anything you transmit or post becomes the property of Kijimea Inc. or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we may use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.

8. Void where prohibited

This Site and its contents are intended to comply with the laws and regulations in the U.S. Although you may have access to this Site outside of the U.S., the information contained in this Site is intended for use only by residents of the U.S. The information referred to on this Site may be subject to different regulatory requirements depending on the country of use. We reserve the right to limit provision of our products to any person, geographic region or jurisdiction. Any offer for any product or service made on this Site is void where prohibited.

9. Links to Third Party Web sites

The Kijimea Site may contain links to web sites operated by third parties over which Kijimea Inc. has no control. Such links are provided for your reference only. The Kijimea Site may be accessed from third party links over which Kijimea Inc. has no control. Kijimea Inc. makes no warranties or representations of any kind as to the accuracy, currency, completeness, ownership, or legality of any information contained in such third party web sites. The inclusion of any third party links on the Kijimea Site does not imply any endorsement of the material on such websites or any association with their operators. We encourage you to read the terms of use of any third party websites you visit. Once you leave this Site via a link to another Site, you will be subject to the privacy policy and terms of use of such other third-party sites. You access and use such third-party sites, including the content, products or services on those sites, solely at your own risk. Therefore, you agree that Kijimea Inc. shall have no liability for any damages or injuries of any kind arising from such content or information of third party websites.

Please also review our Privacy Policy for more information about links to third party web sites.

10. Severability

If any provisions of this Agreement, or portions thereof, are found to be invalid, void or unenforceable under applicable law, the remainder of the Agreement shall remain in full force and effect.

11. Waiver

Any waiver of any particular provision of this Agreement or a delay by any party in the enforcement of any right hereunder shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against Kijimea Inc. unless such waiver is in writing signed by Kijimea Inc..

12. Governing Law

These Terms and your use of the Site shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.

13. Contact Us

Please send any notices, questions, comments, or concerns regarding this Site to: contact@kijimea.com.

REVISION DATE: February 26, 2017