Last Revised on October 20, 2024
Welcome to the Terms of Service (these "Terms") for: (i) the website, https://kachinahealth.com (including its subdomains, the "Site"); and (ii) any other websites through which these Terms are linked (together with the Site, the "Website"), in each case as operated by or on behalf of Kachina Health, LLC, a Delaware limited liability company, or its subsidiaries ("Organization", "we" or "us"). The Organization's services, including but not limited to the Website and any content, tools, software, documentation, features, and functionality offered by the Organization on or through the Website or third-party sites and services, are collectively referred to as the "Services".
These Terms govern your access to and use of the Services. Read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, you may not use the Services.
For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes both you in an individual capacity and that entity, and you represent and warrant that: (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (b) you agree to these Terms on the entity's behalf, as well as on your individual behalf.
SECTION 7 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE: (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE ORGANIZATION'S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY; AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW.
1.1. Eligibility. You must be 18 years of age or older to use the Services. By using the Services, you represent and warrant that you meet these requirements and will not be using the Services for any illegal activity.
2.1. Right to Use Services. We hereby grant you a limited, revocable, non-transferable, non-sublicensable right and license to access and use the Services for your own, or your internal use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed or made available to you as part of your use of the Services, we hereby grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms.
2.2. Restrictions On Your Use of the Services. You shall not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
(a) modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
(b) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
(c) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to access, use, or modify the Services;
(d) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
(e) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or the computer systems or networks connected to the Services;
(f) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
(g) violate any applicable law or regulation in connection with your access to or use of the Services;
3.1. Ownership of the Services. The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Organization and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests.
4.1. The Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites ("Third Party Materials"). By using the Services, you acknowledge and agree that the Organization is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products, or services of third parties.
5.1. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://kachinahealth.com/privacy-policy.
6.1. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT CONTAINED THEREIN.
6.2. IN NO EVENT SHALL THE ORGANIZATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
7.1. Any dispute arising from these Terms and your use of the Services will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The arbitration will be conducted in Delaware. The language of the arbitration shall be English.
8.1. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
8.2. Changes to Terms. We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
8.3. Contact Information. Questions about the Terms should be sent to us at info@kachinahealth.com.