KOR TERMS OF SERVICE AGREEMENT
Thank you for visiting the Kor website and mobile app, provided to you by Kor LLC. This Terms of Service Agreement (this “Agreement”) sets forth the terms and conditions that apply to your use of the site located at www.matriarcapp.com (the “Site) or the application known as Matriarc including any accompanying documentation, read-me files, or other files (collectively the “App”), together with the services provided thereon (collectively the “Services”).
The Site and App are owned by Kor LLC (“Kor;” “we”, “us” and “our”, as applicable). Kor and its affiliates, provide this Site, App, and related Services to you (the “user”, “you”, and “your”, as applicable), the user of this Site or App, only for your personal, non-commercial use and subject to your acceptance of and compliance with this Agreement. Please read the terms contained herein carefully before using this Site, App, and/or the Services associated therewith. Installing and/or using the App or using the Site and the associated Services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this Site or install and/or use the App.
Changes to this Agreement
We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site and/or App. Your use of the Site, App, and any related Services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Site or App if you do not agree to be bound by the revised terms and conditions.
Professional Advice Disclaimer
THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
General Terms Governing Use
The Site, App, and the related Services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use the Site or App without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site or the App by children, minors and others under your care, and you agree to be responsible for their use of this Site or App. Any use of this Site or App by persons not of the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of this Site, the App, and/or any affiliated Services.
We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the Site or App. You may view, copy, download or print materials from this Site or App for your own personal and non-commercial use. In this context, “personal and non-commercial use” does not include posting, uploading or otherwise publishing the materials to any other website, mobile application, or software. This license does not include any rights not specifically enumerated herein. You agree to use this Site and the App only for lawful purposes and in accordance with the terms and conditions contained herein.
Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site, App, or any of the content on the Site or App, including but not limited to the trademarks and copyrights of Kor, and its affiliates, or to make derivative use of the Site, App, or their content; (b) to make commercial use of the Site, App, or any of their contents; (c) to collect and use property listings, descriptions or images; (d) to download or copy any account information that is not your own for your own use or for the benefit of another party; (e) to bypass any technical measures used to prevent or restrict access to any portion of the Site or App; (f) to reverse engineer, decompile or disassemble the Site or App, or to convert into human readable form any of the contents of this Site or App not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site or App except as interpreted and displayed in a web browser or on a mobile device; (g) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site or App; (h) to violate or attempt to violate the security of the Site or App; (i) to interfere with or attempt to interfere with the proper working of the Site or App; (j) to alter or modify, or attempt to modify, any part of the Site or App; or (k) to attempt to gain unauthorized access to any portion of the Site, App, or any systems or networks connected to the Site or App through hacking, cracking, mining, phishing or any other means.
You agree not to use the Site or App for any purpose that is unlawful or prohibited by the Agreement or to solicit the performance of any illegal activity, to stalk or harass other users of the Site or App, or to engage in any other activity which infringes the rights of Kor or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or App or any systems or networks connected to the Site or App.
You acknowledge that your use of this Site or App is at our sole discretion, and your license to use the Site or App may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site or App, to terminate any user’s account, and to alter or delete any material submitted to the Site or App through the user’s account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
By submitting your contact information to the Site or App, you consent to receive communications from us electronically via the email address associated with your account, including an official newsletter. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
Intellectual Property Rights
Unless otherwise noted, all non-submitted content included on this Site or App, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of Kor or its suppliers, licensors, partners or affiliates and is protected by United States and international copyright laws. All of the non-user submitted content on this Site or the App is either the property of Kor or is used by us with the permission of its owner. The compilation of this Site and the compilation of the App is the exclusive property of Kor and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Kor’s ownership of the Site, the App, and their content.
The trademarks, logos, and service marks displayed on this Site and the App are owned by Kor and other third parties, and the trade dress of the Site and App are owned by Kor. All trademarks not owned by Kor are the property of their respective owners, and, where used by Kor, are used with permission. Nothing contained on this Site or the App may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Kor’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without prior written permission. You agree that you will not take any actions inconsistent with Kor’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site or the App.
Any unauthorized use of any content or materials on this Site or the App is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
You must complete the registration process by providing us with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to us which is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your continued access and use of the Site, the App, and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by us or another party due to someone else using your account or password.
By creating an account with the Site or App, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).
Submission of Content and User Activity
From time to time, we may make available on this Site or the App certain Services, features or sections that allow users to post or upload materials to the Site, the App, and/or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Kor, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site, App, or any associated Services.
We also provide you Services, features, and/or sections that allow users to post or upload links to materials, content, information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials posted on other websites and domains publicly transmitted (“Non User Content”).
You represent and warrant that you own or otherwise control all the rights to any Content that you upload, transmit or otherwise make available through the Site or App; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify Kor or its affiliates for all claims resulting from or related to Content you post or submit.
You grant the following license with respect to any and all Content you post or submit to this Site or App: you hereby expressly grant to Kor a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. For informational purposes, we note that the uses to which we may put the information or Content you provide include, but are not limited to, reproduction and use in any and all media whether now known or hereafter devised; publication of the Content or a derivative thereof for promotional, marketing and advertising purposes, and use in the development and manufacture of products.
You understand that by using the Site and App, you may be exposed to Content and Non-User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site or App.
The opinions expressed in postings or other Content or Non-User Content on this Site or the App are not necessarily those of Kor or its advertisers, sponsors, affiliated or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site or App. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or Non-User Content or determine whether the Content or Non-User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
We are not obligated to regularly review, monitor, delete or edit the Content or Non-User Content of the Site or App as submitted by users. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content or Non-User Content, or from our alteration or deletion of any Content or Non-User Content, even when we are advised of the possibility of such damages.
You acknowledge, consent and agree that Kor may access, preserve and disclose your account information and any Content you submit if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Kor, its affiliates, personnel, other users and the public.
Promotions and Transactions
We are not responsible for typographical or other errors or omissions regarding products, Services prices or other information provided on this Site or the App. All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site or App. Prices, promotions and availability are subject to change without prior notice.
Links to Third Party Sites
The Site and/or App may contain links to third-party websites, Non-User Content, or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and Services. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or Services available on or through any such site or resource. Use of such links is at your own risk.
As part of the Services offered through the Site or App, Kor may provide you with access to information related to certain individuals or entities that offer health care and/or wellness related services (“Service Providers”), including but not limited to contact information for the Service Providers, reviews generated by other users of the Site or App, and information related to the goods or services those Service Providers offer. You may also be given the opportunity to submit reviews of Service Providers for publication on the Site or App. For the avoidance of doubt, any review you submit shall qualify as Content hereunder.
Should you submit to Kor any review related to a Service Provider, you hereby warrant and agree that such review will comply with the current Federal Trade Commission’s Guides Concerning the Use of Endorsement and Testimonials in Advertising, a copy of which is at currently available https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf
Kor does not endorse and is not responsible or liable for any Content, promotions, data, advertising, products, goods or services made available or unavailable to you by any Service Provider (collectively, “SP Offerings”). Kor is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with the activities of the Service Provider or any SP Offering. Kor is also not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with your use of, submission of, or reliance on, reviews related to a Service Provider.
You acknowledge and agree that Kor does not review any qualifications, financial information, criminal background information, or other information related to the Service Providers or any individuals associated with the Service Providers. You further acknowledge and agree that Kor is not responsible for any of the reviews related to a Service Provider that may be posted to the Site or App. All of your interactions or dealings with Service Providers, including but not limited to your participation in any Service Provider promotions, your posting of reviews related to the Service Providers, and your purchase or use of any goods or services offered by Service Providers, are at your own risk. YOU HEREBY WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST KOR RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY SERVICE PROVIDER, AND YOU HEREBY RELEASE KOR FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY INTERACTIONS OR DEALINGS WITH SERVICE PROVIDERS.
To the extent applicable, software from this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into, or to a national or resident of, any other country to which the United States has embargoed goods; or (ii) to anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
By accessing and using the Site and/or App with your mobile phone, personal media player, slate computer, tablet computer, or other mobile device (collectively “Mobile Device”), you acknowledge and agree that that you may receive certain communications from Kor (such as text messages and pictures, e-mails, or other electronic communications means). By accessing and using the Site and/or App via your Mobile Device, you may incur fees from your mobile data provider or carrier, and you are solely responsible for the payment of such fees. If you choose to disclose information regarding your actual location (including location-related information provided by your mobile data provider or carrier, provider, or other third party applications), you acknowledge and agree that (1) such information may be made available to other viewers of such information and (2) Kor is not responsible for the correctness of such information and any use of such information by third parties, including other users.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
Kor may provide the Site, the App, and the associated goods and Services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Kor, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
THIS SITE, THE APP, AND THEIR CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY KOR ON AN “AS IS” AND “AS AVAILABLE” BASIS. KOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE APP, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE OR APP, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KOR DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, KOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE, THE APP, AND/OR THEIR CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KOR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. KOR DOES NOT WARRANT THAT THE SITE OR APP WILL OPERATE ERROR-FREE OR THAT THE SITE OR APP OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER OR MOBILE DEVICE WHEN DOWNLOADED. IF YOUR USE OF THE SITE, APP, OR OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, KOR IS NOT RESPONSIBLE FOR THOSE COSTS.
BY USING THE SITE OR THE APP, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE OR APP, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE OR APP, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. KOR DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES WILL PROVIDE ANY DESIRED RESULT, THAT ITS SITE, THE APP, SERVERS OR EMAILS SENT BY OR ON BEHALF OF KOR ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, KOR DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE OR THE APP, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND KOR, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
KOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, THE APP, OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF KOR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, KOR WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE OR THE APP, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE OR THE APP, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON KOR’S COMPUTERS AND/OR SERVERS. KOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF KOR’S GOODS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KOR, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO KOR TO ACCESS ITS SERVICES, THE APP, AND/OR THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless Kor, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this Site, the App, and the Services provided in connection with the Site or App, or your breach of any provision of this Agreement or any warranty provided hereunder.
Copyright Infringement Claims
Kor respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. Kor reserves the right to remove access to infringing material posted to its Site or the App. Such actions do not affect or modify any other rights Kor may have under law or contract. If you believe that any portion of the material contained on this Site or App infringes your copyright, notify Kor of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this Site’s Designated Agent:
To be effective, the Notification must be in writing and contain the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, Kor will:
• Remove or disable access to the material that is alleged to be infringing;
• Forward the written notification to such alleged infringer;
• Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
• A physical or electronic signature of the alleged infringer;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which Kor may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
• Upon receipt of a Counter Notification containing the information outlined above, Kor will:
• promptly provide the complaining party with a copy of the Counter Notification;
• inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided Kor’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on Kor’s network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
From time to time we may run certain contests or sweepstakes on or in connection to the Site or App. Each such contest or sweepstakes will have its own rules and conditions, which shall be in addition to the terms in this Agreement. Participation in any such contest or sweepstakes requires your acceptance of such rules and conditions.
This Agreement represents the entire understanding between us regarding your use of the Site and App, and supersedes all other agreements, express or implied, between us. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Kor. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Kor’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the Site/App shall be BINDING ARBITRATION administered by the American Arbitration Association in the Commonwealth of Virginia, County of Fairfax. By using the Site/App or the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Kor or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Kor (except for small-claims court actions) may be commenced only in the federal or state courts located in the Commonwealth of Virginia, County of Fairfax or City of Alexandria. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and Daily Burn, shall be governed by the laws of the Commonwealth of Virginia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions or suggestions regarding these terms and conditions, please contact us at: