Wellness Kansas - Terms and Conditions of Use
By accessing and browsing our site, you accept, without
limitation or qualification, all Terms and Conditions.
DISCLAIMER OF WARRANTIES
WellnessKansas.com, publishes
information on the Internet to enhance public access to our information.
Your use of the service is at your sole risk. The service is provided on
an "as is" and "as available" basis. WellnessKansas.com expressly
disclaims all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement
WellnessKansas.com makes no warranty
that (i) the service will meet your requirements, (ii) the service will
be uninterrupted, timely, secure, or error-free, (iii) the results that
may be obtained from the use of the service will be accurate or
reliable, (iv) the quality of any products, services, information, or
other material purchased or obtained by you through the service will
meet your expectations, and (v) any errors in the software will be
corrected.
Any material downloaded or otherwise
obtained through the use of the service is done at your own discretion
and risk and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download of any
such material.
No advice or information, whether oral or
written, obtained by you from WellnessKansas.com or through or from the
service shall create any warranty not expressly stated in this terms.
Although the information and
profile assessments
contained herein, and on the WellnessKansas.com web sites, have been compiled from sources believed to be reliable, WellnessKansas.com and
assigns, makes no guarantee, representation, assurance or warranty,
express or implied, as to, and assumes no responsibility for the correctness,
sufficiency or completeness of such information or answers or of the scoring of
profiles, assessments, surveys, or
tests contained herein. ALL ASSESSMENTS, SURVEYS, PROFILES, OR TESTS ARE PRESENTED IN AN "AS IS"
CONDITION AND ANY WARRANTIES FOR FITNESS OF PURPOSE OF MERCHANTABILITY ARE
HEREBY EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY
You assume full responsibility, and WellnessKansas.com, and its owners, officers, and board, shall not be liable for,
(i) your use and application of profiles or assessments, (ii) the
adequacy, accuracy, interpretation or usefulness of profiles or
assessments, and (iii) the results or information developed from
your use or application of profiles or assessments. You waive any claim or rights of recourse on
account of claims against WellnessKansas.com, and its owners, officers,
and board, either in your own right or on account of claims against
WellnessKansas.com, and its owners, officers, and board by third parties. You shall
indemnify and hold WellnessKansas.com, and its owners, officers, and
board, harmless against any claims, liabilities, demands or suits of third parties. The
foregoing waiver and indemnity shall apply to any claims, rights of recourse,
liability, demand or suit for personal injury, property damage, or any other
damage, loss or liability, directly or indirectly arising out of, resulting from
or in any way web sites' assessments or information, or the use, application, adequacy, accuracy,
interpretation, usefulness, information, or management, or the results or information developed from any
use or application of profiles, assessments, or other information, and whether based on contract obligation, tort liability
(including negligence) or otherwise. In no event will WellnessKansas.com, and its owners, officers, and board, be liable for any lost profits or other
consequential damages, or for any claim against you by a third party, even if
WellnessKansas.com, and its owners, officers, and board, has been advised of
the possibility of such damages.
WellnessKansas.com, and its
owners, officers, and board, shall not be liable
for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses resulting from:
(i) the use or the inability to use the service; (ii) the cost of
procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or messages received
or transactions entered into through or from the service; (iii)
unauthorized access to or alteration of your transmissions or data; (iv)
statements or conduct of any third party on the service; or (v) any
other matter relating to the service.
All claims arising out of the use of this site
shall be governed by applicable laws and users of this site hereby
irrevocably submit to the jurisdiction of the state of incorporation, and agree to initiate and prosecute
any and all claims that may be brought against WellnessKansas.com and assigns, and irrevocably waive any objection they may now or
hereafter have as to the venue of suits or that such Courts are an inconvenient
forum. Users of this site further agree that WellnessKansas.com and assigns
shall not be responsible or liable to users or any other person as
successor, assignee or third party beneficiary of users for indirect,
punitive, exemplary, special or consequential damages which may be
alleged as resulting, directly or indirectly, from the use of this site.
These Terms and
Conditions, copyright notices, legal notice, business policies, privacy
security statements, are governed by the internal substantive laws of the
state of incorporation of WellnessKansas.com, without respect to its conflict of the laws' principles. If any
provision of these Terms and Conditions is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms
and Conditions, which shall remain in full force and effect. No waiver of
any of these Terms and Conditions, expressed or implied, shall be deemed a further or continuing
waiver of such term or condition or any other term or condition.
In no event shall
WellnessKansas.com, and assigns, its licensors, its suppliers or any third parties mentioned on the
Site, be liable for any damages (including, without limitation, incidental
and consequential damages, personal injury/wrongful death, lost profits,
or damages resulting from lost data or business interruption) resulting
from the use or inability to use the Site or the Content whether based on
warranty, contract, tort or any other legal theory, and whether or not
WellnessKansas.com is advised of the possibility of such damages.
WellnessKansas.com shall be liable
only to the extent of actual damages incurred by you, not to exceed U.S.
$1.00. WellnessKansas.com is not liable for any personal injury, including death, caused
by your use or misuse of its Web Sites or Content.
INDEMNITY
WellnessKansas.com, and its
owners, officers, and board, its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
sub-contractors, and
employees, are indemnified from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of content, posted to or transmitted through any WellnessKansas.com web site, the use of our web
sites, a violation of our Terms of Use, or a
violation of any rights of another.
You agree to defend,
indemnify and hold WellnessKansas.com, its officers, directors, employees, agents,
licensors and suppliers, harmless from and against any claims, actions or
demands, liabilities and settlements including without limitation,
reasonable legal and accounting fees, resulting from, or alleged to result
from, your violation of these Terms and Conditions.
COMPLETE
AGREEMENT
Except as expressly
provided elsewhere on the web sites of WellnessKansas.com, these Terms and Conditions,
Policies, Security & Privacy Statements, Legal and Copyright Notices, constitute the
entire agreement between you and WellnessKansas.com with respect to the use of the Site
and Content.
WellnessKansas.com may at any time revise these Terms and
Conditions, Legal Notices, Statements, Policies & Practices, by updating this posting. You are bound by any such revisions and
should therefore periodically visit this page to review the then current
documents and postings to which you are bound.
Questions?
Email us at this link:
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