利用規約｜Kamada America

These Website Terms of Use (these "Terms"), along with our Company Privacy Policy, constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Kamada Foods International (America), Ltd. and its affiliated companies (collectively, “KA,” "Company," "we," "us," or "our"), concerning your access to and use of the website located at https://kamadaamerica.us/, including any content, functionality, and services offered on or through the same, as well as any other media format, media channel, mobile website or mobile application related or connected thereto (collectively, the "Sites"), whether as a guest or a registered user.

Please read the Terms carefully before you start using the Sites. YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE BY USING THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITE.

You must be at least 13 years old and residing in the United States or any of its territories or possessions to use or access the Sites in the United States. If you are under 18 years of age (a “Minor”), you represent that you have your parent or guardian’s permission to use the Sites and the Company Services (as defined below) and a parent or guardian has read these Terms with you. If you are a parent or legal guardian of a Minor, by allowing your child to use the Company Services, you are subject to these Terms and responsible for your child’s activity on the Sites. If you do not meet all of these requirements, you must not access or use the Sites.

The Sites provide the following services (collectively, the "Company Services"): (a) our products, (b) selling our products online, (c) providing information on Company products and history, customer reviews, customer registration, recipes using Company products, and updates on Company news, and (d) any new feature or service as the Company deems fit.

Company makes no representation that the Sites are appropriate or available in other locations other than the United States or any of its territories or possessions. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country.

KA will bill you through a third-party payment service provider for any sales made on our Sites. By using our payment options, you agree to pay KA all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase on the Sites plus any applicable sales tax, and you authorize KA to charge your selected payment provider for any such purchases. You further agree to make payment using that selected payment method. All prices are tax excluded. Sales tax or any other tax may be added on top of the price as required by applicable state law. Company may change prices at any time at its sole discretion. All payments shall be in U.S. dollars.

All sales made on the Sites are subject to Company’s general terms and conditions of sale then current at the time of sale.

All sales are final and no refunds shall be issued.

Regarding your registration

By using the Company Services, you represent and warrant that:

all registration information you submit is truthful, complete, and accurate;
you will maintain the accuracy of such information;
you will keep your password confidential and will be responsible for all use of your password and account;
you are at least 13 years old;
you are not a Minor, or if a Minor, you have received permission from your parent or guardian to use our Sites and a parent or guardian has read these Terms with you; and
you do not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites' registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. We shall not be liable for any damages caused to any user due to any false information or error or omission in the registered information.

You shall be liable for any damages caused by inadequacy, negligence, or error in the management, custody, or use of your account, or theft, illegal, or unauthorized use by a third party.

Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof) if any of the following events has occurred:

You have breached any of the provisions of the Terms.
Your use of the Company Service has caused or is likely to cause damages or loss to the Company, other users, or a third party;
You have failed to pay any fees when due;
You become unable or admits to its creditors its inability to pay its debts generally as such debts become due;
A petition is filed by or against you for the institution of proceedings for bankruptcy or civil rehabilitation, or the like proceedings;
We deem it necessary for the operation and maintenance of the Company Services;
Your username infringes or is likely to infringe upon the rights of a third party, including intellectual property rights;
Your use of the Sites violates or is likely to violate laws and regulations or public order and morals;
We determine that there is any other ground that is similar to the ones set forth in the preceding items.

We shall not be liable for any damages or loss of any kind caused to the user by the suspension of the user’s use of and access to the Sites and the Company Service or the deletion of the user’s account under this Article.

You hereby authorize us to retain or have access to the information that you have provided to us to the extent necessary for the administration and operation of the Company Services even after your account is deleted.

By posting any comments, ideas, opinions, suggestions, feedback, or other submissions (collectively, “Contributions”) to any part of the Sites, or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to KA an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, fully-paid up, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and prepare derivative works of the foregoing. You acknowledge and agree that such Contributions are non-confidential for all purposes and that we have no control over the extent to which any idea or information within any Contribution may be used by any party or person once such content is posted or displayed on the Sites. All users shall remain solely and exclusively responsible for any liability arising from their own Contributions to us.

The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

Company has the right, in its sole and absolute discretion, to (i) edit, redact, delete, or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.

By uploading your Contributions to the Sites, you hereby authorize Company to grant to each other user a personal, limited, non-transferable, non-sublicensable, perpetual, non-exclusive, royalty-free, fully-paid up license to access, download, copy, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

KA may accept, reject or remove Contributions posted on any part of the Sites in its sole discretion. KA may but has absolutely no obligation to screen reviews or to delete Contributions, even if another user considers the Contributions objectionable or inaccurate. Users posting Contributions must comply with the following criteria:

users submitting a Contribution shall have firsthand experience with the Company or the products being reviewed;
Contributions shall not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity;
users shall not be affiliated with competitors if posting negative reviews;
users shall not make any conclusions as to the legality of conduct;
users may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative;
users shall not infringe on trademarks, logos, names, or any other rights related to a third party’s work, services, or product;
users shall not impersonate other users; and
users shall not engage in any act that provokes, encourages, or facilitates, directly or indirectly, any of the acts listed in the preceding items.

Users are not endorsed by KA, and do not represent the views of KA. KA does not assume liability for any Contributions or for any claims, liabilities or losses resulting from any Contributions.

As part of the functionality of the Sites, you may link your account with online accounts you may have with third-party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Sites; or (ii) allowing KA to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Part Account login information to KA and/or grant KA access to your Third Part Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating KA to pay any fees or making KA subject to any usage limitations imposed by such Third party service providers. Please note that if a Third Party Account or associate service becomes unavailable or KA’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Sites. You will have the ability to disable the connection between your account on the Sites and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. KA may at any time at its sole discretion deactivate the connection between the Sites and your Third Party Account.

You may not access or use the Sites for any other purpose other than that for which KA makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically approved in writing by KA. Prohibited activity includes, but is not limited to:

attempting to impersonate another user
criminal or tortious activity
attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites
deleting the proprietary rights notice from any Sites' content
engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
except as may be the result of standard search engine or internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software
harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Site
making any unauthorized use of the Company Services, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
selling or otherwise transferring your profile
systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
tracking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as password
using any information obtained from the Sites in order to harass, abuse, or harm another person
using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
using the Sites in a manner inconsistent with any and all applicable laws and regulations
infringing our intellectual property rights or those of any third party in relation to your use of the Company Services
engaging in any acts that provokes, encourages, or facilitates, directly or indirectly, any of the acts listed in the preceding items
T. engaging in any other act that Company deems inappropriate for the management and operation of the Company Services

Except for any rights as set forth herein, the contents on the Sites (collectively, "KA Content") and the trademarks, service marks, logos, and trade dress contained therein ("Marks") are owned exclusively by or licensed to KA, and are subject to trademark rights, and other intellectual property rights under United States and foreign laws and international conventions. KA Content includes, without limitation, all source code, databases, functionality, software, Sites' designs, audio, video, text, photographs and graphics. All KA graphics, logos designs page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of KA or its licensor in the United States and/or other countries. Marks may not be used, in whole or in part, including as part of trademarks and/or domain names, in connection with any product or service in any manner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the KA.

KA CONTENT IS PROVIDED TO YOU "AS IS" FOR YOUR INFORMATION AND PERSONAL USE ONLY and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of KA. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the KA Content and to download or print a copy of any portion of the KA Content to which you have properly gained access solely for your personal, non-commercial use. KA reserves all rights not expressly granted to you in and to the Sites and KA Content and Marks. YOU AGREE TO USE THE INFORMATION AND OUTPUT PRODUCED BY THE SITES, INCLUDING THE KA CONTENT, AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND THE COMPANY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR COMPUTER, SOFTWARE, MOBILE DEVICE, AND OTHER EQUIPMENT, RESULTING FROM YOUR USE OF THE SITES, THE COMPANY SERVICES, AND ANY KA CONTENT.

The Sites contains (or you may be sent through the Sites or the Company Services) links to other third-party websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Content accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, options, reliability, privacy practices or other policies of or contained in the Third Party Websites. Accessibility to Third Party Content from the Sites does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our teams and policies no longer govern. You should review the applicable terms and policies, including privacy and data collection practices, of any Third Party Website to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you may make through Third Party Websites will be from other companies and not from Company, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

KA reserves the right but does not have the obligation to:

monitor the Sites for violations of these Terms;
take appropriate legal action against a user who, in KA’s sole discretion, violates these Terms, including without limitation, reporting such user to law enforcement authorities;
in KA’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate these Terms or any KA policy;
in KA's sole discretion and without limitation, notice or liability, remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to KA's systems:
otherwise manage the Sites in a manner designed to protect the rights and property of KA and others and to facilitate the proper functioning of the Sites.

These Terms and any licenses granted hereunder are effective on the date you first use or access the Sites or the Company Services and shall remain in full force and effect while you use the same, unless the Terms are terminated under this Article. You may terminate these Terms effective immediately upon by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY TERMS, REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGURATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARINING, IN COMPANY'S SOLE DISCRETION.

In order to protect the integrity of the Sites and the Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.

Upon termination of these Terms, any license granted hereunder will automatically terminate and you must cease access to or use of the Sites, KA Content, and the Company Service immediately, but any provision of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

To Terms

Company may modify, supplement, delete, and otherwise change any part of these Terms from time to time in its sole discretion. Any and all changes to these Terms will be posted on the Sites and revisions will be indicated by date. All changes are effective immediately when we post them. You agree to be bound to any changes to these Terms when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to (but Company is in no way not obligated to) alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore required that you keep your account information current to ensure you are informed of changes. You agree that you will periodically check the Sites for updates to these Terms and you will read the messages we send you to inform you of any changes.

To Company Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services or any part thereof.

Between Users

If there is a dispute between users of the Sites, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release and indemnify Company, its officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against claims, actions, demands, loss, liability, and damages (actual, direct, indirect, incidental, and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, matured or unmatured, arising out of or in any way related to such disputes and/or the Company Services.

With Company

A. Governing Law; Jurisdiction. These Terms and all aspects of the Sites and the Company Services shall be governed by and construed in accordance with the internal laws of the State of Washington, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in 14 County, State of Washington, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the international Sales of Goods is excluded from these Terms.

Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms. In no event shall any claim, action or proceeding by you related in any way to the Sites or Company Services be instituted more than one (1) years after the cause of action arose.

B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirteen (13) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the International Centre for Dispute Resolution-the American Arbitration Association ("ICDR-AAA") and, where appropriate, the ICDR-AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the ICDR-AAA website https://www.icdr.org/. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in King County, State of Washington. Except as otherwise provided in these Terms, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) and Disputes seeking to enforce or protect, or concerning the validity of any of your or Company's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without notice.

Company cannot control the nature of all of the content available on the Sites. By operating the Sites, Company does not represent or imply that Company endorses any blogs, Contributions or other content available on or linked to by the Sites, including without limitation content hosted on Third Party Websites or provided by third party applications, or that Company believes Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any Contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Sites or Company Services.

YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. THE SITES AND THE COMPANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EVEN IF COMPANY HAS BEEN INFORMED OF SUCH PURPOSE, AND WHETHER ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO REPRESENTATIVE OR AGENT OF COMPANY IS AUTHORIZED TO CREATE ANY WARRANTY OBLIGATIONS OF COMPANY. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCSE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SERVICE PROVIDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO TＨE CONTRARY CONTAINED HEREIN, COMPANY‘S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY PRODUCTS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

CERTAIN STATES 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTIN THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

You agree to defend, indemnify and hold Company and its respective officers, directors, agents, licensors, contractors, suppliers, partners, employees, successors, and assigns harmless from and against, any loss, damage, liability, costs, and expenses, including reasonable attorneys' fees and expenses, as well as any direct and third-party claims, demands, actions, or other proceedings due to or arising out of your Contributions, use of the Company Services, and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company‘s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process. You agree in advance that notification or information regarding the Sites or the Company Services, including changes to these Terms, may be given and/or communicated to your registered email address. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

Our Sites will maintain certain data that transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Sites or the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

These Terms constitute the entire agreement between you and Company regarding the use of the Company Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites. The failure of Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. Company may assign these Terms and any or all of its rights and obligations to others at any time without notice. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provision. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of these Terms or use of the Sites and Company Services. Upon Company's request, you will furnish Company and documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Notices:Any notice required to be given by you pursuant to these Terms shall be in by submitting a query on the contact page or by email.
Our email address is: info-us@kamadaamerica.us
Feedback, comments, requests for technical support, and other communications relating to the Sites should be sent via inquiry form available here.