Kiwihealth Terms and Conditions

Access to and use of the Kiwi Health, Inc. (“Kiwi”) website is provided subject to the following terms and conditions (Terms and Conditions of Use”).

1.    Your Use of this Website is Governed by These Terms and Conditions of Use
Please read these Terms and Conditions of Use carefully.  By using this website, you are indicating that you agree to be bound by these Terms and Conditions of Use.  If you do not agree to any term or condition, you should not access or otherwise use this website.  You may print and keep a copy of this agreement.

2.    These Terms and Conditions of Use May Change
We reserve the right to change, revise, suspend, discontinue, modify, or remove the contents of these Terms and Conditions of Use, and/or withdraw information and/or products and services on the website at any time or for any reason at our sole discretion without notice.  However, we have no obligation to update any information on our website.  We also reserve the right to modify or discontinue all or part of the Kiwi platform offerings (“Platform Offerings”) without notice at any time.  We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website or Platform Offerings.
We cannot guarantee the website and the Platform Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website or the Platform Offerings during any downtime or discontinuance of the website or the Platform Offerings.  Nothing in these Terms and Conditions of Use will be construed to obligate us to maintain and support the website or the Platform Offerings or to supply any corrections, updates, or releases in connection therewith.
If we do make any changes, we will update this document accordingly.  It is your responsibility to access this document whenever you visit this website to determine if there have been any changes to these Terms and Conditions of Use.  By using this website, you will be indicating that you agree to be bound by the changes.  If you do not agree to be bound by the changes, do not use this website.

3.    Intellectual Property Rights
The content on the website, except for all content created by users, including without limitation, the trademarks, service marks, logos, or other proprietary information, such as images, text, page layout, or form, contained therein, is owned by or licensed to Kiwi, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  The content on the website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  Kiwi reserves all rights not expressly granted in and to the website and the materials on this website.  You agree to not engage in the use, copying, or distribution of any of the materials on this website other than expressly permitted by Kiwi, including any use, copying, or distribution of third parties’ materials obtained through the website for any commercial purposes.  If you download or print a copy of the materials on this website for personal use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any materials on this website or enforce limitations on use of the website or the materials therein.  You may use the website and services only as permitted by law.

4.    Digital Millennium Copyright Act (“DMCA”) Notice
The Digital Millennium Copyright Act of 1998 provides protection to copyright owners and establishes recourse against copyright infringement.  It is our policy not to permit materials known by us to be infringing to remain on this website.  If you believe that material on our website infringes a third-party copyright, you may send Kiwi a notice of copyright infringement under the DMCA.  Upon receipt of a proper notice of claimed infringement, we will respond promptly by removing or disabling access to the material claimed to be infringing that is in our direct control.  Please send all notices in writing to: info@kiwihealth.com.

5.    Usage Restrictions
Material from this website is owned, maintained, operated, licensed or controlled by Kiwi.  Modification or use of the materials for any other purpose violates intellectual property rights.  Except as described otherwise, all materials in this website are made available only to provide information.  Use of this website is prohibited in connection with any commercial endeavors, except those that are specifically endorsed or approved by us, or where such use is in violation of the applicable laws.  As a user of the website, you agree not to:
Tamper with this website.
Conduct fraudulent activities on or in relation to this website.
Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Platform Offerings, including collecting usernames and/or 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.
Use a buying agent or purchasing agent to make purchases on the website.
Use the website to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website and/or the content contained therein.
Engage in unauthorized framing of or linking to the website.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the website in order to harass, abuse, or harm another person.
Use the Platform Offerings as part of any effort to compete with us or otherwise use the website and/or the content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
Attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform Offerings to you.
Delete the copyright or other proprietary rights notice from any content.
Copy or adapt the website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform Offerings.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website.
Use the website in a manner inconsistent with any applicable laws or regulations.

6.    Third Party Links
This website may be linked to other third party websites which are not controlled by Kiwi.  Kiwi is not responsible for the content of those websites.  Inclusion of a link to a third party website does not imply or constitute an endorsement by Kiwi.  All such third party websites are wholly independent from this website and from Kiwi, and Kiwi has no control or power over such websites including their content.  The views, opinions, statements, offers or other information or content expressed in such websites are those of the respective author(s) or distributor(s) and not Kiwi.  If you visit any of the linked websites, we urge you to review their respective terms and conditions of use, as well as their policies on privacy and security.  Mention of and links to third party companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated.
THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON THIRD PARTY WEBSITES OTHER THAN THOSE CREATED BY Kiwi OR ITS AFFILIATES OR AGENTS IS BEYOND THE CONTROL OF Kiwi, AND Kiwi MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH WEBSITES.

7.    Information We Collect
We collect information from and about users of our website directly from you when you provide it to us and automatically when you use the website.  This information include, but not limited to:
Personal information that identifies you or could reasonably be used to identify you personally, such as your name, address, phone number, or email address.  We may also ask you to provide us with certain personal information in connection with the use of this website and the Platform Offerings.  Personal information also includes information you provide by filling in forms in the website and records or copies of your correspondence and messages sent to Kiwi, if you contact us.
Website usage details when you access and use the website, including traffic data, location data, logs, browser type, IP addresses, device identifier, and other communication data and the resources that you access and use on or through the website.  This information is used to analyze and improve this website and customer experience.
Cookies when you access and use the website.  Cookies are pieces of information that our website either transfers to your computer’s hard drive or stores temporarily in your computer’s memory for record-keeping purposes.  We may use cookies for a number of purposes, including but not limited to tracking browsing activity information in order to improve the quality of our services.  We may use and disclose your browsing activity information to the extent permitted by these Terms and Conditions of Use or by law.  Other ways we may use your browsing activity include: marketing development, tracking data and resources accessed on our website, updating and servicing our website, and tracking the identity of the website you visited immediately prior to vising this website.  Most browsers accept cookies automatically.  You can reset your browser to refuse all cookies or to indicate when cookies are being sent.  However, we recommend that you accept cookies so that we can offer you a better experience on this website.  If disable cookies, you may be unable to access certain parts of our website.
To read more about our privacy practices, visit our Privacy Policy at https://www.kiwihealth.com/privacy-policy/

8.    Term and Termination
These Terms and Conditions of Use shall remain in full force and effect while you use the website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE PLATFORM OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE PLATFORM OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend 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, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive relief.

9.    No Warranty
THE WEBSITE AND THE PLATFORM OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.  YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE PLATFORM OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE PLATFORM OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) 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 WEBSITE.  WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE,  ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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 JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

10.    Limitations on Liability
NEITHER KIWI NOR ANY OF OUR DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGE, LOSS, HARM, OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THIS WEBSITE, WHETHER CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING Kiwi FEATURES OR CONTENT OR OTHERWISE.  IN NO EVENT WILL Kiwi OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY USERS IN RELIANCE ON SUCH FEATURES OR CONTENT.  Kiwi AND ITS AFFILIATES AND AGENTS SHALL NOT BE LIABLE TO USERS OR ANYONE ELSE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY ATTORNEYS’ FEES, COSTS, EXPENSES, OR DAMAGES, INCLUDING, WITHOUT LIMITATION, GENERAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, INDIRECT, EXEMPLARY, OR SIMILAR DAMAGES, OF ANY KIND ARISING OUT OF YOUR USE, ACCESS OR INABILITY TO ACCESS THIS WEBSITE OR YOUR RELIANCE UPON ANY INFORMATION CONTAINED IN THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11.    Website Management
We reserve the right, but not the obligation, to:  (1) monitor the website for violations of these Terms and Conditions of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website and the Platform Offerings.

12.    Entire Agreement
These Terms and Conditions of Use constitute the entire understanding and agreement between Kiwi and you with respect to the subject matter hereof and supersede any and all prior understandings or agreements, whether electronic, oral, or written.

​13.    Severability
These Terms and Conditions of Use shall be deemed severable.  In the event that any provision of these Terms and Conditions of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

14.    Governing Law
Your use of this website and all related rights and obligations shall be governed by the laws of the United States of America and the State of California, as if your use was a contract wholly entered into and wholly performed within the State of California.