Last Updated January 1, 2024
When using the https://joinkiaora.com website and associated pages and KIAORA branded websites (the Site), you agree to be legally bound by this “Terms of Use” document. Kiaora manages and owns this site and provides our clients access to and use of certain health products and health services (“Services”). Use of any questionnaire, information, research, mobile app, or any other information and/or services (collectively, the “Site”) will be governed by these Terms of Use (“Terms”). (Please NOTE: we, us, our, or ourself” refer to Kiaora) Kiaora is not a medical group or doctors organization. Instead, we have built a team of Doctors, Nurse Practitioners, Researchers, Pharmacists, Lab Test companies and other associated specialists (collectively referred to as the “Provider(s)”) to bring better health, mainly through hormone balance and hormone replacement and peptide therapy. Any terms defined herein shall have the same force and effect throughout the entirety of this Terms of Use and in all KIAORA Policies set forth and incorporated herein and/or published on the Site.
Through the Team of Providers, KIAORA gives clients access to telemedicine consultation and Physician “visits” as provided by independent physicians and nurse practitioners based in the United States. KIAORA does not directly provide medical treatment or medical advice. KIAORA is a facilitator offering the Site as a launching point to a platform where medical professionals can provide their respective services to users thereof. We process information entered by our clients in addition to any lab tests or information gathering pages furnished by the Providers to facilitate targeted solutions for improving your overall health. Our client (“you” or “your”) enters information in the Provider Portal and the Physicians may offer Prescription medication(s) and other products intended to improve your health. These prescriptions will be fulfilled by the pharmacy Provider who sends medications and other products to your address. By agreeing to our Terms and purchasing any prescription offered through Provider sites, you explicitly agree to the following:
Services Provided
KIAORA is a tele-health facilitator and an electronic commerce website for the purpose of improving access to healthcare for our clients. We have contracted with Physicians, Pharmacies, Lab Test Providers, and other (Providers) to give a complete set of services and the delivery of valuable medications and products to each client who agrees to purchase these products per the Terms contained herein. These contracted Providers have experience and industry knowledge in their areas of practice.
Any Providers listed are independent of KIAORA and represent that they have the appropriate training, licensing, equipment and experience to supply their services at a high level. KIAORA is not making any representations or warranties related to the training, licensing, equipment or experience of its Providers other than verifying what information the Provider has given directly to KIAORA. Any data, recommendation or advice received from the Provider comes from them alone, and not from KIAORA. As a result, you hereby release KIAORA and its employees, partners, affiliates, or any other party from any liability for professional recommendations made by another Provider and/or the results thereof. KIAORA does not endorse or advocate any particular Physician, Pharmacy, lab test provider or other professional involved. By using this Site and our Services, you agree that your dependence on a Provider or any advice or recommendation from said Provider is solely at your own risk and you carry and hold KIAORA harmless from all liability and responsibility for this choice. In addition, any action by a Provider of KIAORA, will not reflect on or produce a liability for another Provider that we affiliate ourselves with.
Any interaction you have with a Provider via our Website is not intended to replace your doctor-patient relationship with your primary care physician or other professional. KIAORA makes no claim or warranty as to the training or particular skill of the contracted Providers, even if contacted via our Site. You hold the ultimate choice as to your acceptance or rejection of a Provider.
KIAORA ventures to provide valuable information about health and hormones from sources worldwide that appear to be valid and well researched. KIAORA may provide this content via text, audio, photo, video, infographics, and other formats. NONE of this content constitutes a diagnosis, recommendation, prescription, treatment or professional medical advice. KIAORA’s Site knowledgebase and information does not constitute a provider-patient relationship based on any state or federal law. If you have questions about any prescription or diagnosis, please contact your Provider through the Patient Portal on this Site or your primary care provider.
Based on regulations and laws of the United States, KIAORA will continue to update the Services as our offering evolves without prior notice. KIAORA retains the right to modify, limit or discontinue any given service or offering. Any unwanted consequences of the use of the Site are strictly the responsibility of the user. The Site may include advertisements for KIAORA products, Provider products or any other form of advertising which may change from time to time at our discretion. Any documents or supplemental terms and conditions which are included on the site or are added to the Site are expressly incorporated into these Terms of Use. Any continued use of the Site constitutes your acceptance of all Terms. KIAORA reserves the right to suspend or remove users from our Site and Services at any time without incurring any liability. Without prior notice, KIAORA may remove or limit your access to our Site and Services for any reason at our sole discretion.
KIAORA DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR THAT ANY ERRORS WILL BE CORRECTED. KIAORA PROVIDES THE SITE “AS-IS” AND MAKES NO REPRESENTATIONS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY EXPRESSED OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, MERCHANTABILITY, OR NON-INFRINGEMENT. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY AND RISK IN USING THIS SITE AND THE SERVICES.
Account Creation and Registration by User (“Registration” or “Registered”)
The KIAORA Site is intended to be used for informational and educational purposes - not the provision of professional medical advice. At the point that you agree to become a client of KIAORA and use our Services, you must create and register an account through this Site which is housed on a TeleMedicine platform provided by a contracted Provider. You must provide accurate and thorough information. This account must include your legal name, a valid state issued photo ID, your birth date, other personal information and a password you choose so that your account will be secure.
You agree to keep your password confidential and you will be responsible for all forms of use of your account and password. KIAORA retains full right to remove or change a selected username if it is obscene, offensive or inappropriate at our sole discretion. Should you lose or forget your password or log-in information, please use our “reset password” option or contact our customer service via the links on our Site.
Your account Registration process includes a “Questionnaire” that asks detailed questions about your health, medical history and physical processes and attributes in addition to your personal information like name, age, gender, etc. You are solely responsible for keeping your registration information accurate and up to date. The detailed information you provide is the primary basis for the Provider physician to determine the appropriate prescription.
Your account is the connection point between you and all of our offerings, products and Services. In addition, it is the access point to the patient portal that the Providers maintain to confirm your health needs and prescribe products meant to improve your health and/or hormone balance. The KIAORA site is the launching point where patients are directed to the Provider’s Patient Portal and are connected with contracted providers that we have selected. The Patient Portal is meant to provide a connection to a Medical Professional for the purpose of building a doctor-patient relationship with one of the Providers licensed in your state in order to provide you with prescriptions and other health related products. The KIAORA site does not in any way build a doctor-patient relationship between you and KIAORA or any of our employees. By using the KIAORA Site and KIAORA services, you explicitly agree to these Terms. You acknowledge and agree that KIAORA is the facilitator of the information you provide to the Providers and KIAORA bears no responsibility in how your information is understood or utilized by a recipient Provider.
Prescription Policy
Some of the products offered via the Provider’s sites require a valid prescription by a licensed medical Provider. In order to receive a prescription from one of the Providers, you must do each of the following:
Your order for a prescription product will not be processed until a Physician has a TeleMed consultation with you, evaluates the clinical appropriateness of the product, and provides a prescription for the product(s) you ordered. Products ordered that do not require a prescription will be shipped upon payment. Once the pharmacy Provider fills your prescription and sends it, neither KIAORA nor any Provider will accept return of these custom compounded products.
You agree that any prescriptions that you receive from a Provider through your KIAORA account will be solely for your personal use. You agree to completely and carefully read any product information and labeling that accompanies the product and to contact a Provider physician or pharmacist through the patient portal if you have any questions regarding the prescription. You are always free to contact a Provider outside of KIAORA’s contracted group, but may find that they do not have the same level of familiarity with Bio-identical Hormone Replacement Therapy (“BHRT”) and give different advice on treatment.
Payment for Services
KIAORA offers the products and Services to our clients based on purchases made in U.S. dollars. In order to keep costs down, many of the prescriptions are configured in packages that contain several weeks’ worth of product. In addition, most of these prescriptions are configured as a subscription that will renew on a recurring basis. When it is time for the prescription to be refilled, KIAORA will charge your form of payment on file in your account and a pharmacy Provider will send the prescription to the address listed in your account (which you are responsible to keep up to date). KIAORA will continue to fill these prescriptions and charge your form of payment until one of the following occurs:
If your form of payment in your account is declined, we will send you notice of the decline and ask you to update your payment information in order to continue receiving your prescriptions uninterrupted. KIAORA will not be liable in any way for any difficulties or consequences of an interrupted prescription for any cause, including your lack of a valid form of payment, and you hereby hold KIAORA harmless for any claims related thereto.
By entering your form of payment to purchase items and Services in the Cart, you explicitly authorize KIAORA and any of the third party payment processing Providers to charge the amount due in your cart once you approve the purchase. Your Subscription fee may change from time to time based on changes in dosage, prescription or form of product. You can cancel at any time by logging into the Site and choosing to cancel your subscription or close your account. Cancellation will take effect within 24 hours of action taken. Any refills and orders that are paid and within 48 hours of shipment will be sent and cancellation will take effect after the current shipment.
Medicare and Medicaid do not cover the products and Services provided by KIAORA and we will not submit claims to these agencies or your health insurance. By using this Site, you agree and confirm that you are solely responsible for payment for products and services provided by KIAORA, and KIAORA will not make any claim submissions on your behalf.
Insurance, HIPAA, HSA Cards and FSA Cards
KIAORA is not an insurance provider and does not work with health insurance companies. Each client has the responsibility to confirm if their HSA or FSA card is valid for the purchase of the products they pay for on KIAORA’s site. Rules for use of HSA or FSA cards may vary by state and will be totally at the discretion of our client. Since KIAORA is not an insurance provider and does not accept insurance payments or work with insurance companies, we are not bound by the HIPAA legislation enacted by the U.S. government. Even so, KIAORA uses current and common information and data protection schemes on our Site and databases so that your information will be protected. KIAORA does not fall under the Health Insurance Portability and Accountability Act of 1996, and its related regulations (“HIPAA”) as a covered entity. The medical professionals and pharmacies who provide services to you via our affiliation may or may not be covered entities under HIPAA.
By using the KIAORA Site, entering information in a Provider Patient Portal and/or receiving TeleMed consultation with the Contracted Providers through the Patient Portal, you are specifying that you agree to KIAORA retaining information on your health, personal contact information, current and past prescriptions obtained through our Site and any Medical Records created as a result of using our Services. KIAORA is not responsible for the actions taken by the affiliated Providers (Physicians, Pharmacy professionals, and lab test partners, etc) and their use of your data and information. We have a relationship via a services contract and we function as a business associate of these Providers.
Ending a Registration and Account
KIAORA will promptly respond to a cancellation of your account which will serve to end your registration with our Site. Since prescriptions are packed and shipped several days before you run out of a current prescription, any cancellation will be finalized within 48 hours of your action to cancel. Any subscription based purchase already packaged and/or shipped will be delivered and no refund will be given. No charges will be made beyond 48 hours from your cancellation date.
Third Party Websites and Services
KIAORA has contracted with other professional organizations, medical services providers, Physicians, mail order pharmacies, lab testing providers, and content providers in order to bring extensive health information to our clients. KIAORA’s Site may link to other websites (“Third Party Site(s)”) which might provide educational articles, videos, graphics, podcasts, etc. for the edification of our clients. Any link to Third Party Sites and their content are to be used at your discretion and KIAORA has no control over their Site or content. Further, KIAORA does not endorse or approve their content or actions. KIAORA does not endorse any products or services from these other sites. If you follow a link from the KIAORA Site, you shall hold KIAORA harmless for any negative outcomes and/or claims in relation to these Third Party Sites.
Provider Physicians, Professionals and KIAORA Policy
In order to provide the Services to our clients, KIAORA contracts with organizations that provide Tele-Medicine services,TeleDoc consultations and Mail Order Pharmacy services. These Physicians and other Providers may use the Site from time to time to confirm product information, check patient information or other tasks. All Physicians using the Site to provide the Services, must agree to comply with all State and Local licensing board laws, regulations, and medical guidelines applicable to the Services. The Physician’s relationship to any KIAORA clients is a direct doctor-patient relationship not involving KIAORA. KIAORA is solely a facilitator of information and does not practice medicine and does not offer medical advice or services directly. Any Physician who is a Provider, is fully responsible for all advice, interactions, prescriptions, notices or directives given to their patient, even if the patient came by way of KIAORA. KIAORA will not be responsible for any action taken by a Physician with their patient and you hereby hold KIAORA harmless for any and all claims related thereto.
Electronic Communications, Purchases and Consent
Any visitor to the KIAORA Site is engaging in Electronic Communications. In addition, registering an account, filling in a form, clicking on links and education articles and filling out a Questionnaire are confirmation of the use of our Site and acceptance of these Terms of Use. Any notice, confirmation, agreement, disclosure or reminder that KIAORA and/or theProviders sent via email, text or other form of notice via the KIAORA Site shall satisfy any legal requirement that these types of communications occur in writing.
Our clients Agree to the use of electronic signatures, order confirmations, electronic message and notice delivery, policy notice emails, change of subscription notices, etc. in their use of the Site and compliance with the Terms of Use of the Site. By use of the Site, you agree to waive any of your rights which require an original signature or paper-based records. All financial transactions will be completed electronically.
All approval and consent of orders, prescriptions, service providers, Physicians, and all other Providers used by the Client via links on this site and the Provider’s Patient Portal is expressly approved by the user when completed electronically. By Registration of an account, you are agreeing to receive electronic communications from the Site via Text, Email, phone call or other electronic means.
Site Ownership, Availability and Intellectual Property Rights
All pages, web addresses, domains and other electronic materials located at the Site are the property of KIAORA or its Providers, suppliers, partners or licensors. The Site is protected by the copyright and trademark laws of the United States and similar international laws. KIAORA grants a non-exclusive, non-transferable, revocable license to our users and clients to use this Site per our Terms of Use. This license includes object code (visual) use but no access to source code. Any and all rights of use are retained by KIAORA unless expressly granted to our users. None of the information on our Site may be copied, reproduced, sold, visited, pirated, or re-used for any commercial purpose without the prior written consent of KIAORA.
Any logo, trademark, proprietary layout or information including documents, text, photos, page layouts, forms, Questionnaires, etc. found on the Site must not be copied or framed without our express written permission. Any use of this Site must be only as permitted by law. All logos, trademarks, information, software, databases, files, designs, images, audio, video, functionality, and graphics on the Site are owned and controlled by KIAORA. None of the elements of the Site may be copied, reproduced, modified, distributed or otherwise used without the written consent of KIAORA.
KIAORA is providing the Services of our Site to all 50 states of the U.S., unless a particular state has laws that interfere with our provisioning of a certain product or service in that state. By using this Site, you confirm that you are not currently barred from using this Site and that you are receiving our services in the United States.
No Warranty
THE SERVICE AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KIAORA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, KIAORA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. KIAORA DOES NOT WARRANT THAT THE SERVICES AND/OR SYSTEM WILL BE UNINTERUPTED, TIMELY, SECURE, OR ERROR-FREE.
KIAORA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO ANY GOODS SOLD, INCLUDING WITHOUT LIMITATION, REGARDING PROVENANCE, AUTHENTICITY, TITLE, ATTRIBUTION, CONDITION, VALUE, COMPOSITION, MARKETABILITY, OR COMPLIANCE WITH ANY LAWS OR REGULATIONS. EXCEPT AS MAY BE OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT OR IN A SEPARATE WRITING BY US, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY TO YOU, EXPRESS OR IMPLIED, AND YOU WAIVE ANY CLAIM YOU MIGHT OTHERWISE HAVE AGAINST US OR ANY AFFILIATES, AGENTS OR SUBCONTRACTORS ACTING IN SUCH CAPACITIES, WITH RESPECT TO ANY STATEMENTS OR WRITINGS CONCERNING THE PROVENANCE, TITLE, AUTHENTICITY, ATTRIBUTION, COMPOSITION, AGE, CONDITION, VALUE, OR MARKETABILITY OF ANY GOODS. KIAORA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KIAORA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND KIAORA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE EXCLUSION OF WARRANTIES SET FORTH ABOVE EXPRESSLY SUPERSEDES ANY WRITTEN OR ORAL STATEMENT MADE BY KIAORA AT ANY TIME (OTHER THAN ANY WRITTEN WARRANTY KIAORA MAY CHOOSE TO PROVIDE IN A SEPARATE WRITTEN AGREEMENT WITH A USER).
Security
KIAORA has designed the Site to be secure and we continue to monitor the Site for any inappropriate use of the Site. You must not attempt to extract data or information from this site and are strictly prohibited from violating our security systems by any of the following:
Attempting any of the above or using any software based scheme such as a robot, crawler, scraper or any data extraction tool violates our Terms and may result in prosecution and criminal and/or civil actions. KIAORA will cooperate with law enforcement to prosecute Users who attempt such actions.
KIAORA cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Site Management, Modification, and Revisions
KIAORA will modify the contents of the Site from time to time as new information becomes available and as our offering changes. These changes may include updates to this Terms of Use document. You are responsible to remain updated on the Terms of Use of the Site. If at any time a court of law in any U.S. jurisdiction finds some portion of these Terms as unenforceable, that portion of the Terms shall be modified as directed. All other Terms shall remain in force. You are hereby directed to review these Terms periodically.
Governing Law and Jurisdiction
All Terms of Use of the Site and its Services will be governed by the Laws of State of Tennessee and will not be construed according to the laws of your state, county or local ordinances. Any legal action, claim or litigation which arises from the Site, Services or other operations of KIAORA will be brought solely in state or federal courts located in Davidson County, Tennessee in the U.S. By visiting this Site or using the Services, you are explicitly agreeing to this policy and are waiving any objection to the venue.
Disclaimers
THIS PORTION OF THE TERMS LIMITS THE LIABILITY OF KIAORA, ITS ASSOCIATES, MANAGERS, AFFILIATES, DIRECTORS, AGENTS, ALL REPRESENTATIVES AND SHAREHOLDERS. READ CAREFULLY, AS THESE TENETS APPLY UP TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU EXPLICITLY RELEASE KIAORA FROM ALL LIABILITY FOR ALL DAMAGES, CLAIMS, SUITS, PROPERTY DAMAGE THAT MIGHT ARISE IN ANY FORM, PERSONAL INJURIES, AND DEATH. IF ANY OF THE ABOVE ARISE OUT OF ANY ACTS OR OMISSIONS BY THE PROVIDERS, YOU AGREE TO HOLD KIAORA HARMLESS. THE USER EXPRESSLY STATES THAT THE USE OR MISUSE OF ANY PRODUCT, SERVICE, OR PRESCRIPTION THAT MAY BE PROVIDED VIA THE KIAORA SITE MAY PRODUCE UNEXPECTED CONSEQUENCES, UNINTENDED OR UNDESIREABLE RESULTS AND THAT USER WILL HOLD KIAORA HARMLESS IN THESE CIRCUMSTANCES. THE USER FURTHER AGREES THAT KIAORA SHALL HAVE NO LIABILITY IF THE USER DOES NOT USE A PRODUCT AS PRESCRIBED OR DOES NOT COMPLY WITH WARNING LABELS ATTACHED TO OR INCLUDED WITH THE PRODUCTS AND SERVICES.
Limits of Liability Regarding the Use of the Site and/or Services
EXCEPT AS PROVIDED BY LAW AND WITHOUT LIMITATION:
KIAORA SHALL NOT BE LIABLE FOR ANY ACTION OR OMISSION OF THE PROVIDERS AND ANY THIRD PARTY MENTIONED ON THE SITE. NO PROVIDER OR AFFILIATE MENTIONED ON THE SITE SHALL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, BUSINESS, PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY OR ANY TANGIBLE OR INTANGIBLE LOSS ARISING FROM THE USE OF THIS SITE. KIAORA SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL ACTS OR CONDUCT OF ANY OTHER SITE USER. YOUR ONLY REMEDY FOR ANY LOSS, DAMAGE OR OTHER CIRCUMSTANCE CONCERNING THIS SITE AND THE SERVICES PROVIDED IS TO DISCONTINUE USE OF THE SITE AND SERVICES. IF ANY OF THESE LIMITATIONS OF LIABILITY ARE FOUND TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY TO KIAORA FOR ANY USE OF THIS SITE OR SERVICES IS THE AMOUNT THE USER HAS PAID FOR THE PARTICULAR TRANSACTION IN QUESTION.
Indemnification
You agree to the extent allowed by law to defend, indemnify, and hold harmless KIAORA and any Providers, subsidiaries, affiliates, employees, directors, agents, partners or third parties from and against any loss, expense, liability, costs, damages, actions, suits and claims including, but not limited to reasonable attorneys’ fees and other costs caused by any third party claim or charge arising out of any of the following:
Notwithstanding the above, KIAORA reserves the right to assume the exclusive defense and response to any matter concerning you that you would otherwise by required to indemnify KIAORA for, all at your expense. You agree to cooperate and defend against such claims.
Miscellaneous Terms, Conditions, and Rights
These Terms of Use with all statements, policies, operating information and provisions are the entire agreement and basis of understanding between you and KIAORA. These Terms operate to the fullest extent permissible by law and supersede and replace any prior agreement or understanding between you and KIAORA. These Terms will be updated from time to time and the most current version of the Terms will be found on this Site. Your continued use of the Site after said changes shall be deemed acceptance thereof. Should KIAORA determine that a change is material to the understanding between us, in KIAORA’s sole and absolute discretion, we will email a notification, to the email address you have entered as part of your Registered account. If you choose not to be bound by said updates and/or changes to the Terms, your exclusive remedy is to discontinue use of the Site and/or delete/remove your account.
If any provision or portion of these Terms is found to be unenforceable or unlawful, that portion will be considered severable from these Terms and will have no effect on the validity of the remaining Terms.
By using the Site and checking the box that you agree with the Terms of Use, You explicitly agree to hereby waive your defenses against these Terms even if your agreement was not executed in writing.
You further agree that these Terms form a personal agreement between KIAORA and you and cannot be assigned, transferred, sub-licensed or delegated to any other entity without KIAORA’s prior written consent. However, KIAORA may assign, transfer, sub-license, or delegate any and all of its rights and obligations under these Terms without your consent.
Dispute Resolution and Arbitration Agreement
KIAORA values our clients and we will work in good faith to make sure that our products and Services are being provided in a way that benefits our customers. We will try to resolve any issue you have with the Site, especially concerning our Services and the products we sell. Most of the issues brought up by our clients give us an opportunity to improve our processes and the quality of our offering.
Occasionally we are not able to resolve an issue in a way that is acceptable to our client. In these cases, KIAORA will attempt to resolve the problem using a third party. By using this Site and the Services, you agree that any claim, disagreement or dispute concerning our products, services or Site, will be resolved via Binding Arbitration instead of going to court. In these situations, an arbitrator can typically guide the discovery process based on severity of the claim and can make awards and relief similar to that offered by the court system. These arbitrators use and interpret U.S. law, especially laws concerning liability and punitive damages per the United States Federal Arbitration Act. This agreement to seek arbitration instead of a remedy in a jury trial shall survive any termination of your Registration on this site, your maintenance of an account and these Terms of Use.
Should you choose to pursue the remedy of a dispute with KIAORA, you agree to select on our Site the “Settle a Dispute” link near the bottom of the page and follow all steps listed on this document. This link will direct either party to send a valid notice (“Notice”) to the other party. Said Notice will include a detailed account of the basis and particulars of any claim or dispute and specifically list the solution sought to remedy the situation. All demands for resolution should be clearly spelled out in the Notice. If after 30 days from receipt of Notice by either party an agreement is not reached to resolve the dispute, either party may commence Arbitration.
If you seek binding arbitration, you should download any forms necessary to begin an Arbitration event from the American Arbitration Association (“AAA”) at www.adr.org. Binding Arbitration shall be governed by the AAA rules as applicable to these Terms of Use. The assigned Arbitrator shall settle all issues listed in the Notice according to AAA rules. The Arbitrator shall provide to both parties a written decision listing the issues, findings, conclusions and applicable statutes used in the decision. In the event of arbitration between the parties, the prevailing party shall be entitled to recover all costs and attorneys’ fees incurred as part of the arbitration from the non-prevailing party.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND KIAORA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
