PLEASE READ SECTIONS 11, 12, AND 13 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING KAMPO CARE LLC, THESE TERMS, OR OUR PRIVACY POLICY — INCLUDING A WAIVER OF YOUR RIGHT TO BRING ANY CLAIM AS A CLASS ACTION OR TO HAVE A TRIAL BY JURY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE OR OUR SERVICES.
See Kampo Care LLC Terms and Conditions here.
This website is operated by Kampo Care LLC (including its representatives, affiliates, and subsidiaries, “KampoCare”). Throughout this website (https://kampo.care/) (the “Site”), the terms “we”, “us”, and “our” refer to KampoCare. KampoCare provides this Site as a platform for users to explore our herbal products, wellness-related content, and services, subject to your acceptance of all terms, conditions, policies, and notices stated in these Kampo Care LLC Website Terms and Conditions (the “Terms”). These Terms govern your access to and use of the Site, as well as any related applications, products, content, and services (collectively, “Services”) made available by KampoCare. The Site is offered to you conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained in these Terms. If you do not agree to these Terms, you must not access the Site, make a purchase, or use our Services. The headings used in these Terms are included for convenience only and do not affect the meaning or interpretation of these Terms.
By visiting our Site, purchasing our products, or using our Services, you agree to be bound by the Terms. These Terms apply to all users of the Site, including without limitation users who are visitors, browsers, members, partners, and/or contributors of content.
Note that personal information that is collected on the Site and through our Services is collected and handled in accordance with our Privacy Policy.
Additional terms may apply to certain KampoCare products, promotions, or campaigns. If applicable, such terms will be provided at the time of purchase or participation. Please refer to any separate terms and conditions where indicated.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS OR USE THE SITE, PURCHASE OUR PRODUCTS, OR USE OUR SERVICES. YOU MAY ONLY ACCESS AND USE THE SITE IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS.
- GENERAL CONDITIONS
You may use the Site, including the content on it, solely for the purposes stated on the Site itself and as described in these Terms. You understand and agree that the Site is provided “as-is” and that KampoCare assumes no responsibility for the availability or functionality of the Site, or for the deletion, mis-delivery, or failure to store any user communications or personalization settings.
- USE OF SITE, SITE CONTENT, AND PROPRIETARY RIGHTS
The Site includes a broad array of content and functionality, including the ability to create an account, access information, use wellness-related tools and resources (our “Resources”), and purchase KampoCare products. All Resources, user interfaces, software, and other information or content made available by or for KampoCare in connection with the Site (collectively, “Site Content”) are provided for individual, non-commercial use only. You agree not to use the Site or Site Content for commercial purposes. KampoCare retains all rights, title, and interest in and to the Site Content. This includes, but is not limited to, all copyrights, trademarks, patents, derivative works, moral rights, trade secrets, and proprietary information contained on the Site (excluding content from authorized third-party partners). Nothing on the Site grants you a license or right to use any image, trademark, service mark, or logo. Downloading, copying, or printing pages or portions of the Site is permitted solely for personal, non-commercial use and does not transfer ownership of any material or software. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Site or Site Content without our express written permission.
- LICENSE FROM KAMPOCARE
KampoCare grants you a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable right to access and make personal use of the Site. Explicit attribution to KampoCare must be made in the event that Site Content, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication, or distribution of this material requires the express written consent of KampoCare.
- PROHIBITED USES
You agree not to, directly or indirectly:
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Site;
- Use or access the Site (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law, rule or regulation;
- Use the Site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, including (but not limited to) based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- Reverse engineer, disassemble, decompile, modify, or translate any software or other components of the Site;
- Distribute viruses or other harmful computer code through the Site;
- Use scrapers, robots, or other data gathering devices not provided by KampoCare on or through the Site; regardless of the data delivery method, neither the Site nor the Site Content may be used in conjunction with a generative AI solution;
- Access or use the Site or Site Content via mechanical, programmatic, robotic, scripted, or any other automated means;
- Attempt to gain unauthorized access to the Site, Site Content, other accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means;
- Remove or modify any proprietary notice, copyright notice, or trademark legend, author attribution, or other notice placed on or contained within any of the Site or Site Content or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Site Content;
- Upload to the Site the personal information of others that you are not authorized to provide or using the Sites to collect or track the personal information of others;
- Provide any content, data, or information to KampoCare that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
- Use the Site or Site Content in a way that suggests you are a representative of KampoCare;
- Use the Site or Site Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Site or Site Content;
- Infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
- Interfere with or disrupt the proper functioning of the Site or Site Content, Kampo Care’s or any third party’s systems used to host the Site, or other equipment or networks used to provide the Site or Site Content;
- Communicate the Site Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Site, or any part thereof;
- Circumvent the security of the Site or any host, network, or account related thereto;
- Use any application programming interface to access the Site or Site Content;
- Fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Site or Site Content;
- Allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s), and user keys) issued to, or selected by, KampoCare for someone other than the individual identified in the account information;
- Access or attempt to access Resources by any means other than through the means provided by KampoCare;
- Cause damage to KampoCare’s business, reputation, employees, members, facilities, or to any other person or legal entity;
- Otherwise use the Site or Site Content in any manner that exceeds the scope of use granted above; or
- Attempt to do any of the acts described in this Section 4, or assist or permit any person in engaging in any of the acts described in this Section 4.
Unless specifically authorized by us, you further agree not to, directly or indirectly, promote, market, advertise, offer to sell or sell any of our products through any third-party websites, mobile applications, or online marketplaces including Amazon.com and Ebay.com. We actively participate in the Amazon.com Brand Registry Program and other similar programs to prevent the advertising and sale of unauthorized, unlicensed, infringing, and/or counterfeit merchandise. Any unauthorized sales of our products on third-party websites, mobile applications, or online marketplaces will be removed as they are discovered. Ads from online sellers offering any auctions or advertising sales will also be regularly removed or taken down.
Any use that violates these Terms gives KampoCare the right (without notice or liability) to revoke the aforementioned license, cancel any order, or refuse, restrict, terminate, or discontinue your access to the Site or Site Content (or any portion, component, or feature thereof). We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
- ACCOUNT REGISTRATION AND USE
You may choose to create an account on the Site in order to access our Resources. When you create an account, you will be required to select a username and/or password and you may be required to provide certain personal information about yourself (such as identification, contact details, etc.). You agree to provide us with accurate and complete registration information, and we disclaim any liability arising from your failure to do so. We reserve the right to refuse registration of an account or terminate your account at our sole discretion, including in the event of a violation of these Terms or any actions or communications towards KampoCare’s employees or agents that consists of (in KampoCare’s sole determination) harassment, abuse, insult, defamation, slander, disparagement, intimidation, or discrimination, including (but not limited to) based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
You are responsible for safeguarding your account information, including your password for your account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify KampoCare of any unauthorized use of your password. Users are the sole creators of their accounts and KampoCare may not independently verify the information provided.
- ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We regularly update product and Service offerings on the Site. Although KampoCare attempts to provide accurate information on the Site (including as to product descriptions and pricing information), we may experience delays in updating information on the Site and in our advertising on other websites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or Services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- THIRD-PARTY LINKS
Certain content, products, and Services available via the Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
- USER COMMENTS, FEEDBACK, AND OTHER PERSONAL INFORMATION AND SUBMISSIONS
We may provide various open communication tools on our Site to submit comments, feedback, and information, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, and product ratings and reviews. You are responsible for all data, chats, texts, messages, submissions, product ratings and reviews, or other materials that you post, transmit or otherwise make available to the Site (collectively, “User Submissions”). By providing User Submissions, you grant KampoCare and related entities a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display, create derivative works from, and otherwise exploit such User Submissions and your name, persona, or likeness throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity. You grant all rights described in this paragraph in consideration of your use of the Site and our Services and without the need for additional compensation of any sort to you. KampoCare does not claim ownership in the User Submissions.
We may, but have no obligation to, monitor, edit or remove User Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You represent and warrant that your User Submissions will not (i) violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, (ii) contain libelous or otherwise unlawful, abusive or obscene material, or (iii) contain any computer virus or other malware that could in any way affect the operation of the Site. We have the right at our sole discretion to remove any User Submissions that we feel, in our judgment, does not comply with these Terms.
Moreover, if you provide us with any personal information relating to another individual, whether via User Submissions or otherwise, then you represent and warrant that you have the authority to do so and to permit us to use the information in accordance with these Terms and our Privacy Policy. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Submissions. You are solely responsible for any User Submissions you provide and its accuracy. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.
- PRODUCT PURCHASES
If you wish to purchase any product or Service made available through the Site (“Purchase”), you may be asked to provide certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
By using the Service, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you confirm your agreement to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Service availability, errors in the description or price of the product or Services, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
- NOT PROFESSIONAL ADVICE OR MEDICAL INFORMATION
The statements and information on this website have not been evaluated by the Food and Drug Administration (FDA) and are intended for general informational and educational purposes only. You should not use information you obtain from the Site or the Services for diagnose, treat, cure, or prevent any disease or in place of any medication or other treatment prescribed by a physician or other healthcare provider. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Services, neither our employees nor any third parties are authorized to provide medical or other professional advice through the Services. Always consult your healthcare provider if you have health-related questions and before using any of our products or relying on any information you obtain on the Site or from the Services.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of the Site will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the Site for indefinite periods of time or shut down the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk.
We do not guarantee or warrant the security of your information or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law.
THE SITE, SITE CONTENT, AND ALL SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, AND WE HEREBY DISCLAIM ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. KAMPOCARE DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR SITE CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO CASE SHALL KAMPOCARE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY (WHERE APPLICABLE) OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, OUR SERVICES, OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY SERVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL KAMPOCARE BE LIABLE, UNDER ANY LEGAL THEORY (CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY (WHERE APPLICABLE), OR OTHERWISE) UNDER THESE TERMS OR OTHERWISE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID FOR USE OF THE SITE OR SERVICES. SUCH LIMITATION SHALL EXTEND TO ALL LIABILITY OR POTENTIAL LIABILITY, INCLUDING FOR PERSONAL INJURY OR WRONGFUL DEATH.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless KampoCare and its subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (a) your violation of these Terms, the documents they incorporate by reference, or any applicable law, (b) your violation of the rights of a third-party, (c) your access to or use of the Site or any Service by you or any person using your account and password, or (d) any dispute or issue between you and any third party concerning the Site; and (e) all claims pertaining to the Site or your use of the Site, Resources, or Products that arise from or allege negligence, fraud, or intentional misconduct committed by you. Without limiting the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
- GOVERNING LAW; JURISDICTION; ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER
EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN CALIFORNIA (STATE OF INCORPORATION) IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON-CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are expressly excluded from these Terms.
We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of our Site, Site Content, products, or the Services. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you initiating a lawsuit or arbitration against us. Any matter or dispute relating in any way to your use of the Site, Site Content, products, or the Services or these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided below.
Excluding claims by us for injunctive or other non-monetary relief, any claims related to Site, Site Content, the products, or the Services and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Streamlined Arbitration Rules & Procedures then in effect. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
The arbitration shall take place in New York or at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested, and be administered by JAMS; provided however, that in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by JAMS, we may elect to consolidate such arbitrations before an arbitrator mutually agreed-upon by the parties (and terminate any pending administration by JAMS), (i) with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration, and (ii) except with respect to the administration of the arbitration proceedings, the arbitrator shall follow JAMS Inc. Streamlined Arbitration Rules and Procedures.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR CONSOLIDATED ARBITRATION AS PROVIDED ABOVE, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree (and for consolidated arbitration as provided above), no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
- TEXT (SMS) MESSAGE TERMS
The following terms apply to programs we operate that incorporate text (SMS) messaging. By clicking on a checkbox to receive text (SMS) messages you consent to receive disclosures about text (SMS) messages electronically, instead of in paper form. You can withdraw your consent to receive these disclosures at any time without penalty, and you can request a paper copy for no fee by emailing us at doctorkampo@gmail.com. You can also call us at that number to update your contact information. To ensure you receive and can retain the necessary disclosures, you must have a device (such as your mobile phone) with internet access, and either a printer or storage space to save the disclosures.
The following additional terms apply, depending upon the text (SMS) messaging program in which you have enrolled:
- Product updates, offers, news, and campaigns: By signing up to receive text (SMS) messages about our product updates, promotions, news, or campaigns, you consent to receive automated messages at the phone number you provided (which you confirm you own). Your consent is not a condition of purchase. Message and data rates may apply. You agree to notify us if your phone number changes or is no longer assigned to you. You may unsubscribe or opt out at any time by replying STOP to any of our messages or by emailing us at doctorkampo@gmail.com.
- Text (SMS) Message Terms: By signing up to receive text (SMS) messages from KampoCare, you consent to receive automatically-generated messages at the phone number you have provided (and of which you confirm you are the owner). These messages may include product updates, special offers, news, or promotional campaigns. Your consent is not a condition of purchase. Message and data rates may apply depending on your mobile carrier. You agree to notify us if your phone number changes or is no longer assigned to you. You may unsubscribe from these messages at any time by replying STOP to any of our texts or by contacting us at doctorkampo@gmail.com.
While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our text (SMS) messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”) or an automated system for the selection or dialing of phone numbers.
- SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- CONTROL OF THE SITE; MODIFICATION OF TERMS; TERMINATION
We reserve the right at any time to modify or discontinue the Site or Services (or any part or content thereof) without notice at any time. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site or the Services (or any part thereof).
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies any user rights or obligations, we will endeavor to post notice of the modification on the Site for a reasonable period of time. Any disputes concerning or related to the Site will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the site or in respect to the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
- CONTACT INFORMATION
The Site is offered by Kampo Care LLC. You may contact us by emailing us at doctorkampo@gmail.