For purposes of these Terms, “you” means the person using this Site; if the user is not an individual, then “you” means the user’s company and its officers, directors, members, agents, successors and assigns.
Effective Date: October 16, 2018
As long as you comply with these Terms, KH grants you a limited, non-exclusive, non-assignable, non-sublicensable license to use this Site for personal, non-commercial purposes only. All materials contained on this Site including, but not limited to text, graphics, news articles, forms, artwork, photographs, images, illustrations, audio clips, video clips, logos, user interfaces and computer code (“Content”) are the property of KH or its licensors and are protected by copyright and trademark laws, as well as other applicable laws.
You are responsible for all of your activity in connection with using this Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for suspension or termination of your access to this Site. You agree that you will not:
As between you and KH, KH or its affiliates, licensors or suppliers own all right, title, and interest in this Site and the Content, including all copyrights, names, trademarks, service marks, symbols, slogans or logos appearing on this Site. All rights of any kind in this Site or the Content that are not expressly granted in these Terms are entirely and exclusively reserved to and by KH, its affiliates, licensors and suppliers. Under no circumstances will you have rights of any kind in or to this Site or the Content, other than the right to use this Site and the Content in accordance with these Terms.
Any personal information that you provide to KH on this Site is subject to KH’s Privacy Notice, which is incorporated into these Terms by reference. You acknowledge that the confidentiality or privacy of any communication or information transmitted to KH via this Site or any website linked to this Site cannot be guaranteed.
The information presented on this Site is made available solely for general informational purposes. This Site may include links to third party websites for identifying information that may be of interest. Use of such third party links, this Site and the Content is performed entirely at your own risk. Your use of any third party website is subject to the terms and conditions of such website. KH expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on such third party websites or the transactions you conduct or enter into with third parties.
KH reserves the right, at its discretion, to modify these Terms at any time by posting a notice on this Site. You are responsible for reviewing and becoming familiar with any such modifications. Your use of this Site following such modification means that you agree to follow and be bound by these Terms as modified.
KH may terminate or suspend your access to this Site without prior notice or liability, if you breach any of these Terms, or for any other reason whatsoever or for no reason. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations on liability.
KH makes no claims that this Site or the Content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. It’s important for you to check the laws of your country. For that reason, if you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
There are some special rules for residents of New Jersey. If you reside in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 11, titled LIMITATION ON LIABILITY below, specifically the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) in Section 11, titled LIMITATION ON LIABILITY below, specifically the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 11, titled LIMITATION ON LIABILITY below, specifically the application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) in Section 12 titled INDEMNIFICATION below, specifically the requirement that you indemnify KH (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) in Section 17 titled GENERAL below, specifically the Utah governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
KH expressly disclaims all warranties for this Site. You agree that your use of this Site is at your sole risk. This Site and the Content are provided ‘AS IS’ and ‘AS AVAILABLE’ without any express, statutory or implied warranty of any kind, including but not limited to any warranties or conditions of merchantability, non-infringement, title or fitness for a particular purpose. KH does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within this Site. KH makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. KH does not warrant that this Site, or your access or use of this Site, complies with any law and you acknowledge and agree that it is your sole responsibility to ensure that your access and use of this Site complies with all laws.
The Content and Site are for informational purposes only and are not intended to be or to be a substitute for medical advice, diagnosis or treatment. You should consult with a medical professional regarding all medical conditions and treatments.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law and only applies to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, in no event will KH be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of goodwill, loss or misuse of data, and whether caused by tort (including negligence and strict liability), breach of contract or otherwise, even if foreseeable. To the maximum extent permitted by applicable law, you agree that your exclusive remedy and the maximum aggregate amount that KH will be liable for to you for any breach of these Terms (including without limitation, the Privacy Notice), whether caused by tort (including negligence and strict liability), breach of contract or otherwise, even if foreseeable, and for any aggregate damages due you (or others related to you) for any reason relating to any part of the Site, will be, at KH’s option: (a) substitution, correction or replacement of all or part of the Content you allege has damaged you; or (b) the amount of damages you actually incurred that are not excluded in the preceding sentence, which amount will be the lesser of the amount you actually paid KH for the item causing the damage (if any), or $50. The damage exclusions and limitations in these Terms are independent and will apply even if any remedy fails of its essential purpose. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless KH, its employees, agents and licensors against all claims, suits, actions and proceedings by third-parties arising out of your actions and inactions pursuant to these Terms and pay all attorneys’ fees, damages and liabilities associated therewith. This indemnification will survive termination of these Terms.
In addition to any other rights KH may have at law or equity, it will be entitled to injunctive relief to prevent breaches of these Terms and to enforce specifically the terms and provisions of these Terms.
You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor whom you are authorizing to use the Site and you are authorized to sign for and bind the person or entity using the Site.
If you submit to the Site any ideas, suggestions, information, designs, images, advertisements, data or proposals (“Submissions”), then you agree that such Submissions will be treated as non-confidential and non-proprietary. You hereby grant to KH a nonexclusive, perpetual, worldwide license to use, copy, modify, display, distribute and create derivative works from the Submissions for any purpose in any medium without any compensation or credit to you whatsoever. KH will have no obligations with respect to such Submissions.
KH respects the intellectual property rights of others. If you believe that your copyrighted work has been copied or posted on or through the Site in a way that constitutes copyright infringement, then please contact us at firstname.lastname@example.org and provide the following information:
The failure of KH to exercise in any respect any right provided for in these Terms will not be deemed a waiver of any further rights. KH will not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond KH’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. All matters relating to these Terms will be governed by and construed in accordance with the laws of the state of Utah, excluding Utah conflict of law rules. The exclusive venue for any dispute arising under or relating to these Terms is Salt Lake County, Utah. You and KH consent to the personal jurisdiction of these courts and waive, to the fullest extent possible, the defenses of forum non conveniens and personal jurisdiction. These Terms, including the Privacy Notice, which is incorporated into these Terms by reference, constitutes the entire agreement between you and KH with respect to this Site and supersedes all prior agreements with respect to this Site, unless an agreement exists between you and KH that specifically supersedes these Terms. If any provision of these Terms is found to be unlawful or unenforceable in any respect, you agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court will fully enforce the resulting Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind KH in any respect whatsoever.
Use of the terms “including” and “include” mean “without limitation” and indicate non-exclusive lists of items.