Terms & Conditions

Welcome to www.ki-health.com. The www.ki-health.com website (the "Site") is comprised of  various web pages operated by Ki Health Inc. ("KiHealth"). www.ki-health.com is offered to you  conditioned on your acceptance without modification of the terms, conditions, and notices  contained herein (the "Terms"). Your use of www.ki-health.com constitutes your agreement to all  such Terms. Please read these terms carefully, and keep a copy of them for your reference.    

www.ki-health.com is a Healthcare Information Site.  

Ki Health offers diagnostic tests for early detection of pre-diabetes and other metabolic diseases.  This site provides information and resources regarding the Ki Health diagnostic tests.    

Visiting www.ki-health.com or sending emails to KiHealth constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

KiHealth does not knowingly collect, either online or offline, personal information from persons  under the age of thirteen. If you are under 18, you may use www.ki-health.com only with  permission of a parent or guardian.  

www.ki-health.com may contain links to other websites ("Linked Sites"). The Linked Sites are not  under the control of KiHealth and KiHealth is not responsible for the contents of any Linked Site,  including without limitation any link contained in a Linked Site, or any changes or updates to a  Linked Site. KiHealth is providing these links to you only as a convenience, and the inclusion of  any link does not imply endorsement by KiHealth of the site or any association with its operators.    

Certain services made available via www.ki-health.com are delivered by third party sites and  organizations. By using any product, service or functionality originating from the www.ki health.com domain, you hereby acknowledge and consent that KiHealth may share such  information and data with any third party with whom KiHealth has a contractual relationship to  provide the requested product, service or functionality on behalf of www.ki-health.com users and  customers.  

You are granted a non-exclusive, non-transferable, revocable license to access and use www.ki health.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to KiHealth that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of KiHealth or its suppliers  and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other  restrictions contained in any such content and will not make any changes thereto.  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  KiHealth content is not for resale. Your use of the Site does not entitle you to make any  unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content solely for  your personal use, and will make no other use of the content without the express written  permission of KiHealth and the copyright owner. You agree that you do not acquire any  ownership rights in any protected content. We do not grant you any licenses, express or implied,  to the intellectual property of KiHealth or our licensors except as expressly authorized by these  Terms.  

The Service is controlled, operated and administered by KiHealth from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the KiHealth Content accessed through www.ki-health.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

You agree to indemnify, defend and hold harmless KiHealth, its officers, directors, employees,  agents and third parties, for any losses, costs, liabilities and expenses (including reasonable  attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any  user postings made by you, your violation of any terms of this Agreement or your violation of any  rights of a third party, or your violation of any applicable laws, rules or regulations. KiHealth  reserves the right, at its own cost, to assume the exclusive defense and control of any matter  otherwise subject to indemnification by you, in which event you will fully cooperate with KiHealth  in asserting any available defenses.  

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and KiHealth agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. KI HEALTH INC. AND/OR ITS SUPPLIERS MAY MAKE  IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.  

KI HEALTH INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT  THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY  OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED  GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM  EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS  IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KI HEALTH INC.  AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS  WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND  NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KI HEALTH INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES  FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY  CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY  OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR  FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,  OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON  CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KI  HEALTH INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE  POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT  ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL  OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF  THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO  DISCONTINUE USING THE SITE.  

KiHealth reserves the right, in its sole discretion, to terminate your access to the Site and the  related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of Florida and you hereby  consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or  relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give  effect to all provisions of these Terms, including, without limitation, this section.  

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and KiHealth as a result of this agreement or use of the Site. KiHealth's performance of this  agreement is subject to existing laws and legal process, and nothing contained in this agreement is  in derogation of KiHealth's right to comply with governmental, court and law enforcement requests  or requirements relating to your use of the Site or information provided to or gathered by KiHealth  with respect to such use. If any part of this agreement is determined to be invalid or unenforceable  pursuant to applicable law including, but not limited to, the warranty disclaimers and liability  limitations set forth above, then the invalid or unenforceable provision will be deemed superseded  by a valid, enforceable provision that most closely matches the intent of the original provision and  the remainder of the agreement shall continue in effect.  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KiHealth with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KiHealth with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

KiHealth reserves the right, in its sole discretion, to change the Terms under which www.ki health.com is offered. The most current version of the Terms will supersede all previous versions. KiHealth encourages you to periodically review the Terms to stay informed of our updates.

KiHealth welcomes your questions or comments regarding the Terms:  

Ki Health Inc.  
559 W TWINCOURT TRL UNIT 604  
Saint Augustine, Florida 32095  

Email Address:  info@ki-health.com   

Telephone number:  9043433449  

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