Terms & Conditions of Use
HEALTH RELATED INFORMATION
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. It is the consumer’s responsibility to read all product labels and packaging carefully prior to use. Information available on or though the Platform is not meant to substitute for the advice provided by a medical doctor or other health care provider. Consumers should not use the information available on or through the Platform, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating any health conditions or diseases.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on or from the Platform. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements. Java Kick LLC’ products are not intended to diagnose, treat, cure or prevent any disease.
PHYSICAL ACTIVITY NOTICE
The Platform may include information and/or features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Java Kick LLC is not responsible or liable for any injuries or damages that may be sustained as a result from your use of, or inability to use, the features of the Platform.
INTELLECTUAL PROPERTY, CONTENT AND TRADEMARKS
All intellectual property on the Platform (except for User Generated Content) is owned by Java Kick LLC or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Java Kick LLC name and the circular logo) are owned, registered and/or licensed by Java Kick LLC. All content on the Platform (except for User Generated Content), including but not limited to text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, computer code and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Java Kick LLC; All rights reserved.
PLATFORM USAGE AND RESTRICTIONS
You must not misuse the Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You agree not to use any data mining, robots, scraping or similar data gathering methods. You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. If you are to breach this provision, you may commit a criminal offense. Java Kick LLC reserves the right to report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
Java Kick LLC will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the platform or your downloading any material posted on the Platform or any third-party website linked to the Platform.
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by Java Kick LLC.
GENERAL RULES FOR USER GENERATED CONTENT
Java Kick LLC may provide interactive services on the Platform, including but not limited to chat rooms, bulletin boards, forums and blogs. Java Kick LLC disclaims any obligation to oversee, monitor or moderate any interactive services provides on the Platform, and in no event shall Java Kick LLC be liable for any loss or damage arising from the use of any interactive service by a user in contravention with Java Kick LLC’ content standards. Java Kick LLC does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Java Kick LLC is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event Java Kick LLC chooses to monitor any User Generated Content, Java Kick LLC assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Java Kick LLC reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. Should you decide to post any content on the Platform, you hereby grant Java Kick LLC and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party.
ELIGIBILITY AND REGISTRATION
You are responsible for any actions that take place while using your Java Kick LLC account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. Java Kick LLC is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
USER CONTENT STANDARDS
The following standards apply to any and all material which you contribute to the Platform (“Contributions”) and to any associated interactive services:
- Be accurate (when facts are stated)
- Be genuinely held (when opinions are stated); and
- Comply with applicable laws in the United States and in any country from which they are posted.
Contributions must not:
- Contain any material that is defamatory, obscene, hateful, offensive or inflammatory;
- Infringe any copyright, trademark, or other intellectual property right of any other person;
- Abuse or invade another person’s privacy or cause annoyance, inconvenience or needless anxiety;
- Promote violence or any illegal activity;
- Be made in breach of any legal duty owed to any other person, such as a contractual or other duty confidence;
- Be used to impersonate any person or misrepresent your identity or affiliation with any person; or
- Give the impression that they originate from Java Kick LLC, if that is not the case.
In no event shall Java Kick LLC be liable for any actions taken in response to any breach of these content standards.
It is the responsibility of the consumer to determine and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, sale and use of any items purchased on the Platform. By placing an order, the consumer represents that the products ordered will be used only in a lawful manner.
Java Kick LLC may make changes to any products or services offered on the Platform, or to the applicable prices for any such products or services, at any time without prior notice. The materials on the Platform with respect to products and services may be out of date, and Java Kick LLC makes no commitments to update the materials on the Platform with respect to such products and services except as required by applicable law.
Java Kick LLC’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Platform should be construed to alter such agreements.
When you access or use the Platform, send e-mails to us, or receive electronic communications from us, you are, and consent to, communicating with Java Kick LLC electronically. We may communicate with you by e-mail or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that Java Kick LLC provides to you electronically satisfy any requirement that such communications be in writing.
ADDITIONAL TERMS AND CONDITIONS
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our designated agent.
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Java Kick LLC legally sufficient notice of infringement. Please forward copyright infringement complaints to:
Java Kick LLC, LLC
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
The Platform may contain links to other independent websites, applications or other products or services operated by third party companies (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors and consumers. Such Linked Sites are not under Java Kick LLC’ control, and Java Kick LLC does not endorse and is not responsible for the content of such Linked Sites, including but not limited to any information or materials contained on such Linked Sites. It is the responsibility of the visitor and/or consumer to make their own judgement regarding the interaction with these Linked Sites.
LIMITATION OF LIABILITY
JURISDICTION AND VENUE
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. Java Kick LLC is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform.
You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Java Kick LLC is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Java Kick LLC is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Java Kick LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Java Kick LLC cannot guarantee and does not promise any specific results from use of the Platform. Java Kick LLC does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Java Kick LLC does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. Java Kick LLC reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Date of Last Revision: October 2015