TERMS OF USE
By downloading or using K’Bro Application (the “Application”), a product offered by K’Bro Corp. (“K’Bro”), you signify your agreement to be bound by these terms and conditions and the Privacy Policy found here (http://www.kbro.io/privacy_policy.html) and incorporate herein by reference (collectively the “Terms”). If you do not agree to any of these Terms, please do not access the Application or click the Accept button.
You affirm that you are 13 years or older and possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to bide by and comply with these Terms.
Disclaimer
K’Bro is not a medical or health services organization or forum. The information presented on this website and in the app is in no way intended as psychological and/or psychiatric advice, is not provided for the purpose of diagnostics or treating psychological and/or psychiatric problems nor is it a substitute for medical and/or psychiatric treatment. Use of this website does not establish a doctor-patient relationship. All information should be discussed and confirmed with your physician, psychologist, psychiatrist or other healthcare provider before adopting any wellness program, exercise program, or other treatment, whether offered on in the app, this website or otherwise. Information and statements regarding some of the products and/or services featured on this website have not been evaluated by the Food and Drug Administration and are not intended to diagnose treat, cure or prevent any disease.
The application
The Application is a product you download on your mobile device and use at your discretion. The application is not hosted by K’Bro, except as set out below, including under the heading Privacy, Aggregated Data and Feedback. By using the Application, you expressly relieve K’Bro from any and all liability arising from your use of the Application.
You may be bound by the terms and conditions of the provider of the Application from you have access the Application (the “Provider”). We have no control over, and assume no responsibility for, the content, privacy policies or practices of the Provider.
You represent and warrant that all information you provide K’Bro on or through the Application, and otherwise, will be true, accurate, current and complete, and your agree to update such information as necessary to maintain its truth and accuracy.
K’Bro reserves the right to modify, suspend or terminate the Application, your access to the Application, or any portion of the foregoing, at any time and for any reason, with or without notice.
THE APPLICATION DOES NOT AND IS NOT INTENTED TO PROVIDE MEDICAL ADVICE NOR SHOULD IT BE DEEMED TO BE A SUBSTITUTE FOR MEDICAL CARE. YOU ACKNOWLEDGE THAT K’BRO SHALL NOT BE RESPONSIBLE FOR MONITORING ANY MEDICAL INFORMATION, INCLUDING WITHOUT LIMITATION ANY HEALTH SYMPTOMS, ADHERENCE TO PRESCRIBED MEDICATION USE OR SIMILAR INFORMATION SUBMITTED BY ON OR THROUGH THE APPLICATION. K’BRO RECOMMENDS THAT YOU CONSULT YOUR MEDICAL ADVISOR OR PHYSICIAN BEFORE USING THE APPLICATION.
Privacy, Aggregated Data and Feedback
K’Bro may, on or through the Application, provide you with an option enabling you to share data with K’Bro, in anonymized form, reflecting your access of, use of, uploads to, interactions with and/or activities on the Application (the “Anonymized Data”). By enabling the sharing of your Anonymized Data you: (i) agree to the collection of such Anonymized data; (ii) acknowledge an degree that such Anonymized Data share become K’Bro’s property without any compensation payable to you by K’Bro; and (iii) acknowledge and agree that K’Bro shall be entitle to use such Anonymized data in accordance with these Terms. If you do not enable the sharing of your Anonymized Data, K’Bro will not access or store information related to your use of the Application.
You acknowledge and agree that any ideas, suggestions, concepts, processes, techniques, enhances requests, recommendations, test results, data information and other output or feedback which you provide to K’Bro related to the Application, K’Bro or K’Bro’s business (“Feedback”), shall become K’Bro’s property without any compensation payable to you, and you assign all rights on a worldwide basis in any Feedback and, as applicable, waive any related moral rights therein.
Any personal Information (as defined under the United States Freedom information and Protection of Privacy Act), obtained by K’Bro shall be used in accordance with these Terms. K’Bro strongly recommends that you keep your Personal Information an all information regarding the usage of the Application secure and protected to avoid an inadvertent disclosure to third parties or access by third parties.
Permissions and Restrictions
You may not use the Application in any manner that infringes any third party’s privacy rights, publicity rights, defamation rights, intellectual property rights, contract rights or any other rights of any person.
You agree not to coy, modify, alter, change, translate, decrypt, obtain or extract the source code of, create derivative works from, reverse engineer, reverse assemble, decompile, disassemble or reverse compile any part of the Application.
You may not use the Application in any manner to interfere with, or ate to interfere with the Application or other networks or services connected to the Application, whether through the use of viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software hardware, or otherwise permit such activity. You agree not use of launch any automated system using the Application, including without limitation a “robot” or “spider” that accesses the Application.
You must use the Application in a manner consistent with any and all applicable law and regulations.
Disclaimer of Warranties and Limitations of Liability
YOU AGREE THAT YOUR USE OF THE APPLICATION AND ACCESS TO ALL CONTENT FORMING PART OR RELATED TO THE APPLICATION SHALL BE AT YOUR SOLE RISK, THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL CARE OR A TOOL FOR OBTAINING MEDICAL ADVICE TO THE FULLEST EXTENT PERMITTED BY LAW, K’BRO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED OR STATUATORY, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES FOR CONDITIONS OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, HARWARD COMPATIBILITY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL K’BRO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUE, INCOME, PROFIT, REPUTATION OR GOODWILL, WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THE APPLICATION, INCLUDING WITHOUT LIMITATION RESULTING FROM ANY: (I) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE APPLICATION, (II)PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOVER, RESULTING FROM YOUR ACCESS TO OR USE OF APPLICATION , (III) UNAUTHORIZED ACCESS TO OR USE OF THE APPLICATION, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, OR (V) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AFFECTED PARTIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF K’BRO FOR ANY AND ALL CLAIMS RELATED TO THE TERMS SHALL NOT EXCEED US$100. ANY ACTION COMMENCED AGAINST K’BRO FOR ANY AND ALL CLAIMS RELATED TO THE TERMS, SHALL BE BROUGHT WITHIIN TWELVE (12) MONTHS AFTER SUCH CAUSE OF ACTION SHALL FIRST ARISEN.
K’BRO MAKES NO WARRANTIES OR REPRESENATIONS, ABOUT THE ACCURACY OR COMPLETENESS OF ANY SITES, APPLICATIONS, PAGES OR SERVICES OF ANY KIND LINKED TO OR THROUGH THE APPLICATION. K’BRO DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE APPLICATION OR ANY HYPERLINKED SERVICE OR WEBSITE FEATURE IN ANY USER SUBMISSION, BANNER, SPONSOR MESSAGE OR OTHER ADVERTISING. K’BRO SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS OF THE APPLICATION OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SREVICES.
Indemnity
You agree to defend, indemnify and hold harmless K’Bro and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of or access to the Application; (ii) your violation of any third party right, including, without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Application.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by K’Bro without restriction.
General
If there is any disputed between and K’Bro about or involving these Terms, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts of the State of California with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms or your access to or use of the Application, howsoever arising, provided always that K’Bro may seek and obtain injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any terms of these Terms shall be deed a further or continuing waiver of such term of any other term, and K’Bro’s failure to assert any right or provision under these Terms shall constitute a waiver of such right or provision. K’Bro reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these terms for any changes. Your continued use of the Application following amendment of the Terms shall signify your ascent to, and acceptance of, such amended Terms.