Terms & Conditions
Terms and Conditions of website and Mobile Application (“APP”) End User License Agreement of KAUFMAnN ANTI-AGING INSTITUTE, LLC (“KAAI”):
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND MOBILE APPLICATION END USER LICENSE AGREEMENT CAREFULLY BEFORE USING ANY ASPECT OF THE KAAI WEBSITE OR APP.
KAAI DOES NOT PROVIDE MEDICAL ADVICE IN ANY FORM AT ANY TIME FOR ANY REASON.
Information on the KAAI APP and Website is provided for informational purposes only and is not medical advice and not intended as a substitute for the advice provided by your physician or other health care professional. The information on the Website or APP is not intended to be nor should it be used for diagnosing or treating a health problem or disease. You should always consult with your physician or other health care professional before taking any medication, nutritional, herbal or homeopathic supplement, or adopting any treatment. For any products or services purchased from the Website or APP, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay seeking professional advice because of something you have read on the Website or APP. Information provided on the Website and APP and the use of any products or services purchased from our Website or APP by you SHALL NOT AND DOES NOT create a doctor-patient relationship between you and any physicians that may be affiliated with our Website or APP. Information and statements regarding molecular agents in the Website and APP may not have been evaluated by the Food and Drug Administration and any reference to them is not intended to diagnose, treat, cure, or prevent any disease.
As a condition of your use of the Website or APP, you warrant to KAAI that you will not use the KAAI Website and APP for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KAAI Website and APP in any manner that could damage, disable, overburden, or impair the KAAI Website and APP or interfere with any other party’s use and enjoyment of the KAAI Website and APP. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the KAAI Website and APP.
USE OF COMMUNICATION SERVICES
The KAAI Website and APP may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities that are designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
KAAI has no obligation to monitor Communication Services. However, KAAI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. KAAI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
KAAI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, is KAAI’s sole discretion.
Always use caution when giving out any personally identifying information about you or your children in any Communication Service. KAAI does not control or endorse the content, messages or information found in any Communication Service and, therefore, KAAI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KA-AI spokespersons, and their views do not necessarily reflect those of KAAI.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
You agree to be bound by the following Terms and Conditions of Website and Mobile Application End User License Agreement of KAAI (“Terms and Conditions”), in their entirety, when you: (a) access or use the KaufmanProtocol.com website, the APP or any other KAAI platform (collectively, the “Portals”); (b) access and/or view any of the articles, video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Portals (collectively, “Content”); (c) sign up to receive the KAAI subscription service (the “KAAI Subscription Service”), and/or any other products or services offered by KAAI from time to time; (d) purchase or otherwise redeem or sign up to receive Trial Offers (as defined in Section 3(g)); (e) access links to KAAI social media pages/accounts on third-party social media websites or mobile or other platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”); (f) enter one of the sweepstakes, contests and/or other promotions offered or conducted by KAAI from time-to-time (collectively, “Promotions”); and/or (g) utilize the many interactive features of the Portals designed to facilitate interaction between you, KAAI and other users of the Portals, respectively, including, but not limited to, blogs and associated comment sections located in designated areas of the Portals, as applicable (collectively, the “Interactive Services” and together with the Portals, Trial Offers, Social Media Pages and Promotions, the KAAI Offerings”). The Portals are owned and operated by KAAI or our authorized agent (“KAAI,” “we,” “our” or “us”).
IMPORTANT: BY USING THE KAAI OFFERINGS, YOU THEREBY AGREE TO RESOLVE ALL DISPUTES WITH KAAI THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. THE EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTION 14.
Blog posts and other Content on the Portals may contain reference to molecular agents or other substances (“MA’s”). You should always consult with your physician or other healthcare professional before adopting any [portion of the protocol or using in any molecular agents or substances, whether offered by and through the KAAI Offerings or otherwise. The MA’s may include ingredients that you are allergic to. You should always check the ingredients associated with any MA’s to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Snapchat® is a registered trademark of Snapchat, Inc. YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that KAAI is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest or Twitter, and the KAAI Offerings are not endorsed, administered or sponsored by any of those parties.
If you have any questions about the Agreement or the KAAI Offerings, please access our Frequently Asked Questions.
We may amend this Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing
Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Portals, and you should review the Agreement prior to using the KAAI Offerings and from time to time thereafter. By your continued use of any of the KAAI Offerings, you thereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement, as in effect at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions in effect at the time of the subject dispute or incurred charges, as applicable). All amendments or modifications to the Agreement shall be effective immediately upon publication on the Portals.
KAAI Subscription Service. The KAAI Subscription Service is an automatic recurring monthly subscription service. As part of the KAAI Subscription Service, we offer a number of subscription options that you may choose from. You can find specific details regarding your chosen Plan and the KAAI Service by accessing the Portals and accessing your Account details. Once you sign up for a KA-AI Service you will have “Access” to the KA-AI Offerings.
For information on how to change, modify or cancel your Plan or to skip a period/month, please see Section 3(d). Some promotions for the KAAI Service or other KAAI Offerings may be offered by third parties in conjunction with the provision of such third parties’ own products and services. We are not responsible for any other products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend, in our sole discretion, our offered Plans; provided, however, that any amendment or modification to the Billing Provisions associated with those Plans shall not apply to any charges incurred prior to the applicable amendment or modification.
WHEN YOU REGISTER FOR THE KAAI SUBSCRIPTION SERVICE (AND EACH TIME YOU CHANGE YOUR PLAN) YOU EXPRESSLY AUTHORIZE AND AGREE THAT KAAI AND/OR OUR THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD (AS DEFINED BELOW) ON A MONTHLY, RECURRING BASIS IN AN AMOUNT EQUAL TO THE THEN-EFFECTIVE RATE FOR YOUR PLAN, TOGETHER WITH ANY APPLICABLE TAXES AND SHIPPING IF ANY (the “PLAN RATE”), FOR AS LONG AS YOU CONTINUE TO USE THE KAAI SUBSCRIPTION SERVICE, OR UNLESS YOU CANCEL YOUR KAAI SUBSCRIPTION SERVICE IN ACCORDANCE WITH THE AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT KAAI NEED NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL KAAI OFFERINGS PURCHASED BY YOU FROM TIME TO TIME OUTSIDE OF OR IN EXCESS OF YOUR PLAN, PLUS ANY APPLICABLE TAXES AND SHIPPING, IF ANY,. EVERY TIME THAT YOU USE THE KAAI SUBSCRIPTION SERVICE, YOU RE-AFFIRM THAT KAAI AND ITS CHOSEN THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD AS PROVIDED IN THE AGREEMENT, AND TO HAVE ALL APPLICABLE FEES AND CHARGES APPLIED TO SAME.
Payment and Billing Information. By providing your credit, debit card or other acceptable information (or other payment method accepted by KAAI from time to time) when you sign up, and may be updated from time to time on your Account page (your “Payment Method”), you thereby authorize KAAI and/or our third-party payment processor to charge your Payment Method as provided in the Agreement. KAAI is unable to accept checking account transactions, paper checks, food stamps or unauthorized third-party coupons at this time. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your Access for the affected period(s) of time. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Portals, as applicable. In the event any such update or change is made after the Cut Off Time (as defined below) for your next scheduled Access, such update or change may not take effect immediately. Your right to use the KAAI Service is subject to limits established by KAAI and/or by the issuer of your Payment Method.
Credit or Debit Card Temporary Authorizations. KAAI reserves the right to execute an authorization or temporary charge on your Payment Method to up to Two Dollars ($2.00) to verify that your Payment Method is valid and that the information you provide to KAAI is correct (the “Temporary Authorization”). The Temporary Authorization will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your Payment Method provider’s rules). If you experienced trouble enrolling with KAAI, you may see multiple Temporary Authorizations.
These Temporary Authorizations will expire in accordance with your Payment Method provider’s rules. If this provision violates any state law of a KA-AI customer, this provision shall be deemed void ab initio.
Changes, Cancellations & Other Modifications to a Plan. You may cancel your Plan at anytime by visiting your Account page and following the instructions located therein, or by contacting us at KaufmannAAI@gmail.com. Changes to, or cancellations of, your Plan must be received by KAAI by 12:00 p.m. in your applicable time zone. If you do not submit such cancellation or change request before the Cut Off Time you will be charged your Plan Rate as provided in the Agreement, and if you requested to change or cancel your Plan, such change will not take effect until the month following.
Refunds and Credits. If you are dissatisfied for any objective reason, please contact us at KaufmannAAI@gmail.com and we may, in our sole discretion, issue a credit to your Account. All requests for a refund must be made within ninety (90) days from the date that your Account was charged for the underlying Access.
(f) Trials. We may offer, from time to time, free or discounted trials for the KAAI Subscription Service (“Trial Offers”). Any such Trial Offer lasts for the first month of your Plan only, unless expressly otherwise specified during sign-up and/or in the terms applicable to such Trial Offer. Trial Offers may not be combined with any other offers or promotions. Trial Offers are for first-time users of the KAAI Subscription Service only, unless expressly provided otherwise in the terms applicable to such Trial Offers. KAAI reserves the right, in its absolute discretion, to determine your eligibility for any Trial Offer and will notify offenders of any perceived fraudulent activity which may result in, but is not limited to, Account cancellation and cancellation of any outstanding referral or other unpaid credits.
We will begin automatically billing your Payment Method the Plan Rate for your Plan on a recurring, monthly basis as provided in the Agreement at the end of the Trial Offer, or as otherwise specified at the beginning of your enrollment in the Trial Offer, unless you cancel your Plan prior to the end of the Trial Offer period with proper advance notice to KAAI in accordance with this Agreement. KAAI will send an email communication after you initially enroll in the KAAI Subscription Service providing information on how to cancel your KAAI Subscription Service. You may cancel your KAAI Subscription Service prior to the start of automatic, recurring monthly charges to your Payment Method only by following the instructions contained in the email or the Agreement. Such confirmation email will be sent in a timely manner so as to afford you sufficient time to cancel your KAAI Subscription Service prior to the start of automatic, recurring weekly charges to the Payment Method provided by you at the time of sign-up. We reserve the right to authorize your Payment Method through various commercially reasonable methods.
Promotions. From time to time, KAAI offers Promotions by and through the Portals, or other facilities or other means. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the Promotion Rules applicable to each Promotion, you can obtain, or attempt to obtain, a chance to win the prize(s) and other awards offered through each Promotion, if any. You understand and agree that KAAI shall not be liable to you or any third party for any claim in connection with your participation in any of the Promotions.
Price and Availability. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least seven (7) days’ advance notice of any price changes associated with your Plan Rate. Your acceptance of any KAAI Service after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your KAAI Subscription Service in accordance with this Agreement. All prices shown on the Portals are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Portals. Prices, taxes or other fees may vary geographically.
Third-Party Information Providers and Merchants. In certain cases, the KAAI Service may permit you to order and receive products, information and services from third parties that are not owned, controlled or operated by KAAI. In such instances, KAAI acts only as the link between you and such third parties. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services and/or information ordered or received from such third parties are covered by their respective customer agreements and policies and are matters that should be addressed solely between you and such third parties. KAAI makes no representations or warranties of any kind, express or implied, regarding the merchandise, services and/or information received from such third parties and the fact that KAAI makes such products, information, and services available to you should not be construed as an endorsement of the third parties and/or the products, services, and information that they provide. You agree that KAAI shall have no obligation and incur no liability to you in connection with any products, information and/or services from third parties that are not owned or operated by KAAI.
The Portals contain Content which includes, but is not limited to, information pertaining to the KAAI Offerings, as well as regularly updated blog posts and third party links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Portals.
Subject to the restrictions set forth herein, the Interactive Services may allow end-users to participate in comment sections and other interactive areas of the Portals. Each end-user agrees to use the Interactive Services in full compliance with all applicable laws and regulations. Each end-user shall be solely responsible for her/his comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. You understand and agree that KAAI shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. KAAI does not monitor the Feedback submitted by end-users, and operates the comment sections of the Portals as a neutral host. The Interactive Services contain Feedback that is provided directly by end-users. You agree that KAAI shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. KAAI does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. KAAI reserves the right to remove any Feedback from the Portals at any time and for any reason, in KAAI’s sole discretion. In no event shall feedback constitute a valid communication or notice to KAAI for any purpose at any time.
You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services and other of the KAAI Offerings, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in unauthorized advertising to, or commercial solicitation of, other end-users; (g) transmit any chain letters, spam or junk e-mail to other end-users; (h) express or imply that any statements that you make are endorsed by KAAI, without KAAI’s specific prior written consent; (i) harvest or collect personal information of other end-users whether or not for commercial purposes, without their express consent; (j) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Portals and/or their respective content; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained in the Portals; (m) interfere with or disrupt the Portals and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (p) “frame” or “mirror” any part of the Portals without KAAI’s prior written authorization; (q) use metatags or code or other devices containing any reference to any KAAI Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the KAAI Offerings or any software used in or in connection with KAAI Offerings. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to the Portals without notice, in the sole discretion of KAAI. KAAI reserves the right to pursue any and all legal remedies against end users that engage in the aforementioned prohibited conduct.
LICENSE AND PROPRIETARY RIGHTS
Copyright and Ownership. The Portals and all associated Content, design, text, graphics, and interfaces; as well the collection, selection, and arrangement thereof; and all associated software (collectively, the “KAAI Materials”), are the sole and exclusive property of, or duly licensed to, KAAI. Consent is granted to view, electronically copy, and print in hard copy portions of the Portals for the sole purpose of using the KAAI Service for non-commercial usage. Any other use of the KAAI Materials, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of KAAI is strictly prohibited. You acknowledge that KAAI and/or third-party content providers remain the owners of such KAAI Materials and that you do not acquire any of those ownership or use rights by downloading copyrighted material or for any reason at any time except as specifically set forth herein. KAAI reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from KAAI.
(b) Trademarks. “KAAI,” all other KAAI marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of KAAI, or otherwise proprietary to KAAI, and may not be used by you for any reason other than as expressly permitted by the Agreement. All other trademarks, service marks, product names, and company names or logos appearing by and through the KAAI Offerings are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the KAAI Offerings.
KAAI reserves the right to terminate any end-user’s Access to the KAAI Offerings where that end-user infringes upon any preferred material described herein. If any end-user or other third party believes that a copyrighted work has been copied and/or posted via the KAAI Offerings in a way that constitutes copyright infringement, that party should provide KAAI with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows:
Phillip M. Hudson III, Esq.
Saul Ewing Arnstein & Lehr LLP
200 South Biscayne Boulevard, Suite 3600
Miami, Florida 33131
ACCESS TO THE KA-AI OFFERINGS
(a) Access. You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the KAAI Offerings. You agree to comply with all applicable laws and the terms of the Agreement in connection with your use of or participation in any KAAI Offerings. You hereby represent that you are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction), and have the requisite power and authority to enter into the Agreement and perform your obligations hereunder.
You acknowledge that from time to time the Portals and/or other KAAI Offerings may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which KAAI may undertake from time to time; or (c) causes beyond the reasonable control of KAAI or which are not reasonably foreseeable by KAAI. KAAI shall not be liable to you in any such event.
(b) ID Number and Passwords. Access to the KAAI Service is accomplished through the use of a registered email address and a password that you choose upon your registration for the KAAI Service, as updated from time to time. You are solely responsible for any authorized or unauthorized access to your Account by any person. You agree to bear all responsibility of the upkeep and maintenance of an accurate and active email address for access to the Portals, or receipt of transactional, Account-related or marketing email communications or other communications relating to the KAAI Offerings. You agree to bear all responsibility for the confidentiality of your password. You agree to notify KAAI promptly of any unauthorized use of your password or Account and you will remain liable for any unauthorized use of the KAAI Service.
(c) Your Account/Registration. You are responsible for all charges (including applicable taxes) to your Account in connection with your use of the KAAI Service, including in connection with your Plan and/or any other add-on or other purchases that are selected for purchase from time to time, by you or anyone you allow to use your Account and password to access the KAAI offerings.
In order to access the KAAI Offerings, you must provide some or all of the following information: (a) your full name; (b) your e-mail address; (c) your mailing and/or billing address; (d) your telephone number; (e) your Payment Method information; (f) information pertaining to your alternative receiver of product; and (g) any other information requested by KAAI (collectively, “Account Information”). You agree and accept responsibility for keeping all your Account Information current, up to date and accurate in all respects. You can update your Account Information by visiting your Account page on the Portals, as applicable, or by contacting us at KaufmannAAI@gmail.com. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent Account Information and that you are solely responsible for any Account Information that you provide to KAAI, and accept responsibility for all activities that occur under your Account or password and for restricting access to your computer and mobile device(s), as applicable.
REPRESENTATIONS AND WARRANTIES
Each end-user hereby represents and warrants to KAAI as follows: (a) the Agreement constitutes such end-user’s legal, valid and binding obligation which is fully enforceable against such end-user in accordance with its terms; (b) such end-user understands and agrees that such end-user has independently evaluated the desirability of utilizing the KAAI Offerings and that such end-user has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) such end-user’s performance under the Agreement, such end-user’s use of the KAAI Offerings and her/his Feedback (if applicable) will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law; and/or (iv) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (d) if applicable, such end-user will be solely responsible for her/his feedback.
Each end-user agrees to indemnify, defend and hold KAAI and (the “KAAI Parties”) (as defined below) harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) her/his feedback; (b) any dispute between that end-user and any other end-user or third party; (c) that end-user’s breach of the Agreement and/or any representation or warranty contained herein; (d) any allegation that such end-user (or that end-user’s feedback) has infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party; (e) any claim that such end-user’s use of the KAAI Offerings has violated any applicable law; and/or (f) such end-user’s use of the KAAI Offerings in any manner whatsoever.
THE KAAI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, KAAI MAKES NO WARRANTY THAT THE KAAI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE KAAI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN ELECTRONIC BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KAAI WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE NETWORK CONNECTION ASSOCIATED WITH THE KAAI OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAAI OR OTHERWISE THROUGH OR FROM THE KAAI OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, KAAI DOES NOT ENDORSE END-USER CONTENT OR FEEDBACK AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY FEEDBACK.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER KAAI, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, PROFESSIONALS OR LICENSORS (COLLECTIVELY, “KAAI PARTIES”), SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KAAI OR THE APPLICABLE KAAI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE KAAI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE KAAI OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR ACCOUNT INFORMATION; (D) THE FAILURE TO REALIZE ANY SPECIFIC BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) ANY OTHER MATTER RELATING TO THE KAAI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE KAAI AND THE KAAI PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF KAAI TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE AS SET FORTH IN THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS AND CONDITIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE KAAI OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR KAAI MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KAAI. ACCESS TO THE KAAI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS ANY LIABILITY OF KAAI SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DISPUTE RESOLUTION PROVISIONS
In the event of any dispute, controversy or claim arising out of or relating to the KAAI Offerings or the Agreement, or any provisions of the Agreement, or the breach of same by any party hereto: (a) each of you and KAAI agree to submit such dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against KAAI or the KAAI Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that KAAI incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you agreed to, or are deemed to have agreed to, the Agreement as provided hereunder.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KAAI as a result of this Agreement or use of the KAAI Portals. KAAI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of KAAI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the KAAI Portals or information provided to, or gathered by KAAI 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 KAAI with respect to the KAAI Portals, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KAAI with respect to the KAAI website. 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 drawn up in English.
USER CONTENT AND MATERIAL.
We do not claim ownership or control of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Portals, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, and Pinterest, which are tagged with #KaufmannProtocol or any other KAAI promoted hashtag (collectively “User Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to KAAI and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to this Agreement or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. KAAI will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. KAAI shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. KAAI retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Portals, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by KAAI, you will furnish KAAI any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You are solely responsible for the User Content and you hereby agree to indemnify and hold KAAI and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. In states where your obligation to indemnify and hold harmless may be limited, such as New Jersey, you agree to indemnify and hold harmless KAAI to the maximum extent of the law.
KAAI does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge KAAI and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by KAAI or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that KAAI has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. KAAI acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If KAAI becomes aware of any User Content that allegedly may not conform to these Terms, KAAI may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. KAAI has no liability or responsibility to end-users for performance or nonperformance of such activities.
KAAI HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT HEREBY TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST KAAI FOR SUCH REMOVAL AND/OR DELETION. KAAI IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE PORTALS. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE PORTALS OR ANY OTHER PORTALS OR PLATFORMS.
(a) Termination. The Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated by KAAI. KAAI may suspend or terminate the Agreement or any KAAI Offerings or remove or disable access to all or any portion of the KAAI Offerings at any time for any reason or for no reason with or without notice to you. You may terminate your KAAI Service account at any time for any reason or for no reason by delivering notice in the manner provided above, which termination will be effective the day notice is received or such later date specified in the notice. KAAI reserves the right to collect fees and charges incurred before you cancel your KAAI Service account. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancelation.
(b) Third Party Portals. The Portals may contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Pages. KAAI does not control the information, products or services made available on, by or through these third party websites. The inclusion of any link does not imply endorsement by KAAI of the applicable website or any association with the website’s operators. Because KAAI has no control over such websites and/or resources, each end-user agrees that KAAI is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any end-user’s data privacy by third parties. Each end-user further agrees that KAAI shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such website.
(c) Notices. KAAI may give notice to you of any change or any other communication related to the Agreement through a general posting on the Portals, by email, or by conventional mail to your address contained in the data provided by you in your account. You may give notice to KAAI by emailing KaufmannAAI@gmail.com or by conventional mail to:
With a copy to: Phillip M. Hudson III
SAUL EWING ARNSTEIN & LEHR, LLP
200 South Biscayne Boulevard, Suite 3600
Miami, Florida 33131
Telephone: (305) 428-4502
(d) Entire Agreement; Severability; Waiver; Relationship of the Parties; Headings; Assignment. The Agreement represents your entire agreement with KAAI regarding your use of the KAAI Offerings. To the extent that anything in or associated with the KAAI Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence provided, however, that with respect to the: (a) Promotions, to the extent that
anything in these Terms and Conditions is inconsistent with the applicable Promotion Rules, those Promotion Rules, as applicable, shall take precedence. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed, in accordance with applicable law, as nearly as possible to reflect the original intention of the parties, and the remainder of the Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. KAAI may, with or without notice to you and in its sole discretion, assign the Agreement and/or any of its rights or delegate its duties under the Agreement to any third party for any purpose. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(e) Third-Party Beneficiaries. You agree that the Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, KAAI, and KAAI Parties; provided, however, that the provisions of the Agreement are for the benefit of the KAAI Parties, and each shall have the right to assert and enforce the provisions directly on its own behalf. The Agreement and all obligations and restrictions placed upon you or your permitted users by the Agreement shall survive termination of the Agreement and your KAAI Service account.