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Introduction
This website (the "Site") is owned and operated by uKarma®, Corp. ("uKarma®" or "we"). uKarma® provides the Site and its services to you subject to the following Terms of Service (the "Terms"). By using the Site, you agree to be bound by the Terms. uKarma® may, in its sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Site. The "Last Modified" date at the top of the Terms will indicate when the latest changes were made. By continuing to access and use the Site after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or rules applicable to such services, features or purchases that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
Description of Service
The Site offers a variety of services, information and opportunities to our visitors. You may do all of the following on this Site: shop for XFLOWSION™ and uKarma® products, become a registered member of the site, or sign up for e-mail newsletters.
Purchasing Products
If you would like to purchase any merchandise or products offered on the Site or a subscription to our daily inspirations or e-mail newsletter (collectively, "Products"), your purchase will be subject to the terms and conditions of our Purchase Policy. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy. Our Purchase Policy is hereby incorporated by reference into the Terms.
Information You Provide
You may be required to register for an account on the Site in order to take advantage of certain features of the Site, such as purchasing Products, signing up for daily inspirations or e-mail newsletter, or using our chat rooms, message boards, and blogs. If you choose to register on the Site or if you otherwise provide information on the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to uKarma® that is false, inaccurate, outdated, or incomplete, or uKarma® has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, uKarma® has the right to suspend or terminate your account and prohibit any and all current or future use of the Site or Product (or any portion thereof) by you.
Any registration or other information you provide to uKarma® is subject to our Privacy Policy. For more information, see our full Privacy Policy. Our Privacy Policy is hereby incorporated into the Terms by this reference.
Member Account and Password
If you choose to register for an account with uKarma®, you may be required to create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify uKarma® of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. uKarma® (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Materials on the Site, Proprietary Use
You acknowledge that all materials on the Site, including, but not limited to, design, graphics, text, pictures, software, and other files and the selection and arrangement thereof (the "Materials"), are subject to and protected under copyright, trademark, and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by uKarma® and/or its suppliers or licensors, all rights reserved. Except as expressly authorized by the Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, or otherwise use any of the Materials in any form or by any means, without the prior written permission of uKarma® or the respective copyright owner. uKarma® authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.
The trademarks, service marks, trade names, trade dress, and logos (collectively, "Marks") contained or described on the Site (including, without limitation, uKarma®, XFLOWSION™, AMAZING ABS™, BODY BLAST™, CALM DOWN DOG™, THE LEAN™, KICK BUTT YOGA™, THE MOST FUN YOU'LL EVER HAVE WORKING OUT™, THE MOST FUN I'VE EVER HAD WORKING OUT™, MIND BLOWING FITNESS FOR EVERY BODY™, MIND BLOWING WORKOUTS FOR EVERY BODY™, TRIPLE TRAINING™, DREAMS REALIZED™ ALL U NEED™, and LOOK GREAT OUTSIDE FEEL GREAT INSIDE™ and any Marks associated with any Products) are the sole property of uKarma® and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of uKarma® and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are Marks of uKarma® and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of uKarma®. uKarma® will enforce its intellectual property rights to the fullest extent of the law.
Links and Third Party Content
Links on the Site to third-party websites are provided only as a convenience to you. If you use these links, you will leave the Site. uKarma® does not control or endorse any such third-party websites. You agree that neither uKarma® nor any of its affiliated companies will be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that neither uKarma® nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, uKarma®, ITS PARENT, SUBSIDIARY, AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "uKarma® PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. uKarma® MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABLITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS ON OR ACCESSIBLE THROUGH THE SITE. ANY DOWNLOADING, RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE uKarma® PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (VI) THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE uKarma® PARTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
With respect to any financial or investment information regarding uKarma® or the Site provided through the Site, such information is provided for informational purposes only and is not intended as investment advice. Such information is provided on a "let the investor" beware basis, meaning that you assume all risk for any investment, trading or other decisions you make based on such information. We advise that you consult a stock brocker or other authorized financial advisor or representative before making any investment or other financial decisions.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE uKarma® PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF uKarma® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
If you are dissatisfied with any Materials, or with any of the Sites's terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You will indemnify and hold uKarma®, and its subsidiaries, affailiates, directors, officers, agents, contractors, or other partners and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material or information you submit, post, or transmit through an Interactive Medium, your use of the Site, your connection to the Site, your violation of these Terms, or your violation of any rights of any third party.
Termination
uKarma® reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Site, and to block or prevent future access to and use of the Site for any reason, including your breach of the Terms or other conduct by you that uKarma® considers inappropriate. uKarma® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms, you agree that neither uKarma® nor any of its affiliated companies shall be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
Governing Law
The Terms shall be exclusively governed by and construed in accordance with the laws of the California within the United States of America without giving effect to any principles of conflicts of law. uKarma® controls and operates the Site from its offices located in the State of California in the United States of America. uKarma® makes no representation that Materials contained on the Site or Products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that the Terms comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Contacting Us
If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, please contact us at info@XFLOWSION.com. We will address any issue to the best of our abilities as soon as possible.
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