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Conditions of Use
July 04, 2008
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Ketch Wellness and its affiliates provide their services to you subject to the
following conditions. When you visit or shop at KetchWellness.com, you accept
these conditions. Please read these conditions carefully. In addition,
when you use any current or future KetchWellness.com service or visit or
purchase from any business affiliated with KetchWellness.com, whether or not
included in the KetchWellness.com website, you also will be subject to the
guidelines and conditions applicable to such service or business. |
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KetchWellness.com and other marks indicated on our website are registered
trademarks of Ketch Wellness or its subsidiaries, in the United States and
other countries. ROTATING HEARTS and other KetchWellness.com graphics, logos,
page headers, buttons, icons, scripts, and service names are trademarks or
trade dress of Ketch Wellness or its subsidiaries. Ketch Wellness 's
trademarks and trade dress may not be used in connection with any product or
service that is not Ketch Wellness's, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
KetchWellness.com or Ketch Wellness All other trademarks not owned by
Ketch Wellness or its subsidiaries that appear on this website are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Ketch Wellness or its subsidiaries.
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All content included on this website, such as text, graphics, logos, buttons,
icons, images, audio clips, downloads, compilations of data, and software, is
the property of Ketch Wellness or its content suppliers and protected by
United States and international copyright laws. The compilation of all content
on this site is the exclusive property of Ketch Wellness and protected by
U.S. and international copyright laws. All software used on this website is the
property of Ketch Wellness or its software suppliers and protected by
United States and international copyright laws.
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Ketch Wellness and its affiliates respect the intellectual property and
intellectual property rights of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, please notify us
immediately by sending the following to our
address.
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A description of the copyrighted work that is being claimed has been infringed
upon;
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A description of where the material being claimed is infringed upon is located
on the website;
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The claimant's full name, mailing address, telephone number, and e-mail
address;
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A statement by the claimant that they have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
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A statement by the claimant, made under penalty of perjury, that the above
information in the communication is accurate and that the claimant is the
copyright owner or authorized to act on behalf of the copyright owner.
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The claimant's signature
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Ketch Wellness grants you a limited license to access and make personal
use of this website and not to download (other than page caching) or modify it,
or any portion of it, except with express written consent of Ketch Wellness,
Inc. This license does not include any resale or commercial use of this website
or its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of this website or its contents; any downloading
or copying of account information for the benefit of another merchant; or any
use of data mining, robots, or similar data gathering and extraction tools of
any kind. This website or any portion of this website may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of Ketch Wellness You
may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
KetchWellness.com and our affiliates without express written consent. You may
not use any meta tags or any other "hidden text" utilizing KetchWellness.com's
name or trademarks without the express written consent of Ketch Wellness
Any unauthorized use terminates the permission or license granted by Ketch
Wellness You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of KetchWellness.com so long as the link
does not portray KetchWellness.com, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any KetchWellness.com logo or other proprietary graphic or
trademark as part of the link without express written permission.
In consideration for access and use of this website or any page on this website
or any part, feature, or piece of information on this website, you agree that any
and all claims against KetchWellness.com, it's owner, any previous owner, and any
past or present employee or shareholder of any owner or previous owner, made by
you or your company are null and void, and furthermore you will not pursue any such
collections against any of the mentioned parties. You agree that any violation
of this agreement would cause irreparable injury to the party, the degree of which
may be difficult to ascertain. Accordingly, the party will have the right
to obtain an immediate injunction enjoining any breach of this agreement, as well
as the right to pursue any and all other rights and remedies available at law, or
in equity of such breach.
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If you use this website, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. KetchWellness.com does sell products for
children, but it sells them to adults, who can purchase with a credit card. If
you are under 18, you may use KetchWellness.com only with involvement of a
parent or guardian. Ketch Wellness and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
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Visitors to our website may post reviews, comments, and other content; and
submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of any
content or submission. Ketch Wellness reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review
posted content. |
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If you do post content or submit material, and unless we indicate otherwise,
you grant Ketch Wellness and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media. You grant Ketch
Wellness and its affiliates and sublicensees the right to use the name
that you submit in connection with such content, if they choose. You represent
and warrant that you own or otherwise control all of the rights to the content
that you post; that the content is accurate; that use of the content you supply
does not violate this policy and will not cause injury to any person or entity;
and that you will indemnify Ketch Wellness or its affiliates for all
claims resulting from content you supply. Ketch Wellness has the right
but not the obligation to monitor and edit or remove any activity or content.
Ketch Wellness takes no responsibility and assumes no liability for any
content posted by you or any third party. |
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Ketch Wellness and its affiliates attempt to be as accurate as possible.
However, Ketch Wellness does not warrant that product descriptions,
documents, articles, or other content of this website is accurate, complete,
reliable, current, or error-free. If a product offered by KetchWellness.com
itself is not as described, your sole remedy is to return it in unused
condition.
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Any articles or documents are provided for informational purpose only. The
information contained in any documents or article represents the current view
of individual(s) who submitted the document or article. No document or article
should be interpreted to be a commitment on the part of Ketch Wellness
Ketch Wellness cannot guarantee the accuracy of any document or article
presented on this site. The Visitor assumes the entire risk as to the accuracy
and the use of any document or article.
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We recommend you review our other policies, such as our
Privacy Policy, Return Policy,
and Medical Disclaimer, posted
on this website. These policies also govern your visit to KetchWellness.com. |
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When you visit KetchWellness.com or send us e-mails or faxes, you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this website. You agree that all agreements, notices, disclosures
and other communications from us that we provide to you electronically satisfy
any legal requirement that such communications be made in writing.
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All official or legal correspondences are to be delivered to our address of
record at 1203 Lincoln Avenue, Rochelle, IL 61068-1853. |
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All items purchased on KetchWellness.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items passes to
you upon our delivery to a carrier. |
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Parties other than Ketch Wellness and its subsidiaries provide services,
or sell products on this website. In addition, we provide links to the websites
of affiliated companies and certain other businesses. We are not responsible
for examining or evaluating, and we do not warrant the offerings of, any of
these businesses or individuals or the content of their websites. Ketch
Wellness does not assume any responsibility or liability for the actions,
product, and content of all these and any other third parties. You should
carefully review their privacy statements and other conditions of use. |
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THIS WEBSITE IS PROVIDED BY KETCH WELLNESS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. KETCH WELLNESS MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
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TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KETCH WELLNESS
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
KETCH WELLNESS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL
SENT FROM KETCHWELLNESS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
KETCH WELLNESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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STATE LAWS IN CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER THESE LAWS. |
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By visiting KetchWellness.com, you agree that the laws of the state of
Illinois, without reference to conflict of laws principles, will govern
these Conditions of Use and any dispute of any sort that might arise between
you and Ketch Wellness or its affiliates. |
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Any dispute relating in any way to your visit to KetchWellness.com or to
products you purchase through KetchWellness.com shall be submitted to
confidential arbitration in Chicago, Illinois, except that, to the
extent you have in any manner violated or threatened to violate Ketch Wellness,
Inc.'s intellectual property rights, Ketch Wellness may seek injunctive
or other appropriate relief in any state or federal court in the state of
Illinois, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
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We reserve the right to make changes to our website, policies, and these
Conditions of Use at any time. |
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If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that term shall be deemed severable and shall not affect the
validity and enforceability of any remaining term or condition. |
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