TERMS AND CONDITIONS

This Terms and Conditions Agreement and our Privacy Policy (together, the “Terms“) describe the terms and conditions in which NKMax America, Inc. offers you access to its https://nkmaxhealth.com/, https://nkmaxamerica.com/, and any of its other websites, applications and online services on or to which these Terms are linked or referenced (collectively, the “Site“). The following defined terms applies to these Terms: “Client”, “you” and “your” refers to you, the person and/ or entity it represents, accessing this Site and accepting the Company’s Terms. “Company”, “ourselves”, “we”, or “our”, refers to NKMax America, Inc. “Party”, “Parties”, or “us”, refers to both the Client and the Company, or either the Client or the Company. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Before accessing and using the Site, please read the Terms carefully because they constitute a legal agreement between the Company and the Client.

BY ACCESSING AND USING THE SITE, YOU AFFIRM THAT:

  • YOU HAVE READ AND UNDERSTAND THE TERMS;
  • YOU WILL COMPLY WITH THE TERMS; AND
  • YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.

IF YOU ARE USING THE SITE ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND THE COMPANY AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THE TERMS.

IF YOU DO NOT AGREE TO ANY OF THE TERMS, PLEASE DO NOT USE THE SITE.

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE

By using the Site, you signify your consent to the Terms.  If you do not agree to the Terms, please do not use the Site.

The Terms outline the terms and conditions for the use of the Site.   The Company is located at:  3001 Daimler Street, Santa Ana, CA 92705.

The contents of the Site, including all medically related information, is for informational purposes only and is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. Please confirm all Site content with other sources and with your physician and professional health care providers. The Company does not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation, or strategy available through the Site. Do not use the Site for emergency medical needs. If you experience a medical emergency, immediately call a health care professional and 911.

Cookies

The Company may use any number of tools to collect information about you, your computer access points, and the web browser that you use to connect to our website.  For example, cookies are tiny text files that we place on your computer’s hard drive when you visit our website.  We may use cookies to personalize your interactions with our Site.  Use of cookies enable the Company to retrieve certain user details for each visit. Cookies are used in some areas of the Site to enable the functionality of this area and ease of use for those people visiting. You do not have to accept our cookies and you may set your browser to restrict their use and you may delete them after they have been placed on your hard drive.  If you do not accept or delete our cookies, some areas of our Site may take more time to work or may not function properly.  By continuing to use the Site and not restricting or deleting our cookies, you consent to the use of cookies in accordance with the Company’s privacy policy linked to the Site.

For more information about our cookies, see below. For more general information about cookies, please visit https://www.allaboutcookies.org/

License

Unless otherwise stated, the content organization, graphics, design, computer code, compilation, and other materials on or related to the Site are protected under applicable copyright, trademark, and other proprietary and intellectual property rights of their respective owners.  The Company owns intellectual property rights for all its intellectual property material on this Site. All intellectual property rights are reserved. You may view and/or print pages from the Site for your own personal use subject to restrictions set in the Terms. You do not acquire ownership rights to any content, document, or other materials viewed or created through the Site or obtained from the Site.

You must not:

Republish material from the Site.

Sell, rent or sub-license material from the Site.

Reproduce, duplicate or copy material from the Site.

Redistribute the contents from the Site or the Company unless otherwise approved by the Company or is specifically made for redistribution.

Hyperlinking to our Content

The following organizations may link to the Site without prior written approval:

Government agencies;

Search engines;

News organizations;

Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and

A company or business in good standing with the jurisdiction of its principal place of business with a legitimate purpose for such a link and not otherwise excluded pursuant to (a) – (f) below.

All others must make a written request for approval to place this or any part of the Site on a hyperlink by sending an e-mail to info@nkmaxamerica.com. The Company may consider and approve such request in our sole discretion. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to the Site, a list of the URL(s) on the Site to which you would like to link and any other information You think may be helpful in aiding our review of your request.

These organizations and any other approved organizations by the Company may link to our home page, to publications or to other Site information so long as the link: (a) is not in any way misleading and does not damage or dilute the goodwill of the Company; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; (c) fits within the context of the linking party’s site; (d) is not unlawful, abusive, indecent or obscene; (e) does not promote violence or illegal acts; or (f) otherwise inappropriate based on the Company’s sole discretion.

The use of the Company’s logo or other artwork will not be allowed for linking absent a trademark license agreement.

Iframes

Without the Company’s prior written consent, you may not create frames around the Site’s pages or use other techniques that alter in any way the visual presentation or appearance of the Site.

Reservation of Rights

The Company reserve the right at any time and in our sole discretion to request that You remove all links or any particular link to the Site. You agree to immediately remove all links to the Site upon such request. The Company also reserve the right to amend the Terms and its linking policy at any time. By continuing to link to this Site You agree to be bound to and abide by these linking the Terms.

Removal of links from our website

If You find any link on this Site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

While we attempt to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Site remains available or that the material on the Site is kept up to date.

No Warranties

The Company warrants that the Company has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. The Company specifically disclaims all warranties and conditions of any kind, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. The Company makes no warranty as to the accuracy, completeness, currency or reliability of any of the Site. The Company does not warrant that (i) the Site will meet your requirements, (ii) operation of the Site will be uninterrupted or virus- or error-free or (iii) errors will be corrected. Any oral or written advice provided by the Company or its agents does not and will not create any warranty.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE.

IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.

The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that the Company would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

IF YOU ARE A CALIFORNIA RESIDENT, YOU ALSO WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnification

You agree to defend, indemnify and hold harmless the Company and its  affiliates and their respective officers, directors, employees, agents and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against the Company by any third party arising out of or are related to your violation of the Terms or use of the Site. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of the Company may be made without the Company’s prior written consent.

Last updated as of October 28, 2019