Terms of services
OVERVIEW
This website is operated by livingasm. Throughout the site, the terms “we”,
“us” and “our” refer to livingasm. livingasm offers this website, including
all information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices stated
here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all
users of the site, including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then
you may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to
the Terms of Service. You can review the most current version of the Terms of
Service at any time on this page. We reserve the right to update, change or replace
any part of these Terms of Service by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes. Your continued
use of or access to the website following the posting of any changes constitutes
acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow any
of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of
your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information
only and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images
of our products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this right
on a case-by-case basis. We reserve the right to limit the quantities of any products
or services that we offer. All descriptions of products or product pricing are subject
to change at anytime without notice, at the sole discretion of us. We reserve the right
to discontinue any product at any time. Any offer for any product or service made on
this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations, or that any errors
in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e‐mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit orders that, in
our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update your
account and other information, including your email address and credit card numbersand expiration dates, so that we can complete your transactions and contact you as
needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor
nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or responsibility for
any third-party materials or websites, or for any other materials, products, or services
of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and practices
and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries)
or without a request from us you send creative ideas, suggestions, proposals, plans,
or other materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise unlawful,
abusive or obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related website. You may
not use a false e‐mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take noresponsibility and assume no liability for any comments posted by you or any third-
party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or omissions, and
to change or update information or cancel orders if any information in the Service or
on any related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or
on any related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or on any
related website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality or operation of
the Service or of any related website, other websites, or the Internet; (h) to collect or
track the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other websites,
or the Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service
will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and services delivered to you through the service
are (except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and non-
infringement.
In no case shall healthkeyword, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequentialdamages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless healthkeyword and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third-party
due to or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts due
up to and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of New
Zealand. SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of
these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued use of
or access to our website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
This website is operated by livingasm. Throughout the site, the terms “we”,
“us” and “our” refer to livingasm. livingasm offers this website, including
all information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices stated
here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all
users of the site, including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then
you may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to
the Terms of Service. You can review the most current version of the Terms of
Service at any time on this page. We reserve the right to update, change or replace
any part of these Terms of Service by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes. Your continued
use of or access to the website following the posting of any changes constitutes
acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow any
of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of
your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information
only and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images
of our products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this right
on a case-by-case basis. We reserve the right to limit the quantities of any products
or services that we offer. All descriptions of products or product pricing are subject
to change at anytime without notice, at the sole discretion of us. We reserve the right
to discontinue any product at any time. Any offer for any product or service made on
this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations, or that any errors
in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e‐mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit orders that, in
our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update your
account and other information, including your email address and credit card numbersand expiration dates, so that we can complete your transactions and contact you as
needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor
nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or responsibility for
any third-party materials or websites, or for any other materials, products, or services
of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and practices
and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries)
or without a request from us you send creative ideas, suggestions, proposals, plans,
or other materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise unlawful,
abusive or obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related website. You may
not use a false e‐mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take noresponsibility and assume no liability for any comments posted by you or any third-
party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or omissions, and
to change or update information or cancel orders if any information in the Service or
on any related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or
on any related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or on any
related website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality or operation of
the Service or of any related website, other websites, or the Internet; (h) to collect or
track the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other websites,
or the Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service
will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and services delivered to you through the service
are (except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and non-
infringement.
In no case shall healthkeyword, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequentialdamages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless healthkeyword and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third-party
due to or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts due
up to and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of New
Zealand. SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of
these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued use of
or access to our website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION