AGREEMENT
BETWEEN USER AND Kangen Water
The Kangen Water Web Site is comprised of various Web pages operated by
Kangen Water.
The Kangen Water Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the Kangen Water Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Kangen Water reserves the right to change the terms, conditions, and
notices under which the Kangen Water Web Site is offered, including but
not limited to the charges associated with the use of the Kangen Water
Web Site.
LINKS TO THIRD PARTY SITES
The Kangen Water Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Kangen Water and
Kangen Water is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Kangen Water is not
responsible for webcasting or any other form of transmission received
from any Linked Site. Kangen Water is providing these links to you only
as a convenience, and the inclusion of any link does not imply
endorsement by Kangen Water of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Kangen Water Web Site, you warrant to
Kangen Water that you will not use the Kangen Water Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Kangen Water Web Site in any manner which
could damage, disable, overburden, or impair the Kangen Water Web Site
or interfere with any other party's use and enjoyment of the Kangen
Water Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or
provided for through the Kangen Water Web Sites.
USE OF COMMUNICATION SERVICES
The Kangen Water Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities 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
which 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.
Kangen Water has no obligation to monitor the
Communication Services. However, Kangen Water reserves the right to
review materials posted to a Communication Service and to remove any
materials in its sole discretion. Kangen Water reserves the right to
terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
Kangen Water 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, in Kangen
Water's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Kangen Water does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
Kangen Water 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 Kangen Water spokespersons, and their views do not
necessarily reflect those of Kangen Water.
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.
MATERIALS PROVIDED TO Kangen Water OR
POSTED AT ANY Kangen Water WEB SITE
Kangen Water does not claim ownership of the materials you provide to
Kangen Water (including feedback and suggestions) or post, upload,
input or submit to any Kangen Water Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
Kangen Water, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Kangen Water is under no obligation to
post or use any Submission you may provide and may remove any
Submission at any time in Kangen Water's sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Kangen Water WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Kangen Water AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE Kangen Water WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE Kangen Water WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Kangen Water AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE Kangen Water WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. Kangen Water AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Kangen Water AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Kangen Water WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE Kangen Water WEB SITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Kangen
Water WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Kangen Water
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF Kangen Water OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
Kangen Water WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Kangen Water WEB SITE.
SERVICE CONTACT : jd@owpro.com
TERMINATION/ACCESS RESTRICTION
Kangen Water reserves the right, in its sole discretion, to terminate
your access to the Kangen Water Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum
extent permitted by law, this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in
all disputes arising out of or relating to the use of the Kangen Water
Web Site. Use of the Kangen Water Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency relationship
exists between you and Kangen Water as a result of this agreement or
use of the Kangen Water Web Site. Kangen Water's performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Kangen Water's right to
comply with governmental, court and law enforcement requests or
requirements relating to your use of the Kangen Water Web Site or
information provided to or gathered by Kangen Water 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 Kangen Water with
respect to the Kangen Water Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Kangen Water with respect to the
Kangen Water Web Site. 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 an d 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.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Kangen Water Web Site are: Future Foundation Water
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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