Health Karma Inc.
Terms & Conditions



HEALTH KARMA INC TERMS & CONDITIONS

The following are terms of a legal agreement (“Agreement”) between you (“Client”) and Health Karma Inc., (“Health Karmaʺ), dba Health Karma Solutions, Health Karma Group, Health Karma, 1st Call, 1st Moment and other products ("Products" or "Websites"). By accessing, browsing and/or using this web site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that Health Karma may, in its sole discretion and without notice, revise these terms at any time by updating this posting.

Hyperlinking

Health Karma makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Health Karma web site, please understand that it is independent from Health Karma, and that Health Karma has no control over the content on that website, even if Health Karma provides information or services to the owner of that web site. In addition, a link to a non-Health Karma web site does not mean that Health Karma endorses or accepts any responsibility for the content or the use of such web site. In fact, Health Karma disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Copyrights and use of Site content

The copyright in all materials provided on this Site is held by Health Karma or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior write permission of Health Karma or the copyright owner. Permission is granted to download one copy of the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on this Site without Health Karma’ express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Health Karma or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

Trademark

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Health Karma. Other trademarks, service marks and tradenames may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Health Karma intellectual property displayed on this Site. Health Karma aggressively enforces its intellectual property rights to the fullest extent of the law. The name Health Karma, Familyrecordsvault.com and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Health Karma. Health Karma also prohibits use of Health Karma and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Health Karma in writing.

User Posting

You acknowledge and agree that Health Karma shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site (“Submissions”). You hereby waive any and all claims against Health Karma for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Health Karma’ use and publication of such Submissions. This means that anything summited by you to this Site will be owned by Health Karma and may be used by Health Karma for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event Health Karma’ ownership of such Submissions is successfully contested, you automatically grant Health Karma a perpetual, royalty-free, non-exclusive, sublicensable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or here after developed for any purpose, including, but not limited to, advertising and promotional purposes. Health Karma does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Health Karma expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole option, liability and risk. You covenant that you shall not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Health Karma in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.

No Services, Endorsement or Professional Consultation

There may be delays, omissions or inaccuracies in information obtained through your use of this Site. The information on the site is provided to you with the understanding that Health Karma’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Health Karma does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by Health Karma, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, Health Karma does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that Health Karma promotes or endorses a third party’s causes, ideas, political campaigns, political views, web sites, products or services.

Access to the Site


Health Karma may alter, suspend or discontinue this Site and your access to use this Site at anytime for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or sub routine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.

Disclaimer of Warranties

THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIESOF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Health Karma DISCLAIMSALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.SPECIFICALLY, BUT WITHOUT LIMITATION, Health Karma DOES NOT WARRANT THAT: (1) THEINFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ONTHIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THISSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIARESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERALRELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXISTIN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVEMATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Health Karma OR ANY OF ITS PREDECESSORS, SUCCESSORS,PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES,AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BELIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OREXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TOUSE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THISSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF Health Karma HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Health Karma OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’,DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES,LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OFIMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALLUSERS.

Indemnification

You hereby indemnify, defend, and hold harmless Health Karma and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the "Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys'’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Health Karma reserves the right, at its own expense, to assume the exclusive defense and control of any mater subject to indemnification by you.

Enforcement of Terms and Conditions

This Agreement is governed and interpreted pursuant to the laws of the state of California, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the state of California. You further agree and expressly consent to the exercise of personal jurisdiction in the state of California in connection with any dispute or claim involving Health Karma. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Infringement Notices and Takedown

Health Karma prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify Health Karma of your copyright infringement claim in accordance with the following procedure. Health Karma will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent tosupport@healthkarmagroup.com.To be effective, the notification must be in writing and contain the following information (DMCA, 17U.S.C. §512(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Effective Date

This Agreement is effective upon the date upon which Health Karma first began to provide services to Client and shall govern all business relations between Health Karma and Client until terminated or until anew agreement has executed by the parties to supersede the terms of this Agreement. Even if this agreement does not take effect, Client will be obligated to pay Health Karma the value of any services it may have performed for Client. Services will be billed at the monthly rate and include all out-of-pocket costs and expenses.

Entire Agreement

This Agreement constitutes the entire agreement between you and Health Karma with respect to the subject mater of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject mater. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Health Karma.

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