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Kizoku™ Website Terms and Conditions

Kizoku, Inc. (“Kizoku™,” “we” or “us”) thanks you for visiting our website (the “Site”). The following Kizoku™ Website Terms and Conditions (the “Terms and Conditions”) apply in their entirety when you:

 

ACCESS OR USE OF THE SITE:

  • register as a Kizoku™ member (“Member”) at the Site, which provides you with access to some or all of the Site’s activities, content, products, services, surveys and tests (collectively, the “Kizoku™ Services), as well as various interactive features and services (collectively, the “Interactive Services” and together with the Kizoku™ Services, the “Services”); or

  • register for one of our sweepstakes, promotional offers or contests, as offered from time to time (the “Promotions”).

The Kizoku™ Website Privacy Policy (“Privacy Policy”), the Kizoku™ Non-Disclosure and Confidentiality Agreement, other Kizoku™ operating rules, policies, price schedules (if any), Promotions rules and additional supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. Kizoku reserves the right to modify, suspend, or discontinue any aspect of the Services, including the availability of specific content, at our sole discretion and without notice.

 

YOU MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS, AND BY DOING SO, YOU CONSENT TO THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES, CONTENT (AS THAT TERM IS DEFINED BELOW), PROMOTIONS OR SITE IN ANY MANNER OR FORM WHATSOEVER.

 

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, OR IF YOU ARE AN EDUCATOR (AS DEFINED BELOW) WHO IS ACTING AS THE AGENT OF A PARENT OR LEGAL GUARDIAN, YOU MUST AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

 

The content appearing on the Site is provided for INFORMATIONAL PURPOSES ONLY.

Much of the Content, appearing on the Site is provided by third-parties. Kizoku™ shall not be responsible or liable for the accuracy, usefulness or availability of any Content, Member Content or other information transmitted or made available by and through Kizoku.life  and Kizoku Inc. Services.

 

Under our Privacy Policy, we will only process your Personal Information (as defined in the Privacy Policy) in accordance with applicable data protection and privacy laws. 

 

1. MODIFICATION OF AGREEMENT

These Terms and the Order set out the whole agreement between you and Kizoku™ for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.

You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services, Content, Site, Promotions, Member Content and/or any other analyses, research, opinions, reports and/or other information provided by or through same(collectively, “Kizoku™ Offerings”). The Agreement constitutes the entire and only agreement between you and Kizoku™ with respect to your use of the Kizoku™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Kizoku™ Offerings. Kizoku™ may, without notice, update, revise, or change the Agreement, and the scope and functionality of the Kizoku™ Offerings, in whole or in part, at any time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arose prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Kizoku™ Offerings. By your continued use of the Kizoku™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for any updates and/or changes. You understand and agree that Kizoku™ is not responsible or liable in any manner whatsoever for your inability to use the Kizoku™ Offerings.

 

2. NO MEDICAL OR  FINANCIAL ADVICE 

 THE CONTENT AND MEMBER CONTENT PRESENTED BY AND THROUGH THE SITE AND/OR SERVICES IS IN NO WAY INTENDED AS MEDICAL OR FIANCIAL ADVICE. 

 

3. REQUIREMENTS. The Kizoku™ Offerings are not available to: any users previously suspended or removed from the Site or Services.

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4. REGISTRATION/ACCOUNT/FEES

Initially, visitors to the Site may be offered proprietary Kizoku™ Assessments. Upon completion, Kizoku™ may invite the visitor to register on the Site to become a Member. 

Kizoku™ reserves the right, in its sole discretion, to deny membership, as well as any Kizoku™ Offering, to anyone, for any reason whatsoever, as permitted by applicable law. The registration data that you must supply on the Site in order to obtain access to the Kizoku™ Offerings as a Member may include, without limitation, depending on the method used by you to register: full name; e-mail address; date of birth; home address; telephone number; user name and password; where you register via your social media account, your social media ID; social media profile name; social media profile picture; interests; social media photographs included in your social media account; and any and all other information made available to Kizoku™ by and through your social media accounts. You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. Kizoku™ and/or its third party affiliates may verify and approve all registrants in accordance with its standard verification procedures.

You can access your specific Member account on the Site using your user name and password or logging in via your social media accounts, as applicable and where authorized by Kizoku™, or through the Kizoku Member program. You are responsible for maintaining the confidentiality of your Member account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member account, user name and password.

If you have reason to believe that your Member account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user name, password, or any credit, debit or charge card number stored) you will notify Kizoku™ of the problem to avoid possible liability for any unauthorized charges to your account. To access and use some of our Services you will need to pay the applicable fees described on the Site for such Services, including applicable taxes (the “Subscription Fees”). When you subscribe for Services requiring a payment, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user or Member. See the Payment Policy section below.

We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the Site or Services without notice or liability.

Kizoku™ agrees that it will terminate any paid or unpaid subscription to Services upon notice from the Member. A Member's right to use the Site is subject to any limits established by Kizoku™ or by the Member's credit card issuer. If a payment cannot be charged to a Member's credit card or a Member's charge is returned for any reason, including chargeback, Kizoku™ reserves the right to either suspend or terminate the Member's access and account, thereby terminating this Agreement and all obligations of Kizoku™ hereunder.

Kizoku™ may reject your application and/or terminate your membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: where Kizoku™ believes that you are in any way in breach of the Agreement; and where Kizoku™ believes that you are, at any time, conducting any unauthorized commercial activity by and through the Services.

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5. EXPERT SERVICES AND PROGRAMS

Kizoku™ may offer access to experts in their academic or professional fields and a content learning program to Kizoku™ members.

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6. PAYMENT POLICY

Access to some sections of the Kizoku™ website or through certain Kizoku content is free, but we charge for our products and services on a membership subscription fee basis. This Payment Policy applies to users who have purchased a Kizoku™ subscription VIP Member Rewards plan to access Kizoku™ either online or through a mobile application.

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Overview of Subscription Plans and Payments

You agree to pay all fees associated with your Subscription, including any applicable taxes, in accordance with the payment terms provided at the time of purchase.

Payments are processed through third-party payment processors, and you agree to abide by their terms and conditions.

 The pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase. Our subscription plans renew automatically, as described in more detail below. If you have questions regarding your plan after you sign up, please contact us via available form online.

You will only have access to the Subscription Member Program while your subscription is active and subsisting. You may have access to a free trial period of the Subscription Program in accordance with certain promotional offers.

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MEMBERSHIP AND PAYMENT 
Membership to Kizoku Inc is offered on an annual basis, and members are required to pay an annual membership fee to access our content.  The membership fee is subject to change at the discretion of Kizoku Inc, and any changes will be communicated to members in advance.You agree to provide and keep current all payment account and contact information provided for that subscription so that we may continue to deliver and bill you for the subscription without interruption.  If we are unable to charge your selected payment method, you understand and agree that we may seek to update your account information with your issuing bank and card association networks.  Subscriptions purchased through the Services will be governed by the terms of the subscription offer at the time of enrollment, which, unless otherwise noted, will be incorporated by reference into this Agreement.

 

To access certain portions of Kizoku sites, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Sites.

Users agree that they are responsible for all acts or omissions that occur on their account while their password is being used. Kizoku reserves the right to access and disclose in accordance with applicable law any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.

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CANCELATION AND REFUND POLICY 
 

Cancellation Policy for monthly membership plans:

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Refunds: You will only be eligible for a full refund if you cancel your plan before the free trial period expires. Once the free trial period ends, you will no longer be eligible for a refund.


Tailored Plans: Services for tailored plans will only begin after the free trial period has ended. During the free trial, you will have access to features of the basic plan (or a similar free plan), but not the full functionality of the tailored plan you selected.
Free Trial: The duration of the free trial may be changed at any time without prior notice. We reserve the right to offer free trials for limited times or at our sole discretion.
Please Note: By signing up for a plan, you agree to the terms of this cancellation policy.

 

 

Refunds for annual membership fees will be provided only under the following circumstances: 
The member did not access any portion of the online course content.
The member submits a refund request in writing via email within three business days from the date of registration (the date of the email notification sent).
 

Once any portion of the online content has been accessed in any manner, no refunds will be granted.
If the conditions mentioned in section Cancellation and Refund Policy are met, a refund will be issued to the member, less an administrative fee of $700.
By enrolling and accessing our online content, you acknowledge that you have read and agreed to this refund policy.


Termination of Membership
Kizoku Inc reserves the right to terminate a member's access to the website and content for any violation of these terms and conditions, without providing a refund.

 

Renewals

All Kizoku™ subscriptions made online at Kizoku.life and mobile application, except gift purchases, renew automatically using the payment details on file for your account. You agree that we are authorized to use the payment information on file to charge the renewal fee. Membership automatically renews at the end of each subscription period unless you cancel the membership before the renewal date.

 

The date of automatic renewal of your subscription is shown on your Membership page and in the payment confirmation email sent after your initial purchase. You may cancel the automatic renewal feature at any time before the renewal date by following the instructions on your Membership page or by contacting our Customer Service team. We do not offer refunds for renewal payments for monthly subscriptions after the monthly subscription fee has been charged to your account.

 

If you signed up for our services using a promotion discount, fees for your renewal may be higher than your initial rate. Please refer to your Membership page or the confirmation email sent after your initial purchase for details regarding the renewal amount and the date of the next renewal.

You agree to promptly notify Kizoku of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

Price Increases

Our prices may change in the future. We will notify you at the time of any price change, and provide you an opportunity to change or cancel your subscription before applying those changes to your account or changing your payment details in connection with an automatic renewal.

 

Payment Information

By providing payment information to us, you represent that the payment information is accurate, current and in your own name or in the name of an individual who has authorized you to use his or her payment information for your subscription purchase.

 

If you provide someone else’s payment information, you agree that we may make a refund to that person if he or she so requests and if the account is eligible for a refund under our Payment Policy. This may cause interruption to or termination of your Kizoku™ Services.

 

7. DESCRIPTION OF CONTENT. DISCLOSURE ABOUT THIRD-PARTY PROVIDERS.

Kizoku™ may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. Kizoku™ is also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

Subject to the terms and conditions of the Agreement, end - users that possess the requisite technology and register as Members shall have the opportunity to view all or some of the quizzes, tests, challenges and activities (collectively, “Activities”), as well as the media, text, images, graphics, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles and other content made available by and through the Site and/or Services (collectively, and together with the Activities, the “Content”). The Content is compiled, distributed and displayed by Kizoku™, as well as Members, and other third - party content providers (“Third - Party Providers”). Kizoku™ does not control the Content provided by Members and/or Third - Party Providers that is made available by and through the Services and/or Site.

Such Members and/or Third - Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Kizoku™ does not represent or warrant that the Content and other information posted by and through the Services and/or Site is accurate, complete, and up to date or appropriate. You understand and agree that Kizoku™ will not be responsible for, and Kizoku™ undertakes no responsibility to monitor or otherwise police, such Content. You agree that Kizoku™ shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Members and/or Third - Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Kizoku™ Offerings.

If you would like to register a complaint, notify Kizoku™ of a dispute, notify Kizoku™ of any improper use of your Content or other information or notify Kizoku™ of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Services, please feel free to contact us through Kizoku.life Contact form.

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8. NO RELATIONSHIP. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Kizoku.

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9. DESCRIPTION OF INTERACTIVE SERVICES

Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 12 and 13 below, Members may have in the future access to the Interactive Services. The Interactive Services may allow Members to communicate with other Members via comments sections and other interactive areas of the Site, as well as via applications and other features that may be made available by Kizoku™ on third - party social media venues from time to time. In connection with the Interactive Services, each Member shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (“Comments”) posted by and through the Interactive Services. Members are forbidden from posting Links in any Comments, and/or advertising third party products and/or services within the Interactive Services. Kizoku™ reserves the right to prohibit any conduct by Members or remove any Comments from the Interactive Services and/or Site at any time and for any reason, in Kizoku™’s sole discretion. The reasons for removal may include where Kizoku™ believes that the Comments posted by a Member are unsuitable for the Interactive Services and/or Site for any reason including, without limitation:

  • that the Comments violate Sections 12 and/or 13 below; and/or

  • where Kizoku™ believes the Comments, or the applicable Member, is otherwise in violation of the Agreement.

You understand and agree that Kizoku™ shall not be liable to you, any end - users or any third party for any claim in connection with your use of, or inability to use, the Interactive Services.

 

10. MEMBER INTERACTIONS/COMMENTS/ACTIVITY

As part of your use of the Site and Services, you may  send to us Member Content, including but not limited to, photographs, images you have taken, captions and comments, which we, at our discretion, may post on the Site. You hereby grant Kizoku™ an irrevocable, nonexclusive, transferable royalty - free worldwide right (including any moral rights) and license to use the Member Content on the Site and to promote and advertise the Site and Services in any way. In connection with the operation and promotion of the Site and Services, you agree that Kizoku™ has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Member Content, regardless of the medium, technology, or form in which it is used. For example, Kizoku™ may use the Member Content to promote the Site and Services as part of a book, screen option, demonstration or brochure.

 

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Member Content. You are responsible for your own postings and are responsible for the consequences of your postings. You are solely responsible for your interactions with other Site - users including, but not limited to, Members and Third - Party Providers. Because we are not involved in Site - user interactions, in the event that you have a dispute with one or more Site - users, Members and/or Third - Party Providers, you hereby release Kizoku™ including, but not limited to, its officers, directors, members, shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Kizoku™ reserves the right, but has no obligation, to monitor disputes between you and other Site - users, Members and/or Third - Party Providers. The Services contain Comments and Activity Posts (collectively, “Member Content”) that is provided directly by Members. Those Members are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Member Content.

 

Kizoku™ does not represent or warrant that the Member Content posted by and through the Services and/or Site is accurate, complete or appropriate. You may find certain Member Content to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Services and/or Site. You understand and agree that Kizoku™ shall not be liable to you, any end - users or any third party for any claim in connection with any Member Content.

 

Kizoku™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.

 

11. MEMBER CONTENT TERMS OF USE AND RESTRICTIONS

As a Member, you agree to use the Site and/or Services in a manner consistent with any and all applicable laws, rules and regulations. In connection with your use of the Site and/or Services, you agree not to:

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

  • post, distribute or reproduce in any way any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

  • remove any copyright, trademark or other proprietary rights notices contained on the Site;

  • interfere with or disrupt any of the Services, Site and/or the servers or networks connected to same;

  • post, offer for download, e - mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet;

  • “frame” or “mirror” any part of the Site, without our prior written authorization;

  • use metatags, code or other devices containing any reference to Kizoku™, the Services and/or the Site in order to direct any person to any other website for any purpose; and/or

  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services and/or Site or any software used on or for the Services and/or Site.

Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your membership without notice, in the sole discretion of Kizoku™. Kizoku™ reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.

By breaching the provisions of this section, you may commit a criminal offense under applicable laws. Kizoku™ may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Kizoku™ offerings will cease immediately.

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12. REQUIREMENTS AS A MEMBER

As a Member, you are granted a non - exclusive, non - transferable, revocable and limited license to access and use the Kizoku™ Offerings and certain third - party Member Content in accordance with the Agreement. Kizoku™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Kizoku™, you may only use the Kizoku™ Offerings and third - party Member Content for your own personal use. No part of the Kizoku™ Offerings or third - party Member Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile , disassemble, reverse engineer or transfer the Kizoku™ Offerings, third - party Member Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Kizoku™ Offerings and/or third - party Member Content. You may not use the Kizoku™ Offerings and/or third - party Member Content in conjunction with any other third - party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the Kizoku™ Offerings and/or third - party Member Content for any commercial purposes not expressly permitted by Kizoku™. You further agree to indemnify and hold harmless Kizoku™ for your failure to comply with this Section 14. Kizoku™ reserves any rights not explicitly granted in the Agreement. You agree that  Kizoku™, in its sole discretion, may terminate your use of the site and KIZOKU™ offerings, and remove and discard any content within the site, for any reason, including, without limitation, for lack of use or if  KIZOKU™ believes that you have violated or acted inconsistently with spirit of the terms of use and service.

KIZOKU™ MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SITE AND KIZOKU™ OFFERINGS OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SITE AND KIZOKU™ OFFERINGS UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS MAY BE EFFECTED WITHOUT PRIOR NOTICE , AND ACKNOWLEDGE AND AGREE THAT KIZOKU™ MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR MEMBER CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, THE SITE OR KIZOKU™ OFFERINGS. FURTHER, YOU AGREE THAT KIZOKU™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE KIZOKU™ OFFERINGS. THE TERMS AND CONDITIONS WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SITE AND KIZOKU™ OFFERINGS. TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE AND KIZOKU™ OFFERINGS SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO KIZOKU™.

 

13. COPYRIGHT PROPRIETARY RIGHTS

All Third - Party Member Content and other material posted or made available by and through the Kizoku™ site including, but not limited to, the design, selection, arrangement and coordination of such Kizoku™ Offerings, is owned by, or licensed to, Kizoku™ and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Kizoku™ Offerings and/or third - party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Kizoku™’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the Kizoku™ Offerings, third - party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the Kizoku™ Offerings by Kizoku™, any Member or any Third - Party Provider does not constitute a waiver of any right in or to such information and materials. Kizoku™ reserves all rights not expressly granted in the Agreement. The “Kizoku™” name and logo are trademarks of Kizoku™. All custom graphics, icons and service names are trademarks and/or copyrights of Kizoku™. All other trademarks are the property of their respective owners. The use of any Kizoku™ trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without Kizoku™’s express written consent is strictly prohibited.

 

14. BYPASSING OR DISABLING ANY PORTION OF THE KIZOKU™ PRODUCTS, OFFERINGS OR SOFTWARE

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Kizoku™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the Kizoku™ Offerings infrastructure. If you bypass or disable any portion of the Kizoku™ Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Kizoku™ systems, you are in violation of the Agreement and Kizoku™ may suspend or terminate your use of the Kizoku™ Offerings without notice. Termination of your access to the Kizoku™ Offerings will not excuse you from any criminal or other civil liability that may result from your actions.

 

15. INDEMNIFICATION

You agree to indemnify and hold Kizoku™, its parent companies such as and other subsidiaries, and each of their respective members, officers, directors, employees, agents, co - branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third - party due to or arising out of:

  • your use of any of the Kizoku™ Offerings;

  • your breach of the Agreement;

  • your violation of any rights of another individual and/or entity;

  • any dispute between you and any Member, Third - Party Provider or other third - party;

  • The provisions of this Section 17 are for the benefit of Kizoku™, its parent companies, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

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16. DISCLAMER OF WARRANTIES

THE KIZOKU™ WEBSITE, MOBILE APPLICATION, OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER KIZOKU™ PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FOR ANY PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, KIZOKU™ MAKES NO WARRANTY THAT THE KIZOKU™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER KIZOKU™ PRODUCTS AND/OR SERVICES:

 

  • WILL MEET YOUR REQUIREMENTS;

  • WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR - FREE OR THAT DEFECTS WILL BE CORRECTED;

  • WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROGRAMS;

  • WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT;

  • WILL RESULT IN ANY SPECIFIC WELLNESS RESULTS, MENTAL OR PHYSICAL HEALTH,FINANCIAL RESULTS, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND/OR

  • WILL BE ACCURATE OR RELIABLE. THE KIZOKU™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER KIZOKU™ PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

KIZOKU™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KIZOKU™, ANY MEMBERS, THIRD - PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE KIZOKU™ OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

 

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KIZOKU™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KIZOKU™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KIZOKU™ ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR:

 

  • THE USE OR THE INABILITY TO USE THE KIZOKU™ WEBSITE,MOBILE APPLICATION,OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER KIZOKU™ PRODUCTS AND/OR SERVICES;

  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND /OR ANY OTHER KIZOKU™ PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE KIZOKU™ OFFERINGS AND/OR MEMBER CONTENT;

  • THE FAILURE TO REALIZE ANY SPECIFIC WELLNESS RESULTS, MENTAL OR PHYSICAL HEALTH, FINANCIAL RESULTS, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND

  • ANY OTHER MATTER RELATING TO THE KIZOKU™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER KIZOKU™ PRODUCTS AND/OR SERVICES.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE KIZOKU™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF KIZOKU™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE KIZOKU™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER KIZOKU™ PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR KIZOKU™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.

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18. THIRD-PARTY WEBSITES AND APPLICATIONS

The Kizoku™ Offerings contain links to other websites or applications on the Internet that are owned and operated by third parties, including Third - Party Providers. In some instances, these websites and applications may be co - branded and the third parties are entitled to use Kizoku™’s name and logo on their third - party websites. Kizoku™ does not control the information, products or services available on these third - party websites. The inclusion of co - branding and/or links does not imply endorsement by Kizoku™ of the applicable website or any association with the website’s operators. Because Kizoku™ has no control over such websites, applications  and resources, you agree that Kizoku™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Third - Party Providers featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third - Party Provider, advertiser or other third - party, as applicable. You further agree that Kizoku™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

 

19. MEMBER INFORMATION

Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all comments, content, information and/or materials that you submit through or in association with this Site and/or the Kizoku™ Offerings including, without limitation, the Member Content, shall be subject to the Privacy Policy. By submitting such Member Content and/or materials to us, you, subject to the Privacy Policy: represent and warrant that Kizoku™’s use of your submission does not and will not breach any agreement, violate any law or infringe any third - party’s rights and is true and accurate in all respects; agree that Kizoku™ is free to use, in any manner, all or part of such Member Content and/or materials on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; grant Kizoku™ all necessary rights, including a waiver of all copyright, trademark, service marks, privacy, right of publicity and moral rights, to use all Member Content and/or materials, in whole or in part, or as a derivative work, without any duty by Kizoku™ to anyone whatsoever.

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20. DISPUTE RESOLUTION PROVISIONS

The Agreement shall be treated as though it were executed and performed in Delaware, U.S.A. and shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A. (without regard to conflict of law principles).

Should a dispute arise concerning the Kizoku™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in Delaware, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; provided, however, that any claims, disputes, actions or proceedings by Kizoku™ to relating to its intellectual property rights and/or to prevent unfair competition, misappropriation of trade secrets, unauthorized access, fraud, industrial espionage, and or fraud (including compute r fraud) may be brought in the federal courts in Delaware, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

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To the extent permitted by law, you agree that you will not join any arbitral claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Kizoku™ and/or its parent companies and subsidiaries, employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Kizoku™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits:

does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provide d above; and is an independent agreement. You may opt - out of these dispute resolution provisions by providing written notice of your decision within thirty (14) days of the date that you first access the Site.

Kizoku™ makes no claim that the Site or the Kizoku™ Offerings may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to the Site and Content and use of the Kizoku™ Offerings may not be legal by certain persons or in certain countries. If you access the Site and use the Kizoku™ Offerings from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

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21. ARBITRATION NOTICE AND CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH KIZOKU, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KIZOKU.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND KIZOKU™  AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU AND KIZOKU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

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22. NO WAIVER

If Kizoku™  delays exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

23. FORCE MAJEURE

Kizoku™ will not be liable to you for any lack of performance, or the unavailability or failure, of the Offerings/Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

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24. THIRD PARTY RIGHTS

A person who is not party to these Terms will not have any rights under or in connection with these Terms.

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25. CHANGES TO TERMS 

Kizoku Inc reserves the right to modify or update these Terms at any time. We will notify you of significant changes by email or through the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the modified Terms.

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26. TERMINATION

Kizoku reserves the right to suspend or terminate your access to the Platform and Services, with or without notice, if you violate these Terms or engage in conduct that we deem harmful to the Platform or its users.

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25. MISCELLANEOUS

Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. Kizoku™ may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder. These Terms are effective and were last updated September 2023

To contact us directly with any questions or comments that you may have, send an email through Kizoku.life Contact form.

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