- General
Any user (the “User”, “you”, “their”) who uses or views https://booking.KaminHealth.com operated by Kamin Health LLC (the “Website”) is subject to the following terms and conditions as may be amended from time to time (the “Terms”). In order to access any of Kamin Health LLC’s services provided through and/or related to the Website (the “Services”), an account must be created (the “Account”) and you must agree to these Terms as well as our Privacy Policy which may be amended from time to time.
These Terms apply to you, all visitors, users and others who access or use the Services. Please read these Terms carefully upon accessing the Website and before using the Services. If you do not agree to these Terms, do not use the Website or the Services.
- Website Content Not Medical Recommendations, Advice, or Instruction
The Website, including any linked webpages, sounds, photos, text, software, and other data or information contained in the Website (the “Website Content”), is provided for general informational purposes only, does not constitute a representation as to the efficacy of the Services and is not intended to provide, or to be a substitute for, professional medical advice. Always seek the advice of a physician or other qualified health care practitioner for any questions you may have about medical issues or other conditions, including the suitability or efficacy of any particular course of treatment. Never disregard any professional medical advice because of anything you read on the Website. If you think you may be experiencing a medical emergency, call your doctor or 911 immediately.
The Website Content may include links to third-party websites or services. Kamin Health LLC has no control over, and assumes no responsibility for, the content, policies, or practices of any third-party websites or services. You further acknowledge and agree that Kamin Health LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
- Eligibility to Access the Website
The Website and the related Services are solely intended for use by:
- residents and/or citizens of the USA; and
- those above the age of majority to receive healthcare services in their respective jurisdiction from which the Website is being accessed by the User.
By accessing, using, or viewing the Website, and/or registering an Account, and/or using the Services, you represent and warrant that: (i) you ordinarily reside in the United States Canada, and (ii) have reached or surpassed the age of majority to consume cannabis in your jurisdiction, (iii) the possession and consumption of cannabis is legal for medical and/or recreational purposes in your jurisdiction.
Minors are not permitted to create an Account or to access or use the Website.
- Acceptance, Registration of Account, and Password
By proceeding to the registration of an Account, you acknowledge that you have thoroughly read, understood, and agree to be legally bound by and comply with these present Terms.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Service.
When registering an Account, you will be asked to provide a username and password, which will identify you and associate you with a specific Account.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You agree that Kamin Health LLC has no liability whatsoever for any loss, liability, or damage arising from your failure to comply with this present section.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- Permitted and Prohibited Use of the Website
The Service and all contents, including but not limited to text, images, graphics or code are the property of Kamin Health LLC and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Website only for your own non-commercial use, or to place an order with Kamin Health LLC.
Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Kamin Health LLC or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Kamin Health LLC makes no representation that the Website and/or the Services are appropriate or available for use in all jurisdictions; accessing the Website from and/or using the Services in jurisdictions where the Website and/or the Services are illegal is prohibited. If you choose to access the Website and/or use the Services from such a location, you do so on your sole initiative, and you are solely responsible for compliance with applicable local laws.
You further agree not to: use the Website in any manner which could damage, disable, overburden or impair this Website; interfere with the security of, or otherwise abuse, this Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or affiliated or linked Websites; disrupt or interfere with any other person’s use and enjoyment of this Website or affiliated or linked websites; upload, post or otherwise transmit on this Website any viruses or other harmful, disruptive or destructive files or computer programs; use any robot or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Website; attempt to obtain unauthorized access to this Website or portions of this Website which are restricted from general access.
- Purchase of Services
If you wish to purchase any product, service, or subscription made available through the Website (a “Purchase“), you may be asked to supply certain information relevant to your Purchase including but not limited to: your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, contemporaneous, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for the purposes of facilitating the completion of any Purchases.
We reserve the right to refuse or cancel your Purchase at any time for any reasons at Kamin Health LLC’s sole discretion, including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Kamin Health LLC shall not be held responsible or liable for any failure for the Purchase to be processed, or any resulting loss or damages to you.
- Returns and Refunds
Kamin Health LLC shall only issue a refund where it can neither complete nor reschedule within a reasonable time, its performance of the Services, or for any other legitimate reason a User may have, the validity and legitimacy of which shall be decided by Kamin Health LLC in it’s sole discretion.
- Availability, Errors, and Inaccuracies
In order to provide exceptional service and accuracy, Kamin Health LLC regularly updates the Website Content, products, and Services on the Website.
We cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on the Website may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Website and in our advertising on other websites.
By using the Website, you acknowledge and agree that Kamin Health LLC and its respective affiliates, shareholders, directors, officers, and employees are not and will not be subject to any liability based on any errors or omissions in the Website Content, whether or not any of such persons knew or should have known of any such errors or omissions in the Website Content or were responsible for or participated in the inclusion or omission of the Website Content.
- Term
The Terms shall become effective and binding upon your acceptance of these present Terms by your viewing and/or use of the Website or the Services, and/or by registering an Account, and will remain in full force and effect unless and until effectively terminated hereunder.
- Termination
Kamin Health LLC may at its sole discretion, terminate, limit, or suspend your access to the Website and/or the Services immediately, without prior notice or liability, for any reason whatsoever.
All the provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service and/or the Website will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Service or contact Kamin Health LLC
- Indemnification
You agree to indemnify, defend, and hold harmless Kamin Health LLC, and its affiliates, officers, directors, employees, agents, independent contractors, and other partners, for any claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Website or the Services, (b) your violation of any of these Terms or your violation of any rights of a third party, (c) your violation of any applicable laws, rules, or regulations, (d) any activity related to your Account, or (e) anything you post on or upload to the Website and/or in connection to the Services. This includes any negligent or illegal conduct by you, any person or entity accessing the Services and/or the Website using your account whether such access is obtained via fraudulent or illegal means.
- Limitation of Liability, Disclaimer, and Non-Waiver of Rights
Kamin Health LLC, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable or responsible in any way for any loss or damage whatsoever, whether – including but not limited to – direct or indirect, incidental, special, consequential or punitive damages, including without limitation, due to your economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from – without limitation – (i) your access to or use of the Services and/or the Website; (ii) your inability to access or use the Services and/or the Website; (iii) any conduct or content of any third-party on or related to the Services and/or the Website; (iv) any content obtained from or through the Services and/or the Website; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Kamin Health LLC makes no guarantees, representations or warranties of any kind as to the Website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Services and/or the Website is at your sole risk. The Services and/or the Website is provided on an “as is” and “as available” basis. The Services and/or the Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Kamin Health LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Services and/or the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services and/or the Website is free of viruses or other harmful components; or d) the results of using the Services and/or the Website will meet your requirements.
If you breach any of these Terms and Kamin Health LLC chooses not to immediately act, or chooses not to act at all, Kamin Health LLC will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Kamin Health LLC does not waive any of its rights. Kamin Health LLC shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
KAMIN HEALTH LLC DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, THE WEBSITE CONTENT, AND/OR ANY COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KAMIN HEALTH LLC AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER AND HOWEVER CAUSED.
YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
- Limitation on Damages
For any and all claim(s) you may have arising from or related to the Website and/or the Services, Kamin Health LLC’s total cumulative liability to you shall be limited to the actual amount you paid for the Services within and for use in the last six (6) months from the date you brought the claim(s) to Kamin Health LLC’s attention, or $75.00, whichever is greater.
- Violation of Terms
Kamin Health LLC may, at its sole discretion, decide to take any action relating reports of, or investigations relating to, any possible violation of these Terms. Kamin Health LLC does not undertake any obligation or liability to you in regard to the performance or non-performance of such activities.
- Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Where Kamin Health LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities or your damages, the scope of such warranties and the extent of Kamin Health LLC’s liabilities will be the minimum permitted in virtue of such applicable laws.
- Proprietary Rights
Copyright: The Website, including all Website Content used or accessible through this Website are: © 2022 Kamin Health LLC or its affiliated/related entities. All rights reserved. The Website, including all Website Content, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Website and to prevent any unauthorized copying of the Website and Website Content.
Trademark: The product and/or the Services’ names, company names and logos of Kamin Health LLC or any affiliate used on this Website may be trademarks, including registered trademarks of Kamin Health LLC or an affiliate. Any such names logos of Kamin Health LLC and its affiliates may not be copied, imitated or used, in whole or in part. Third-party product and company names mentioned on this Website may be the trademarks of their owners.
Kamin Health LLC and its affiliates’ products, services, among other things, may be covered by one or more intellectual property rights, and subject to trade secret and other proprietary rights. Kamin Health LLC and its affiliates reserve all such rights.
This section explicitly excludes User Submissions.
- Content Submitted by You
You agree that you are and shall remain solely responsible for any submissions you make (the “User Submissions”) to the Website and/or in relation to the Services, and you will not submit information that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Website that will violate any right of any third-party.
- Changes to these Terms of Use and the Website
Kamin Health LLC reserves the right, at its sole discretion, to modify or replace these Terms at any time, effective when posted. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Kamin Health LLC retains the right to make any change to the Website or the Services, including to refuse or remove any of the Website Content, whatever the source, at any time without any notice or liability to you.
By continuing to access or use the Website and/or the Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
- Currency
Unless otherwise indicated, all references to currency in these Terms or on the Website, or in relation to the Services, are expressed in Canadian Dollars.
- Confidentiality
As the internet is not a completely secure environment, Kamin Health LLC shall not be liable for any damages you may suffer should you communicate confidential information over the internet or if Kamin Health LLC communicates such information to you at your request.
- Governing Law and Venue
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the State of New York. The courts of the State of New York shall have the exclusive jurisdiction to hear any matter arising in connection with these Terms. Nothing in these Terms will prevent Kamin Health LLC from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
- Survival
The Terms contemplated herein that, by their context are reasonably intended to survive the performance hereof, shall survive the completion of performance, cancellation, or termination of these Terms.
- Severability and Entire Agreement
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
These Terms constitute the entire agreement between Kamin Health LLC and the User regarding your Account, access to and use of the Website and/or our Services through the Website.
