Terms of Use / Privacy Policy

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

COPYRIGHT NOTICES

Copyright ©2017  Kwang Wellness Center. All rights reserved. Unless otherwise specified, this service (www.KwangWellness.com) and its content are owned by Kwang Wellness Center and/or third party licensors and are protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The content of this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Kwang Wellness Center except that you may download, display, or print one copy of the materials on any single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Kwang Wellness Center and/or its third party information providers’ copyrights and other proprietary rights. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of Dr. Charles Kwang of Kwang Wellness Center its affiliates or any third party.

TRADEMARKS

All trademarks, logos, service marks and trade names are proprietary to Kwang Wellness Center Certain of the other trademarks used in connection with this Site and service belong to their respective owners.

SUBMISSIONS

You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to Kwang Wellness Center through or in connection with this site, including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, Kwang Wellness Center property. Such disclosure, submission or offer of any submission shall constitute an assignment to Kwang Wellness Center of all rights, title and interests in all copyrights and other rights in the submission. Kwang Wellness Center is, and shall be, under no obligation (i) to maintain any submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any submission; or (iii) to respond to any submission. You represent and warrant that no submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any submission through, in connection with or related to this site, you agree that Kwang Wellness Center has the right (but not the obligation) to copy, publish, distribute or use such submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person.Kwang Wellness Center does not, cannot and does not agree to consider or review every submission, and is not liable or responsible for the content of any material posted on this site by users. You agree not to upload, post, distribute or otherwise publish on this site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any submission you make.

DISCLAIMER OF WARRANTIES

Kwang Wellness Center AND ITS AFFILIATES AND SUPPLIERS INTEND FOR THE INFORMATION CONTAINED IN THIS SITE AND THE SERVICES TO BE ACCURATE AND RELIABLE; HOWEVER, ERRORS SOMETIMES OCCUR. THIS SITE IS PROVIDED AS IS. Kwang Wellness Center ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY THIRD PARTY ENGAGED IN THE PROVISION OF ANY PORTION OF THE SITE, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK. Kwang Wellness Center, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY THIRD PARTY ENGAGED IN THE PROVISION OF ANY PORTION OF THE SITE, ARE NOT LIABLE FOR DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL Kwang Wellness Center ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD PARTY ENGAGED IN THE PROVISION OF ANY PORTION OF THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST DATA, LOST BUSINESS OR BUSINESS INTERRUPTION, IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF Kwang Wellness Center TO YOU FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE FEE PAID BY YOU WITHIN THE SIX-MONTH PERIOD PRIOR TO THE TIME THE CLAIM AROSE.


Kwang WellnessTerms of Use

EFFECTIVE DATE: MARCH 6, 2017

The following terms and conditions (these “Terms of Use”) govern all use of the kwangwellness.com website (the “Website”) and all content, services, features, activities and products available at or through the Website, including but not limited to the website analysis service and conversion service (the “Analysis Service” and the “Engage Service” and, together with all other content, services, features, activities and products available through the Website, the “Services”). The term “you” or “your” includes any of your subsidiaries, affiliates, employees. The Services are owned and operated by Dr. Charles Kwang, D.C., Kwang Wellness, Inc., dba Kwang Wellness (also referred to as “we”, “our” or “us”). Please read these Terms of Use carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO KWANG WELLNESS’S PRIVACY POLICY (COLLECTIVELY, THIS “AGREEMENT”). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.

1. Account Registration and Access

To register for the Services and create an account, you (including any agent designated by you operating on your behalf) must complete the registration process by providing Kwang Wellness with the information prompted by the sign up or contact, ncluding your name, email address, telephone, company name, company website, and password. You agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date.

You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify Kwang Wellness immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services.

Kwang Wellness may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

2. Fees

2.1 SUBSCRIPTION TERMS

Kwang Wellness offers a range of subscription plans to its Services (each, a “Plan”). Each Plan includes a numerical range of user interactions or engagement views (“Events”) that may be recorded by our Services on your registered web page in any given month of the subscription period.

You will select your Plan as part of your registration for the Services, which may begin with a Free Trial (as defined in Section 2.3 (“Free Trial”) herein). Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly) You may choose to be billed for the Plan annually or in less than annual increments (e.g. monthly or bi-annually), but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen/sold.

At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide Kwang Wellness with email notice of your intent not to renew your Plan at least thirty (30) days prior to the end of the then-current subscription period.

To view the specific details of your Plan, including pricing information and the end date of your subscription period, login to your account on the Kwang Wellness Websites and click the sign up or contact us at receptionist.kwc@gmail.com 

2.2 BILLING POLICIES, REFUNDS, OVERAGES, AND UPGRADE AND DOWNGRADE TERMS

  1. The fees for your Plan are billed in advance of each billing cycle.
  2. In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months of the Services.
  3. If you exceed your Plan’s Event limits in any given month, you will be either (a) charged a prorated overage charge for the month based on your current plan’s cost per hundred thousand events, or (b) automatically upgraded to the next level Plan for the remainder of your subscription period. We will always choose the less expensive option to you.
  4. If you upgrade your Plan level, you will immediately be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Plan, as provided at www.kwangwellness.com beginning with your next billing cycle.
  5. If you desire to downgrade your Plan level prior to the end of your subscription period, please provide written notice to  receptionist.kwc@gmail.com The Plan downgrade will take effect the first billing cycle that occurs more than thirty (30) days following your notice to Kwang Wellness, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. Kwang Wellness disclaims liability for any such loss.
  6. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
  7. Any questions involving upgrades or downgrades to your Plan can be directed to receptionist.kwc@gmail.com 

2.3 FREE TRIAL

Subscriptions to the Services may begin with a free trial period during which you can try out the Services for 14 days from the date you register (“Free Trial Period”). There is no limit to the number of Events recorded on a registered website during the Free Trial Period.

While you may not be required to enter your billing information in order to sign up for the Free Trial Period, you may provide such information at any point during the Free Trial Period. If you do so, you will not be charged until the Free Trial Period ends. If you have not provided billing information by the time the Free Trial Period ends, you will lose all access to the Services. There will be a sixty (60) day grace period during which we will continue to record Events on your website. You will have the option of entering billing information and subscribing during this grace period. If you do not do so, your account will be cancelled at the end of the grace period.

You may cancel your Plan at any time during the Free Trial Period by following the steps described in section 2.7 (“Account Cancellation”). Upon cancelling your account, you will immediately lose all access to the Services and any data or information stored within your account (see Section 11 (“Term and Termination”) for additional details).

Kwang Wellness reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.

2.4 CHANGES IN FEES

We may change the fees for the Services at any time or impose additional fees or charges.

Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, as provided for in Section 12 herein, provided that if you upgrade or downgrade to a new Plan, whether at your election or pursuant to Section 2.2(c), you will be charged at the then-current rate for such Plan, as provided at www.kwangwellness.com

2.5 PAYMENT OF FEES

As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.

We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.

2.6 CREDIT CARD PAYMENTS

All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.

You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Kwang wellness if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Kwang Wellness username or password).

You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.

2.7 ACCOUNT CANCELLATION

You may cancel your Plan upon 30 days notice by either calling us and speaking to an authorized account representative or sending an email t0 receptionist.kwc@gmail.com

For clarity, if you cancel your plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period.

If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Services and any data or information stored in your account (see Section 11 (“Term and Termination”) for additional details).

3. Licenses

3.1 LICENSE TO KWANG WELLNESS SOFTWARE

Subject to the terms and conditions of this Agreement, Kwang Wellness hereby grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to (a) include the Kwang Wellness-provided code (together with any fixes, updates and upgrades provided to you, the “KWANG WELLNESS Script”) in the HTML code for web page(s) that are properly registered for the Services and owned or operated by you, solely for the purposes of accessing and providing information to the Services and accessing information available from the Services with respect to such web page(s); and (b) remotely access the Services to view and download your reports stored on the KWANG WELLNESSWebsite, located at http://www.Kwang Wellness.com.

Except as expressly set forth herein, you shall not (x) use, reproduce, modify, or create derivative works of the KWANG WELLNESSScript, or (y) transfer, lease, lend, sublicense, use for timesharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion of the Kwang Wellness Script or the Services.

3.2 LICENSE TO CLIENT DATA

As between you and KWANG WELLNESS you shall retain ownership of any information, data and statistics that KWANG WELLNESS obtains from your website, such as raw data and log files generated by and/or provided to the Services.

You hereby grant to KWANG WELLNESS a royalty-free, non-exclusive, irrevocable, right and license to access your registered web page(s) and to access and log (a) any information concerning users’ actions, entries, or activities on your web page(s), (b) any information sent to you by users’ web browsers concerning users’ web activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), and/or (c) any data or other information you provide to KWANG WELLNESS (collectively “Client Data”) for the purposes of (i) providing you with reports and other functions related to the Services; (ii) analyzing and improving the Services; and/or (iii) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for, among other things, KWANG WELLNESS marketing and promotional purposes. This information will be presented only in aggregate form, and we will not share specific site data that identifies you or your visitors without your permission.

You represent and warrant that you have all rights, licenses, and consents required to license Client Data to KWANG WELLNESS on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.

3.3 LICENSE TO MATERIAL WHICH YOU POST

By posting any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files, forum messages, reviews, comments or other material (“Material”) to the KWANG WELLNESS Blog, you hereby grant KWANG WELLNESS an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display, or create derivative works from all or any portion of the Material. You further represent and warrant that you own all rights to such Material and that this license does not infringe the rights of any third party or violate any applicable law or regulation.

4. Privacy

KWANG WELLNESS’ Privacy Policy is incorporated into this Agreement by this reference and is available at Kwang Wellness.com link in footer. As used in this section, “Personally Identifiable Information” refers to information that can be used to personally identify a unique individual, such as name, address and phone number.

4.1 YOUR OBLIGATIONS WITH RESPECT TO COOKIES USED BY THE Kwang Wellness SCRIPT ON VISITORS TO YOUR WEBSITE

The KWANG WELLNESS Script may store cookies on computers used by those who visit your website (“Visitor(s)”). These cookies contain values that allow KWANG WELLNESS to detect if the Visitor is a returning Visitor or a first-time Visitor to your web page(s), when the Visitor last visited the web page(s), and, if you are conducting A/B testing, what test group the Visitor is in. Unless you direct us to do so, such as by associating an identity with the Visitor, no Personally Identifiable Information relating to the Visitor is stored within these cookies.

By using the KWANG WELLNESS Script implementing the use of such cookies, you represent and warrant that: (a) you will comply with all applicable laws relating to the placement of such cookies on Visitors’ computers, including Directive 2009/136/EC of the European Parliament (“the Cookie Directive”) where it applies; (b) you have posted (or you will post) a privacy policy on each website on which you use the Services, which clearly and conspicuously discloses the use of such cookies and (c) you have obtained all required consents and authorizations from your website Visitors relating to the use of such cookies.

4.2 YOUR OBLIGATIONS WITH RESPECT TO VISITOR INFORMATION

The Services allow you to link anonymous data regarding your Visitors’ activities and actions on your web page(s) with Personally Identifiable Information that you have collected regarding the Visitor. You shall be solely responsible for the consequences of using, disclosing, or transmitting such Visitor data, including Personally Identifiable Information.

You represent and warrant that:

  1. you will comply with all applicable laws, including those followed regarding the transfer of Personally Identifiable Information from the European Economic Area and/or Switzerland to the United States under the U.S. – EU and U.S. – Swiss Safe Harbors, respectively, relating to the collection, use and disclosure of Visitor data, including Personally Identifiable Information, to Kwang Wellness;
  2. you will provide all required notifications and obtain all required consents and authorizations from your website Visitors to permit KWANG WELLNESS to collect, obtain and/or use Visitor data, including Personally Identifiable Information, relating to Visitor use of your website, for the purposes of providing the Services;
  3. you will not use the Services to collect or analyze sensitive Personally Identifiable Information (e.g. personal health information, political opinions, religious or philosophical beliefs);
  4. you have posted (or you will post) a privacy policy on each website on which you use the Services, which contains a link to Kwang Wellness and clearly and conspicuously states that:
    1. you use third-party service providers to provide certain analytics and user interactions services to you in connection with your operation of such website, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors to such website;
    2. Visitors may opt-out of this analytics and user interactions service by using Kwang Wellness Opt Out features you may disclose Visitor data, including Personally Identifiable Information, to certain such third-party services providers in order to obtain such services.

4.3 SECURITY

Your KWANG WELLNESS account is protected by a username and password, and should be accessed only by you or authorized third parties. You should take steps to protect against unauthorized access to or use of your username and password. You should also remember to log off when using any shared computer or device.

KWANG WELLNESS has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, high security public/private keys, encryption on processed data, and SSL encryption to protect transmission of data.

However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Client Data, information you provide to KWANG WELLNESS, information we compile on your behalf, and/or information that we collect about you. KWANG WELLNESS cannot guarantee the security of such information and is not responsible for unauthorized access to your account or Client Data.

4.4 KWANG WELLNESS LIMITS ACCESS TO YOUR INFORMATION

KWANG WELLNESS will not knowingly permit access to, or otherwise divulge to a third party, the statistical information we compile for you except for the express purpose of generating reports which have been requested, authorized or approved by you, or unless acting under a good faith belief that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect and defend the rights or property of KWANG WELLNESS (c) enforce our agreements with clients and/or visitors to our Website; (d) troubleshoot problems with the Services; or (e) create aggregate reports as set forth below.

4.5 AGGREGATE REPORTS

KWANG WELLNESS reserves the right to aggregate certain categories of Client Data (such as internet browser usage and screen resolution) across some or all of the websites using the Services for the purposes set forth in Section 3.2 (“License to Client Data”).

4.6 SERVICES NOT AVAILABLE FOR WEBSITES DIRECTED TO CHILDREN

You may not use the Services in connection with (a) any website or portion of a website labeled or described as a “Kid’s” or “Children’s” website; (b) any website or portion of a website directed at individuals under the age of 18; or (c) any website or portion of a website that you have reason to know is used primarily by individuals under the age of 18

5. Proprietary Rights; Restrictions on Use

5.1 CONTENT ON THE WEBSITE

Any opinions expressed by the contributors, authors and moderators who post content to the Website are the personal opinions of the authors, not of KWANG WELLNESS, whether or not the authors are employees or contractors of Kwang Wellness. The Website and all materials published and/or distributed on or through the Website (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) are provided for informational and entertainment purposes only and are not meant to be an endorsement or representation by KWANG WELLNESS or any other party.

5.2 Kwang Wellness’ EXCLUSIVE RIGHT TO MANAGE MATERIAL

You acknowledge that any Material you post, upload, or submit to the KWANG WELLNESS Blog may be edited, removed, deleted, modified, published, transmitted, and displayed by KWANG WELLNESS in its sole discretion and without your permission and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any Material from the Kwang Wellness Blog at any time, for any reason or for no reason at all. However, KWANG WELLNESS shall not be responsible for controlling or editing any Material and Kwang Wellness cannot ensure removal of inappropriate or unlawful Material. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Material or for any failure to do so.

5.3 Reservations

Except for the limited licenses expressly granted herein, KWANG WELLNESS expressly reserves all right, title and interest in and to the KWANG WELLNESS Script, content on the KWANG WELLNESS Website, aggregate data and general trend reports described in sections 3.2(c)(iii) and 4.5, and all processing, analytics, and other software and technology used by KWANG WELLNESS in the analysis of your website and/or the provision of the Services (“KWANG WELLNESSTechnology and Service”), including, without limitation, any derivatives, improvements, enhancements or extensions of the KWANG WELLNESS Technology and Service conceived, reduced to practice or otherwise developed on or on behalf of KWANG WELLNESS all of which are valuable assets of KWANG WELLNESS, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.

5.4 Restrictions on Use and Compliance

You shall not

  1. use, or allow the use of, the Kwang Wellness Technology and Service, except pursuant to the limited rights expressly granted in this Agreement;
  2. use the Kwang Wellness Technology and Service in any manner that is inconsistent with user documentation, if any, supplied to you by Kwang Wellness or inconsistent with Kwang Wellness’ standard security procedures, if any, accessible through your user interface;
  3. attempt to reverse engineer, hack into, or compromise any aspect of the Kwang Wellness Technology and Service, or attempt to access data or account information of any other customer of Kwang Wellness;
  4. remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by Kwang Wellness;
  5. use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the Kwang Wellness Technology and Service;
  6. use the Kwang Wellness Technology and Services for academic research or research unrelated to your Visitors or the web page(s) registered for use with the Services, or for contemplated litigation, scholarship, or any other unintended purpose;
  7. post or transmit any libelous, defamatory, indecent, obscene, abusive or pornographic message, data, image or program;
  8. post or transmit any message, data, image or program that would violate any property rights of others using the Services or on the Kwang Wellness Blog;
  9. upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; or
  10. use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others.

You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

6. Indemnification

You agree to indemnify, hold harmless and (only if requested by Kwang Wellness) defend Kwang Wellness, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against Kwang Wellness or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Kwang Wellness or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) your breach of any term or condition of this Agreement, (b) your use of the Services, (c) your unauthorized use of the Kwang Wellness Script, and (d) your disclosure of any Visitor data, including any Personally Identifiable Information, to Kwang Wellness. In such instances, Kwang Wellness will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to Kwang Wellness within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. Kwang Wellness reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

7. Representations and Warranties

You represent and warrant to Kwang Wellness that you (a) own all right, title and interest in and to the URLs of your website; (b) own or have obtained all rights necessary to publish all of the content published on or through your website and the user interface of your website; and (c) have obtained all necessary consent(s) from Visitors required to enable the Services.

Kwang Wellness does not represent or warrant that (w) the Services will be error-free or accessible at particular times, (x) defects will be corrected, (y) the Services, or the server(s) that makes it available, are free of viruses or other harmful components, or (z) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable.

You specifically agree that Kwang Wellness shall not be responsible for unauthorized access to or alteration of your data.

8. Disclaimers and Limitations on Liability

8.1 GENERAL DISCLAIMERS

The information, reports and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Kwang Wellness and/or its respective vendors may make improvements and/or changes in the Services at any time, without obligation to notify any person or entity of such changes.

The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk and Kwang Wellness is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites that you access from the Services. The Third Party Websites are not under the control of Kwang Wellness and as such, Kwang Wellness is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. Kwang Wellness provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

8.2 DISCLAIMERS OF WARRANTIES

THE SERVICES, THE Kwang Wellness TECHNOLOGY AND SERVICE, THE Kwang Wellness SCRIPT AND ANY REPORTS DERIVED THEREFROM ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Kwang Wellness EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, THE Kwang Wellness SCRIPT, THE REPORTS, OR ANY DOCUMENTATION, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Kwang Wellness DOES NOT WARRANT THAT THE SERVICES, THE Kwang Wellness SCRIPT OR ANY REPORTS DERIVED THEREFROM WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

8.3 LIMITATIONS ON LIABILITY

Kwang Wellness AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Kwang Wellness HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL

Kwang Wellness’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO Kwang Wellness FOR USE OF THE SERVICES DURING THE SIX MONTHS PRECEDING THE MOST RECENT EVENT GIVING RISE TO SUCH LIABILITY.

9. SERVICE FAILURES

Kwang Wellness does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (a) caused by failures of or previously scheduled maintenance to Kwang Wellness’ equipment or servers, (b) caused by outages to any public Internet backbones, networks or servers; (c) caused by any failures of your equipment, systems or local access services; or (d) relating to events beyond Kwang Wellness’ control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Kwang Wellness or your servers are located or co-located.

10. U.S. Government Rights

If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (“DOD”) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government’s rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.

11. Term and Termination

11.1 GENERAL

Kwang Wellness may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason.

11.2 TERMINATION OF THE SERVICES

To terminate your use of the Services, please follow the steps described in Section 2.7 (“Account Cancellation”).

Upon any termination of the Services (a) Kwang Wellness will cease providing the Services; (b) you will delete all copies of the Kwang Wellness Script from your web page(s); (c) any outstanding balance payable by you to Kwang Wellness will become immediately due and payable and any collection expenses incurred will be included in the amount owed; (d) you will not be entitled to any refunds of any usage fees or any other fees; and (e) all of your historical report data will no longer be available to you through Kwang Wellness.

In addition, upon expiration of any session with respect to a web page, you shall delete all copies of the Kwang Wellness Script from such web page. You understand and acknowledge that, unless and until the Kwang Wellness Script is deleted from a web page, the Kwang Wellness Script may continue to track information on such web page on an automated basis.

12. Modifications to this Agreements and Other Policies

Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (a) by obtaining our written consent in an agreement signed by an officer of Kwang Wellness; or (b) as set forth below in the immediately following paragraph.

You agree that Kwang Wellness may modify the terms of this Agreement or any policy governing the Services from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to the Agreement by (x) posting a notice on the Kwang Wellness Website for 30 days following any revisions or modifications to this Agreement, (y) posting a notice on the Kwang Wellness Website the first time that you visit the Website following such revisions or modifications or, (z) providing direct notice of such changes in a communication to your customer account. By continuing to use the Services following receipt of such notice, you consent to the revised or modified terms of this Agreement.

13. Miscellaneous; Arbitration, Choice of Law, and Venue

13.1 EXCUSE

Kwang Wellness shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.

13.2 SEVERABILITY AND WAIVER

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

13.3 ENTIRE AGREEMENT

This Agreement (including any amendment thereto), together with the Privacy Policy, represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties.

13.4 AGREEMENT TO ARBITRATE

Certain portions of this Section 13.4 are deemed to be a “written agreement for arbitration” pursuant to the Federal Arbitration Act. You and Kwang Wellness agree that we intend that this Section 13.4 satisfies the “writing” requirement of the Federal Arbitration Act.

If any controversy, allegation, or claim arises out of or relates to the Services, the Website, your Plan, or this Agreement, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Dispute”), then either you or Kwang Wellness may elect to submit the Dispute to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in Los Angeles, California; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, Kwang Wellness shall have the right to elect to proceed to arbitration in such location. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and Kwang Wellness will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Kwang Wellness to pay a greater portion or all of such fees and costs in order for this Section 13.4 to be enforceable, then Kwang Wellness will have the right to elect to pay the fees and costs and proceed to arbitration.

In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (a) THERE IS NO JUDGE OR JURY, (b) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (c) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A REPRESENTATIVE OR CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

13.5 INJUNCTIVE RELIEF

The foregoing provisions of this Section 13.4 will not apply to any (a) legal action taken by you or Kwang Wellness to seek an injunction or other equitable relief or (b) controversy, allegation or claim that arises out of relates to your or Kwang Wellness’ actual or alleged intellectual property rights.

13.6 CHOICE OF LAW AND FORUM

This Agreement shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. Except to the extent that arbitration is elected in accordance with Section 13.4 above, any action or proceeding relating to a Dispute may only be instituted in state or federal court in Los Angeles County, California. Accordingly, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Los Angeles County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Kwang Wellness Script and Kwang Wellness Technology and Service are controlled by U.S. Export Regulations, and may not be exported to or used by embargoed countries or individuals.

13.7 NOTICES

Kwang Wellness may deliver notice to you under this Agreement by (a) means of electronic mail, (b) posting a notice on the Kwang Wellness Website, (c) a communication to your Kwang Wellness account, or by (d) written communication delivered by first class U.S. mail to your address on record.

Unless otherwise specified, any notices to Kwang Wellness must be sent to:

Kwang Wellness
Address: 3755 North Beverly Blvd
Suite 300,
Los Angeles, CA 90004

Phone: (323) 953-4881

receptionist.kwc@gmail.com

via email or first class, air mail, or overnight courier, and are deemed given upon receipt.

13.8 TRANSFER OR RIGHTS

You may not assign or otherwise transfer any of your rights hereunder without Kwang Wellness’ prior written consent, and any such attempt is void. The relationship between Kwang Wellness and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

13.9 HEADINGS

The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.

14. Special Admonitions for International Use

Recognizing the global nature of the Internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you operate or reside and to comply with any other local laws affecting the Services.

Effective Date of this Terms of Use:

This Terms of Use is effective the Effective Date set forth at the top of this document.

Consumers may be interested in the following opt-out pages of other analytics providers:

If you have any questions or comments about this policy, our services, or your experience with Kwang Wellness, please contact us at receptionist.kwc@gmail.com

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PRIVACY POLICY

Privacy Policy

Your use of this website is subject to the following privacy policy.

Index

  1. Notice
  2. Personally Identifiable Information That We Collect
  3. E-mail Newsletter Subscriptions
  4. Customer Service
  5. Cookies and Related Technology
  6. Special Notice Regarding Children Under 13
  7. Our Commitment to Data Security
  8. Hyperlinks To and From Other Sites
  9. Consent to Processing in the United States
  • Contact Us Regarding Privacy
  • Notification of Changes
  1. Notice

The Website refers to the website at https://www.kwangwellness.com, and related domains. This Website is owned or operated by Kwang Wellness Center, Inc. (collectively, “COMPANY”). This privacy policy (“Privacy Policy”) applies to information that you provide to COMPANY via this Website, and/or by use of other services (collectively, the “Services”) that may be provided by other means or media, including as set forth below and as defined in the applicable Terms and Conditions or other terms. This Privacy Policy is intended to provide you notice of COMPANY’s information management practices. Your use of any COMPANY Service or Website constitutes acceptance of this Privacy Policy.

  1. Personally Identifiable Information That We Collect

The COMPANY will do what it can to protect your information.

*We do not share your information, name, email, phone nor any information you give us via our opt-in forms, quizzes, cookies, etc. You will ONLY get communication from myself (Dr. Kwang) and rest assured that it will NOT be shared or given away. I value you, your personal information and want to keep our relationship pure.

  1. E-mail Newsletter Subscriptions To subscribe to our e-mail newsletters, you will need to opt in.
  2. Customer Service

Some Services may offer support and technical assistance through customer service centers via telephone, or e-mail.

  1. Cookies and Related Technology

This Website’s pages or e-mail messages may contain cookies. Cookies are information files that this Website may place on your computer to provide extended functionality. The COMPANY may use cookies for a number of purposes, such as tracking usage patterns on the Website, measuring the effectiveness of advertising. Most browsers are initially set up to accept cookies. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions, “Help” screen, or similar such resource to learn more about how to manage cookies and possibly reset your browser to refuse all cookies or to indicate when a cookie is being sent by indicating this in the preferences, options, or similar such menu in your browser.

  1. Special Notice Regarding Children Under Age

COMPANY recognizes the sensitivity of personally identifiable information concerning children under the age of 18 and therefore provides this special notice. COMPANY is committed to complying with all applicable laws and regulations regarding children, including the Children’s Online Privacy Protection Act (“COPPA”).

  1. Our Commitment to Data Security

While COMPANY takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Websites, Services, and customer databases, no website, Internet transmission, computer system, or wireless connection is completely secure.

  1. Hyperlinks To and From Other Sites

COMPANY sites may frame, and/or contain links to, or advertisements about, non-COMPANY Web sites. and disclaims all liability associated with your use of, and the content on, such other sites and advertisements.

  1. Consent to Processing in the United States

By providing any personally identifiable information to COMPANY, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection, storage, and processing of such information in the United States of America.

  • Contact Us Regarding Privacy

COMPANY is dedicated to protecting your personally identifiable information and welcomes comments and questions on this Privacy Policy. You may e-mail your questions:  receptionist.kwc@gmail.com Notification of Changes

COMPANY reserves the right to change this Privacy Policy and its Terms and Conditions at any time.


Your privacy on the Internet is of the utmost importance to us. Because we gather certain types of information about the users of the Kwang Wellness Center website, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement (this “Statement”) discloses the privacy practices for the Kwang Wellness Center website – www.KwangWellness.com (the “Website”) – what information we gather, how we use it and how to correct or change it. This Statement only addresses our activities from our servers. Other sites (including those to which the Website links and third party sites or services with which the Website showcases) may have their own privacy policies and practices, which we do not control.

INFORMATION COLLECTED

In general, you can visit www.KwangWellness.com at any time without telling us who you are or revealing any information about yourself. However, we do log the IP address, type of operating system and browser software used by each visitor, and from this information we can derive the identity of the visitor’s geographic location and Internet Service Provider. We use this data in aggregate form to build a higher quality, more useful site by analyzing the collective characteristics of our users and measuring usage of each area of our site. Please note, at some point we may ask you to provide certain information (e.g. email address) when you register for features with the site. We use this address as a means to get in touch with the user about updates to the site. Unsubscribe instructions are included in each E-mail. We do not use personal identifying information for any reason that is not disclosed either in this Statement or at the time the information is requested.

CHILDREN’S PRIVACY

In accordance with the Children’s Online Privacy Protection Act, we never knowingly request personal information from children under the age of 13 without prior verifiable parental consent. We also encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. Children of any age should always ask a parent for permission before sending personal information to anyone online. If in the future, the Website collects personally identifiable information from children, it will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (is U.S.C. 6501 et seq.)

“COOKIES”

The Website does NOT utilize “cookies” technology to track activities on the site.

DISCLOSURE TO THIRD PARTIES

We do NOT sell, trade, or otherwise transfer any personal identifying information to outside parties.

THIRD PARTY LINKS

From time to time www.KwangWellness.com may contain links to other Internet sites. We encourage all of our partners, contributors, and third parties to implement policies and practices that respect the privacy of our users. However, Kwang Wellness Center is not responsible for the privacy practices or the content of such web sites. Please note that we do review our Privacy Statement from time to time, and that it is subject to change without notice. We ask that our users periodically review this page to ensure familiarity with the most current version of our Privacy Statement.

 

 

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