Terms of service

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

This website, located at www.kiwalife.com, and all of its subpages (“Website”) is provided by Kiwa Holding Corp. (“Kiwa Life,” “we,” or “our”).

We recommend that you review this document in its entirety before accessing or using the Website.

These Terms of Use (“Agreement”) govern your use of the Website. These Terms of Use form a legally binding agreement between you and Kiwa Life, and you should read them carefully and in their entirety.  These terms, and any subsequent revisions hereto, supersede any other agreements you may have with Kiwa Life regarding the subject matter herein.  If you do not agree to be bound by this Agreement, do not access or use any part of the Website. Your continued use of the Website means that you agree and consent to be governed by this Agreement.

Kiwa Life reserves the right, with or without notice to you, and in its sole discretion to make changes to this Agreement from time to time.  All changes are effective upon posting here.  You are bound by any revisions and, as such, should periodically review this Agreement.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.

Website Ownership, Content and Use

The Website contains materials about Kiwa Life's products and business such as written text, images, button icons, pictures, URLs, and the overall arrangement or “look and feel” of such materials, as well as trademarks, logos, and service marks (collectively the “Content”) that unless otherwise indicated, are owned, controlled, and/or licensed by YumEarth or its respective owners. The Content and the Website are the property of Kiwa Life or certain other third parties and protected by copyright, trademark, trade dress, patent or other intellectual property rights and laws. No rights or title to any of the Content contained on the Website shall be considered licensed, transferred or assigned by implication, estoppel or otherwise, to you or any other user at any time.  Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized manner that would violate, infringe, or dilute any of Kiwa Life's exclusive intellectual property rights in the Content or that disparages or discredits Kiwa Life.  You acknowledge that you shall not construe anything on the Website as granting any license or right to use any trademark, service mark or logo, either explicitly, implicitly or otherwise.  YumEarth reserves all rights not expressly granted or relinquished herein in regards to the Website and its Content.

As a condition of your use of the Website, you warrant to Kiwa Life that you will not use the Website for any purpose that is unauthorized, unlawful, immoral or otherwise prohibited by these terms of use.  Your use of the Website is also conditioned on the veracity of the information you provide.  Any information you provide to this Website, for any purpose, must be correct current and complete. 

You agree you will refrain from using the Website in any manner that could in any way disable, overburden, damage, or impair the Website or otherwise interfere with any other party’s use and enjoyment of the Website.  You further agree that you will not obtain, attempt to obtain, any materials, content or information by any means not expressly made available or provided for through the authorized use of the Website.

Errors on the Website may be corrected when discovered, and we reserve the right to revoke any stated offer to correct any errors or inaccuracies.  Kiwa Life reserves the right to suspend or terminate your access to the Website and all of its resources and content, without any notice to you, at any time and at its sole discretion.

User-Generated Content

By using the Website and posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or other personal information (collectively, “User Generated Content”) on the Website or other Kiwa Life-sponsored forums, blogs, or other communities, you grant Kiwa Life a perpetual, unrestricted, unlimited, irrevocable, non-exclusive, fully sub-licensable, royalty-free, worldwide right and license to use, copy, modify, publically perform, publically display, reproduce, publish, redistribute, re-sell, and transmit any portion of such User Generated Content, including but not limited to, your name, image, likeness, statements, and/or endorsements, as depicted in the User Generated Content, throughout the world in any type of media now known or later devised for commercial, marketing, advertising and public relations purposes, as it relates to Kiwa Life products. You further waive all moral rights in the User Generated Content that you post, upload or submit to the Website. You further represent and warrant that you are the sole author and owner of such content. By posting User Generated Content to the Website, you acknowledge that such content may be publicly viewed and displayed and that you do not have any expectation of privacy regarding such content.  

In addition, you give Kiwa Life the sole and exclusive right to remove, alter, or change the User Generated Content. Your User Generated Content must not contain or reference any third-party brands or trademarks, infringe the copyright or any other rights of any third party, and must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit or be used for commercial gain. 

Kiwa Life reserves the right, but is not obligated, to review and monitor the User –Generated Content on the Website.  YumEarth further reserves the rights to remove or not post anything that Kiwa Life, in its sole discretion, believes to be in violation of these Terms of Use, the law, or otherwise unsuitable.  As set forth above, Kiwa Life may terminate an account or deny access to the Website, in its sole discretion.

If Kiwa Life fails to act with respect to your breach or anyone’s breach of the Agreement, we do not waive our rights to act in respect to any future breaches. 

You acknowledge that we might not use any User Generated Content and have no obligation to use, post, or publish any User Generated Content even if you give us permission to do so.  By submitting such content you agree to allow us to contact you using whatever contact information you have provided to us regarding any request we may have related to your User Generated Content. 

Personal Information

If through your activities on the Website, you create an account requiring a user name and password to log-in, you are responsible for the security of those log-in credentials and any acts or statements made in connection with the use of those credentials.  If you know or have reason to believe that your log-in credentials have been compromised, it is your responsibility to immediately contact us.

All personal information you provide to Kiwa Life is treated in accordance with our Privacy Policy.

Links to Other Websites

This Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Kiwa Life expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites. We shall not be responsible or liable for any loss or damage caused by the use of or reliance on any such material or products available on or through any such website.  We only provide such links to you as a convenience. 

You acknowledge that you bear all risks associated with access to and use of content provided on any third party websites linked through the Website, and agree that Kiwa Life is not responsible for any loss or damage of any sort you may incur from dealing with a third party site.  You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located thereon. 

Indemnification

You agree to defend, indemnify and hold harmless Kiwa Life, its officers, directors, shareholders, employees, agents, representatives, service providers and suppliers from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney’s fees and costs, which result from any violation of this Agreement, a technical issue experienced by you arising out of or in any way connected with your access to or use of the Site and its Content.  By accessing and using the Website, you are and shall be responsible to any material and User Generated Content you submit through the Website and will indemnify Kiwa Life for all claims resulting from such submission(s).  You agree that you are liable of all charges incurred for all orders placed prior to the termination of your account. 

Kiwa Life reserves the right, at its own expense, to assume control of the defense of any matter for which you would be held responsible for indemnifying Kiwa Life.  You agree to cooperate with Kiwa Life in regard to the defense of any such matter.

General Provisions

This Agreement constitutes the entire agreement between you and Kiwa Life and supersedes any prior version of this Agreement. If any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the remaining provisions shall not be effected thereby and shall continue in full force and effect. Kiwa Life reserves the sole and exclusive right to assign any or all of its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them. Except as expressly set forth in this Agreement, no failure or delay by you or Kiwa Life to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy.

These Terms constitute a binding Agreement between you and Kiwa Life.  Upon your use of the Website, including but not limited to creation and use of your account, these Terms are accepted by you.  By using the Website, you represent that you are of legal age in your jurisdiction, are capable of be entering into this Agreement, and agree to be legally bound to these Terms. 

If you are unhappy or dissatisfied with the Website, these Terms and Conditions or the Privacy Policy, your only remedy is to stop using the Website. 

Last Updated: May, 2021.