Kuya's Terms of Use

THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTIONS 12, 14, & 15 OF THIS DOCUMENT CONTAIN PROVISIONS THAT REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS (RATHER THAN JURY TRIALS OR CLASS ACTIONS) AND LIMIT THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.

Last Modified: June 28, 2021

1. Acceptance of the Terms of Use. These Terms of Use are entered into by and between you, and Kuya Management Services, LLC (“Kuya”, “we” or “us”), on behalf of itself, its affiliates and/or subsidiaries, as well as the medical practice to which it provides management services, Kuya Medical, PLLC. Kuya makes certain content and services available to you on https://kuya.life (the “Website”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of the Website, including any and all content, functionality, and services offered on or through the Website. Please read these Terms carefully before you access or use the Website. At Kuya, we believe in the Transformational Medicine model, which approaches the pursuit of healing holistically, with a focus on supporting your brain, body, mind, community, environment, and relationships. Through the Website, we have provided resources to support your pursuit of healing through the Transformational Medicine model. BY ACCESSING AND USING THE WEBSITE OR CLICKING THE “I AGREE” BUTTON, CHECKBOX, OR OTHER SIMILAR INDICATION DURING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.

2. Changes to These Terms. We reserve the right to change these Terms at any time upon notice. We may give notice by posting the updated Terms on the Website or by any other reasonable means. You can review the most current version of these Terms at any time at kuya.life.The Terms in effect at the time of your use of the Website apply. Updated Terms are binding on you with respect to your use of the Website on or after the date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Website. Your continued use of the Website after the date of the updated Terms will constitute your acceptance of the updated Terms.

3. Accessing the Website. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on or in connection with the Website is correct, current, and complete. You consent to all actions we take with respect to all information you provide to this Website, including but not limited to through the use of any interactive features on the Website (each, a “User Submission”). If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activities that occur under your account. You accept all risks of unauthorized access of your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. Use of Information Provided by You. We can use User Submissions to contact you about our products or services. You acknowledge, represent and agree that any User Submission is submitted voluntarily and is not confidential or proprietary, and that your User Submission does not establish a relationship between you and us. You grant Kuya and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of your User Submissions, except as otherwise prohibited by applicable law or these Terms. You waive any right to compensation of any type for your User Submissions. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that use of User Submissions by us does not violate any law. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law.

5. Privacy Statement. Our Privacy Statement, located at https://www.kuya.life/privacy, describes the details of Kuya’s information practices and procedures for the collection, use and sharing of data (including personal information) in relation to your use of the Website. We strongly urge you to read our Privacy Statement.

6. Intellectual Property Rights. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Kuya, or its affiliates, subsidiaries, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent. The Kuya name, the Kuya logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kuya, or its affiliates, subsidiaries, or licensors. You must not use such marks without the prior written permission of Kuya. Any other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content on this Website by or through your use of the Website.

7. Permitted Uses. You represent and warrant that (1) you are at least 18 years of age; (2) you have full power and authority to agree to these Terms; and (3) you will not access the Website if you have previously been prohibited from doing so or if any laws prohibit you from doing so. We do not intend for the Website to be used by persons or entities in countries or jurisdictions that require us to obtain a registration or license. If you are in such a country or jurisdiction, you are not authorized to and agree that you will not use the Website. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not (a) to use the Website in any way that violates any applicable federal, state, local, or international law or regulation; (b) to use the Website for any unauthorized, fraudulent, or malicious purpose; (c) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Kuya or users of the Website or expose them to liability; (d) to use the Website in any manner that could disable, overburden, damage, or impair the site; (e) to use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (f) to access systems, data or information not intended by us to be made accessible to a user; (g) to obtain or attempt to obtain any materials or information through any means not intentionally made available by us; or (h) to use the Website for any use other than the purpose for which it was intended.

8. Information Posted; Medical Advice; Health Warning. The information presented on or through the Website is made available solely for general information purposes, and does not constitute any type of advice, whether medical or otherwise. The provision of information to users of the Website is not intended as an inducement to influence a person's decision to order or receive any item or service from a particular provider, practitioner or supplier that is reimbursable under Medicare, a state healthcare program or any other healthcare plan. The content of this Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The content relating to medical conditions and their treatment is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professionals. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, YOU SHOULD DIAL “911” (OR YOUR LOCAL MEDICAL EMERGENCY NUMBER) IMMEDIATELY OR SEEK IMMEDIATE CARE FROM THE NEAREST HOSPITAL EMERGENCY ROOM. You should not use the information contained herein for diagnosing a health problem or disease. You should not rely on any information on this Website as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. YOU SHOULD NOT CONSTRUE THIS CONTENT AS ANY WARRANTY OR RECOMMENDATION OF TREATMENT. You should consult your physician or other health care practitioner before starting any exercise, nutrition program, or healthy living program, or if you have any questions about any medical matter. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health care professional because of something you may have read on the Website. The use of any information provided on the service is solely at your own risk.

9. Terms of Sale. The Website may include information about and the ability to purchase educational information, online courses, and other products and services (“Services”).

Purchasing Products and Services Online. If you purchase Services requiring the payment of fees, you agree to pay the applicable fees for the Services as they become due plus all related taxes, and to reimburse us, our payment affiliates or providers, as applicable, for all collection costs and interest for any overdue amounts. Please note that prices and charges for Services are subject to change with notice.

Payment Methods. Kuya may make available alternative payment methods and allow you to make your purchases using any of the payment methods described in this Section (each a “Payment Method”). Please read our policies carefully with respect to Payment Methods before you place your order. As available, you may pay by credit, debit or check, online payment or money transfer. If you elect to pay by credit, debit or check card, you agree to allow Kuya, or our payment affiliates or service providers, to process and store your payment card information. When you provide Kuya, or our payment affiliates or service providers with your card information, Kuya, or our payment affiliates or service providers will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. Once your order has been accepted by the Website, Kuya, or our payment affiliates or service providers will bill your credit card or process a transaction under your debit or check card for the applicable Service in accordance with the billing terms for such Service. If such Payment Methods are available, you represent and warrant that you have the right and are authorized to use the credit, debit or check card you present to purchase Services and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit, debit or check card, or your credit, debit or check card issuer does not pay Kuya, or our payment affiliates or service providers for charges, Kuya reserves the right to immediately suspend or terminate the Services order.

Pricing, Taxes, Pricing Errors. Prices offered on the Website are quoted in U.S. Dollars. Such prices do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.

Payment Disputes. If you dispute any charge for purchases of Services on the Website, you must notify Kuya in writing within thirty (30) days of any such charge. Failure to so notify Kuya shall result in the waiver by you of any claim relating to such disputed charge. Charges shall be calculated solely based on records maintained by Kuya.

10. Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Disclaimer of Warranties. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KUYA NOR ANY PERSON ASSOCIATED WITH KUYA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KUYA NOR ANYONE ASSOCIATED WITH KUYA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, KUYA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

12. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KUYA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE’S INFORMATION, SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE KUYA DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE. IN NO EVENT SHALL KUYA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).

Certain jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.

13. Indemnification. You agree to defend, indemnify, and hold harmless Kuya, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms or your use of the Website, (b) any User Submission made by you, or (c) your violation of any other party’s rights or applicable law.

14. Arbitration and Governing Law. YOU WILL SUBMIT ANY DISPUTES ARISING FROM THE USE OF THESE TERMS OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION IN AUSTIN, TEXAS, UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION, APPLYING TEXAS LAW. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS-ACTION BASIS. FURTHERMORE, UNLESS YOU AND KUYA AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL, UNLESS BOTH YOU AND KUYA AGREE OTHERWISE. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of law’s provisions.

15. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Electronic Notice and Signature. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). We may provide these Communications to you by posting them via the Website, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us through email at hello@kuya.life if you have any questions regarding any Communication. You further consent and agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act while using the Website, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.

17. General. If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Kuya intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Kuya agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Kuya may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use the Website or its content, and any attempt by you to do so is void. Kuya’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Kuya if it is in a written document signed by Kuya. These Terms (including any incorporated terms) constitute the entire agreement between you and Kuya with respect to the Website and its contents. Both you and Kuya warrant to each other that, in entering into these Terms, neither Kuya nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Kuya, or Kuya’s successors and assigns, will have any right to enforce any of these Terms. Neither these Terms nor the Website creates a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.