Terms of Use Agreement

Updated: November 1st, 2018

Agreement Between kinplanner and User

This is a binding agreement ("Agreement") between KinPlanner, a new mexico limited liability company (together with its successors and assigns, “KinPlanner”) and you, the user ("You" or "Your"). The www.kinplanner.com web site (the “Web Site”) is owned and operated by KinPlanner. The Web Site, together with any of any of KinPlanner’s related web sites, services, tools, mobile applications or other applications, are collectively referred to herein as the “Services”. The Services are offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using the Services in any manner, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.

Modification of These Terms of Use

KinPlanner RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING OUR SEPARATE PRIVACY POLICY, FROM TIME TO TIME AS WE DEEM APPROPRIATE. SUCH CHANGES, MODIFICATIONS, ADDITIONS OR DELETIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING UNLESS OTHERWISE INDICATED. KinPlanner HAS NO DUTY OR OBLIGATION TO INFORM PRIOR USERS OF THE SERVICES THAT CHANGES HAVE BEEN MADE, REGARDLESS OF THE SCOPE AND IMPORTANCE OF THE CHANGES. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND CONDITIONS. YOUR NON-TERMINATION OR CONTINUED USE OF KinPlanner'S WEB SITE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES. KinPlanner MAY CHANGE, RESTRICT ACCESS TO, SUSPEND, OR DISCONTINUE KinPlanner'S SERVICES, OR ANY PORTION THEREOF, AT ANY TIME.

No Professional Advice

The information and materials available through KinPlanner's Web Site or other Services are for informational and educational purposes only and are not a substitute for the professional judgment of health care professionals in diagnosing and treating patients. The medical, scientific and general information included on KinPlanner's Web Site or other Services may reflect innovations and opinions not universally shared and does not necessarily reflect the view of KinPlanner.

KinPlanner AND KinPlanner'S WEB SITE AND OTHER SERVICESDO NOT GIVE MEDICAL ADVICE, OR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

Privacy Policy

Because your privacy is important to You and to KinPlanner, KinPlanner will operate the Services in accordance with its Privacy Policy, which is incorporated into this Agreement by this reference and which may be viewed by following this link to the Privacy Policy. BY CONSENTING TO THIS TERMS OF USE AGREEMENT FOR THE SERVICES, YOU CONSENT TO THIS AGREEMENT.

Usage of KinPlanner's Services

As a condition of Your use of the Services, You represent and warrant to KinPlanner that You will not use KinPlanner's Web Site or any other Services for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions or notices.

You represent and warrant that You will not use the Services in any manner which could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Services.

The “Members Only” portion (or similar designation) of the Web Site ("Members Only Site") will be accessible only to fully registered members of the Services ("Members"). All Member information provided to KinPlanner and posted on the Services, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete. If KinPlanner at any time discovers any error or omission in the information You provide, KinPlanner may in its sole discretion terminate Your right to access and use of the Members Only Site. You may not permit anyone other than Yourself to use Your KinPlanner Member information to access any portions of the Services which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof.

The Services may contain chat areas, forums, news groups, bulletin board services and other facilities that permit You to communicate with other KinPlanner Members. You agree to use these KinPlanner Web Site only to post, send and receive messages and materials that are appropriate, lawful and in compliance with the terms of this Agreement. Without limiting the generality of the foregoing, You agree that when using the Services in any manner, You will not:

  • Violate any applicable laws or regulations;
  • Send, publish, post, upload, distribute or disseminate any information or otherwise take any action that is deliberately designed to circumvent, reduce or manipulate any fees that may be a payable on or through the Services;
  • Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as KinPlanner's logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
  • Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from the Services;
  • Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
  • Harass, abuse, threaten or otherwise violate any legal rights of others;
  • Attack, ridicule, denounce, impugn an person's character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;
  • Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network;
  • Use the Services for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
  • Use the Services to forward chain letters;
  • Permit anyone other than Yourself to use Your KinPlanner Member information to access any portions of the Services which are restricted to Members only;
  • Transmit in any format, electronic or otherwise, any portions of the Services which are restricted to Members to anyone who is not a Member of KinPlanner; or Violate any of KinPlanner's policies, guidelines or other codes of conduct which are applicable to the Services or in particular to one of KinPlanner's Web Services.
  • Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of KinPlanner;
  • Frame, squeeze back, overlay or employ other techniques to enclose or display the Web Site or other Services, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Web Site or other Services, with any other software or content of a third party;
  • Use any meta tags or any other "hidden text" utilizing the names or trademarks of KinPlanner without its prior written consent;
  • Without limiting the generality of the other restrictions set forth herein, access, monitor or copy any content or information of this Web Site using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose;
  • Or Violate any of KinPlanner policies, guidelines or other codes of conduct.
  • KinPlanner has no obligation to screen or monitor the Services; however, KinPlanner reserves the right to review information or materials posted to the Services, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of the Services. KinPlanner reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from the Services, regardless of whether such material does or does not violate this Agreement or any of KinPlanner's policies, guidelines, or other codes of conduct which are applicable to the Services.

    KinPlanner DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY OF THE SERVICES, AND KinPlanner SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user of the services. KinPlanner DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON THE SERVICES UNLESS IT IS PROVIDED BY AN AUTHORIZED KinPlanner SPOKESPERSON. ANY STATEMENTS MADE ON THE SERVICES REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. THE SERVICES WILL BE MANAGED OR HOSTED BY EITHER EMPLOYEES OR MEMBERS OF KinPlanner, WHO ARE NOT NECESSARILY AUTHORIZED KinPlanner SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING THE SERVICES DO NOT NECESSARILY REFLECT THOSE OF KinPlanner.

    The Services are not intended for use by minors. If you are under 18, you may not use the Services or submit or post any information or material on the Services or otherwise provide such information to KinPlanner, including but not limited to personally identifiable information.

    Security

    The Members Only Site is intended by KinPlanner to require a user identification and password to access and use. Certain KinPlanner Web Services may require additional codes. You are solely responsible for

  • (1) maintaining the strict confidentiality of the user identification, passwords and codes ("Member Information") assigned to You;
  • (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel's failure to maintain the strict confidentiality of Member Information; and
  • (3) promptly informing KinPlanner in writing of any need to deactivate or replace any Member Information due to security concerns.
  • KinPlanner is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify KinPlanner immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to KinPlanner under this section of the Agreement may be accomplished by sending e-mail to webmaster@kinplanner.com or by conventional mail to:

    KinPlanner

    P.O. Box 12942

    Rio Rancho, NM 87124

    Product Information and Warranties

    At KinPlanner we may advertise and offer for sale our products and other third party products. KinPlanner has made a conscientious effort to display and describe any such products and services on the Services accurately so that You may preview their design and use. Furthermore, KinPlanner is constantly improving its information, products and services. Consequently, KinPlanner cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, reliability, availability and services. Products and services not created by KinPlanner are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.

    Copyright and Trademark Ownership, Notices and Infringement

    Copyrights:

    Except as otherwise expressly set forth herein, all content of the Web Site is: Copyright 2015 KinPlanner. All rights reserved. The Services, the content displayed on the Services and all software, data and information used to provide the Services, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to KinPlanner, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. The compilation of the content on KinPlanner's Web Site is the exclusive property of KinPlanner and is protected by the copyright laws of the United States and other countries.

    KinPlanner does not claim ownership of the individual materials or information You may provide to KinPlanner, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to the Services. However, if You provide such materials or information to KinPlanner:

    You are warranting and representing that You own or otherwise control all of the rights to Your materials or information including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the materials or information; and

    You are granting KinPlanner, its affiliated entities and necessary sublicenses a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable license to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with Your materials or information. KinPlanner will not pay You compensation with respect to the use of Your materials or information.

    You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, without the prior written permission of KinPlanner.

    KinPlanner grants You the limited, nontransferable and nonexclusive right and license to access or download content from KinPlanner's Web Site solely for Your personal and non-commercial use and as necessary in connection with the use the Services. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use the Services or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to KinPlanner and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from the Services as authorized hereunder.

    Any rights not expressly granted herein are reserved.

    Trademarks: “KinPlanner” is a trademark of KinPlanner. Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to KinPlanner's names, logos, logotypes, trade dress, designs, or other trademarks.

    Any rights not expressly granted herein are reserved. Repeat Infringer Policy and Copyright Complaints:

    In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law KinPlanner has adopted a policy of terminating, in appropriate circumstances and in KinPlanner’s sole discretion, accounts deemed to be repeat infringers. KinPlanner may also, in its sole discretion, limit access to the Services and/or terminate any account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. If you believe that any user of the Services or any account holder has engaged in repeat infringement of your copyrighted materials on or in connection with the Services, you may provide our designated agent with information about your allegations of repeat infringement.

    If you believe in good-faith that anything on the Web Site infringes any copyright that you own or control, you may file a notification of alleged copyright infringement with our designated agent. To be effective, the notification must be a written communication that includes:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KinPlanner to locate the material;
  • Information reasonably sufficient to permit KinPlanner to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    The alleged infringer may provide our designated agent with a proper counter-notification. To be effective, the counter-notification must be a written communication that includes the following information:

  • The counter-notifying party’s physical or electronic signature;
  • Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
  • A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where KinPlanner is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided KinPlanner with notification or an agent of such a person.
  • We suggest that you consult an attorney before sending us a notification or counter-notification. Notifications and counter-notifications may be sent to our designated agent at the following address: notifications@lucidaffility.com

    If you would prefer to mail your notification or counter-notification to our designated agent, you may use the following address:

    Notifications Department

    KinPlanner

    P.O. Box 12942

    Rio Rancho, NM 87124

    Links to Third Party Web Sites

    The Services may contain links to third party web sites or services. The third party web sites and services are not under the control of KinPlanner, and KinPlanner is not responsible for the contents of any third party web sites or services, and the inclusion of any link is as a convenience and does not imply endorsement by KinPlanner of the sites or any association or relationship with its operators.

    Termination

    KinPlanner reserves the right in its sole discretion to terminate Your access to the Services at any time without notice for any reason whatsoever. Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.

    Compliance With Applicable Laws

    KinPlanner reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

    General Disclaimers, Exclusion of Damages, and Limitation of Liability

    THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. KinPlanner MAY MAKE IMPROVEMENTS OR CHANGES TO THE SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.

    KinPlanner MAKES NO REPRESENTATIONS ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE SERVICES’ SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH THE SERVICES. KinPlanner PROVIDES THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KinPlanner DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.

    YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES IS TO DISCONTINUE USING KinPlanner'S WEB SITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL KinPlanner BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES , THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH THE SERVICES, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KinPlanner HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL KinPlanner BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH THE SERVICES.

    Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.

    Indemnity

    YOU AGREE TO INDEMNIFY KinPlanner FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS, AND THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. KinPlanner WILL NOTIFY YOU OF ANY CLAIM FOR WHICH KinPlanner SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO KinPlanner'S INTERESTS, AS REASONABLY DETERMINED BY KinPlanner AT ITS SOLE DISCRETION.

    Governing Law

    This Agreement is governed by the laws of the State of New Mexico, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Bernalillo County, New Mexico in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

    No Relationship

    You agree that no joint venture, partnership, employment, or agency relationship exists between You and KinPlanner as a result of this Agreement or Your use of the Services.

    Construction

    If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

    Entire Agreement

    Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and KinPlanner with respect to the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and KinPlanner with respect to the Services.

    Notices

    Notices given by KinPlanner to You will be given by a general posting on the Web Site or by an e-mail, if an e-mail address is available. Notices given by KinPlanner to Members may also be given by conventional mail. Notices to KinPlanner must be sent by conventional mail to:

    Webmaster - KinPlanner

    P.O. Box 12942

    Rio Rancho, NM 87124

    Assignment

    KinPlanner may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of KinPlanner.

    Captions and Headings

    Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.

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