Terms of Service

Terms of Service

[updated June 10, 2024]
This is a binding agreement. By accessing or using the Internet site located at www.kerneticswellness.com (the “Site”), any services provided in connection with the Site, applications and software provided online through or in connection with the service, including through a mobile device (collectively, the “Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (the “Agreement” or “Terms of Use”), as they may be amended by Kernetics Wellness Center, LLC (the “Kernetics”) from time to time in its sole and absolute discretion. By using the Service you agree to the Terms of Use, whether or not you are a registered user of our Service. PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. Kernetics may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, do not use or access (or continue to use or access) the Service. You Agree That By Using The Service You Represent That You Are At Least 21 Years Old And That You Are Legally Able To Enter Into This Agreement.
Privacy Policy
Kernetics respects your privacy and permits you to control the treatment of your personal information. A complete statement of Kernetics’s current privacy policy can be found by clicking HERE. Kernetics’s privacy policy is also expressly incorporated into this Agreement by this reference.
Account Information
If and when Kernetics creates an online account system; You must create an account and provide certain information about yourself (become a “User”) in order to use some of the features that are offered through the Service. You can create a User account either by direct registration on the Service, or via a social login from your authorized social networking service account (Facebook or Twitter, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Service, which will then enable you to complete registration on the Service. Your Usership account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may use your account settings to control your User Profile. When you sign up to become a User, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide your email address, as well as choose a user name and password. User accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Usership Accounts. Additionally, you may not impersonate someone else. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Kernetics immediately of any unauthorized use of your account, user name, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account. Kernetics shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Kernetics, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Newsletter
Kernetics uses MailChimp ( https://mailchimp.com) for their newsletter service. By providing Kernetics with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to Service features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by clicking on the “unsubscribe” link at the bottom of the email. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
Product Purchases, Billing and Payment
If Kernetics Wellness Center, offers products for sale on the website, you acknowledge that Kernetics may charge a fee for the use of any Services, provided that Kernetics notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. User agrees to pay for all products ordered through the Service. Fees owed depend on the specific type and quantity of Kernetics products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, Kernetics may immediately cease to provide any and all Products to the User. When ordering a Product from our Service, you must provide accurate and complete information as requested in order for us to process your transaction. It is the User’s responsibility to promptly provide Kernetics with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates can be made once logged in or could be made by contacting us at info@kerneticswellness.com. All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion. User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the User’s purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Kernetics reserves the right to collect such taxes or other fees from you at any time.
Appointments
If you need to cancel or reschedule your appointment, please do so at least 2-Hours prior to the scheduled time. Cancelled appoints are eligible to a full refund minus a $10 service fee if secured, prior to the 2-Hour window. Cancellations within the 2-Hour window of the appointment are non-refundable.
User Content
You grant Kernetics a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Kernetics, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Kernetics may publish or otherwise disclose your name in connection with your User Content in its sole and absolute discretion. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Kernetics has the right but not the obligation to monitor and edit or remove any activity or content in its sole and absolute discretion.
Compliance with Intellectual Property Laws
When accessing the Site or using the Service, you agree to obey by the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify Kernetics against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Copyright Infringement
Kernetics has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Kernetics has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Kernetics or of a third party, or otherwise violated any intellectual property laws or regulations. Kernetics’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Kernetics to delete, edit, or disable the material in question, you must provide Kernetics with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Kernetics to locate the material; (d) information reasonably sufficient to permit Kernetics to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Kernetics’s designated agent at: Web Administration: Kernetics Wellness Center, LLC – 800 W. Eldorado Pkwy., Suite 110, Little Elm, Texas 75068
Restrictions
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Users, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.
Violations
Kernetics reserves the right to terminate your use of the Service and/or the Site in its sole and absolute discretion. To ensure that Kernetics provides a high-quality experience for you and for other users of the Site and the Service, you agree that Kernetics or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Kernetics does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Kernetics reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Kernetics believes that you have violated any of the Terms of Use, furnished by Kernetics with false or misleading information, or interfered with use of the Site or the Service by others.
No Warranties
Unless otherwise specified, Kernetics hereby disclaims all warranties. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Service. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the Service, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Kernetics, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Service is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location; that the Service will be uninterrupted, secure, or error-free; that any defects in the Service will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download. Kernetics does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service and Kernetics will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.
Limited Liability
Kernetics’s liability to you is limited. To the maximum extent permitted by law, in no event shall Kernetics, its Affiliate entities, officers, directors, employers, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Service. To the maximum extent permitted by applicable law, Kernetics assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Content on the Service; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, worms, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall Kernetics, its Affiliate entities, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Kernetics hereunder. This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if Kernetics has been advised of the possibility of such damage.
Affiliated Sites
Kernetics has no control over, and no liability for any third party websites or materials. Kernetics works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Kernetics nor the Site has control over the content and performance of these partner and affiliate sites, Kernetics makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Kernetics assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Kernetics makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Kernetics shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Prohibited Uses
Kernetics imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Kernetics in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Indemnity
You agree to indemnify and hold harmless Kernetics for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by Kernetics), and hold harmless Kernetics, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, any other party’s access and use of the Service with your unique User account credentials (username, password), your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Kernetics will notify you promptly of any such claim, loss, liability, or demand; provided, that Kernetics’s failure to notify you shall in no way eliminate or otherwise modify Kernetics’s rights to indemnification hereunder.
Copyright
All contents of Site or Service are: Copyright © 2024 Kernetics Wellness Center LLC – 800 W. Eldorado Pkwy., Suite 110, Little Elm, Texas 75068. All rights reserved.
Trademarks
All trademarks, service marks, and trade names of Kernetics used on the Site or Service are trademarks or registered trademarks of Kernetics.
Mobile Use
By registering your mobile device or providing us with your mobile phone number, you agree to receive such SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in the body of the SMS message. In the event you elect to opt-out of such SMS-based communications, you may receive an additional message from the Service confirming your election. Kernetics does not warrant that the text messaging service will be uninterrupted or error free. Though you may access the Service via a mobile device, DLR shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of DLR such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Governing Law/arbitration
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and Kernetics arising out of, relating to, or in connection with the Site or Services shall be determined by arbitration in the city of Dallas, Texas before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the city of Dallas, Texas. You hereby accept the exclusive jurisdiction of such court for this purpose. IF YOU ARE A NEW USER OF THE SERVICE, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO info@kerneticswellness.com (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: Kernetics Wellness Center, LLC – 800 W. Eldorado Pkwy., Suite 110, Little Elm, Texas 75068. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER OF THE SERVICE, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address associated with your User account to which the opt-out applies to: info@kerneticswellness.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS SECTION).
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed User in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the site signifies your explicit consent to this waiver.
Severability Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
No License
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Kernetics or by any third party.
Modifications
Kernetics may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time or from time to time. Kernetics shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
Availability and Use Outside of the United States
The Service is controlled, offered and operated from facilities in the United States, and Texas specifically. Kernetics makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in Texas, United States. Notwithstanding the foregoing, Kernetics retains all rights, including all intellectual property rights, to the Service and the content therein, throughout the world.
Notification Procedures
Kernetics may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Kernetics in our sole discretion. Kernetics reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.
Acknowledgement
By using the service or accessing the site, you acknowledge that you have read these terms of use and agree to be bound by them.