Welcome to the Kura Website. The website located at www.kuranutrition.com is a copyrighted work belonging to White Cloud Nutrition, Inc., DBA: Kura Nutrition.
These terms and conditions regulate the relationship between the customer and the company. Throughout our website, if you see terms like “we”, “us”, “our”, and “company” those terms refer to us (“Kura”). Kura provides the website as a service to you, our valued customer (the “user”), including all the information and tools, with the condition of your implied acceptance of all the terms, conditions, policies and notices outlined here. Please note that your use of our web site and services constitutes your agreement to follow and be bound by those terms (the “Agreement”). If you do not agree to these terms, please do not use this site. These Terms of Service apply to all users of the site, including users who are browsers, vendors, customers, merchants, and/ or contributors of content. (however, accessed and/or used, whether via personal computers, mobile devices or otherwise).
Any new features or tools that are added to the Kura website or online store will also be subject to the Terms of Service Agreement. We reserve the right to update, change or replace any part of these Terms of Service Agreement by posting updates and/or changes to our website. It will be your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Important Disclaimer and Release. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED IN THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING FOR FOOD ALLERGEN AND CONTACT INFORMATION, NUTRIENT CONTENT, QUALIFIED HEALTH CLAIMS, AND DISCLAIMERS REGARDING FOOD SUPPLEMENT STRUCTURE AND FUNCTION CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT THE SITE DOES NOT PROVIDE MEDICAL ADVICE, INFORMATION OR RECOMMENDATION OF ANY KIND AND WHITE CLOUD NUTRITION EXPRESSLY DISCLAIMS THAT IT IS PROVIDING ANY SUCH ADVICE, INFORMATION OR RECOMMENDATION. STATEMENTS CONTAINED ON THE SITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. WHITE CLOUD NUTRITION’S PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Website Content. Kura will always strive to have 100% accurate, complete and current information on our site. But in the rare chance it is not, we won’t be responsible for those errors. The material on our site is provided for your general information only and shouldn’t be relied upon or used as the sole basis for making your decisions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize in advance for any inconvenience this may cause you.
You understand and accept that all materials, including text, images, illustrations, designs, icons, photographs, video clips and other materials that are part of the website (collectively, the “Contents” are owned by the Company. You are expressly prohibited from using any Content without the express written consent of the Company. (Also see Copyright and Trademarks.)
This site may contain certain historical information. “Historical information” is not the same as “Current information” and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site.
Copyright and Trademarks. All content included on the website, such as text, graphics, logos, button icons, images, audio, data compilations, videos and software, is the property of Kura or its content suppliers and protected by copyright laws. The compilation of all content on the website is the exclusive property of Kura and protected by domestic and international copyright laws. Kura graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, word marks or trade dress of the Company in the United States and all other applicable territories. Kura’s trademarks and trade dress may not be used in connection with any product or service that is not Kura, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kura, or Kura’s products. All other trademarks not owned by Kura that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kura.
Prices. Prices for our products are subject to change without notice and we are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Product Offerings. From time to time, some products may be available exclusively online through Kura’s website. Please note that these products may have limited quantities.
We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction, on a case-by-case basis. We also reserve the right to limit the quantities of any products that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Kura team. We reserve the right to discontinue any product at any time. Finally, any offer for any product made on Kura’s site is void where prohibited.
Order and Billing Accuracy. We might, at our sole discretion, need to limit or cancel quantities purchased per person, per household or per order. These restrictions might include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Kura also reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree you’ll provide current, complete and accurate purchase and account information for all purchases made at our online store, and agree that you’ll promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
User Comments, Reviews, Feedback and Other Submissions. If, at our request, you send certain specific submissions (for example contest entries) or if you send anything without a request from us (like creative ideas, suggestions, proposals, plans, or other materials), whether online, by email, by postal mail, or otherwise you agree that we can, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We won’t be under no obligation keep these materials confidential, nor to pay compensation for these materials. We also aren’t under any obligation to respond to these submissions.
We might, but have no obligation to, monitor, edit or remove content that we determine in our opinion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments won’t violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your comments won’t contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
When submitting materials, you won’t use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and for their accuracy. Kura takes no responsibility and assumes no liability for any comments posted by you or any third-party.
Acceptable Use. In addition to other “no-no’s” as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimers/Limitation of Liability. Although we’ll do everything we can to avoid mistakes or issues, Kura can’t guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We don’t warrant that the results that may be obtained from the use of the service will always be accurate or reliable.
You agree that from time to time we might need to remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case will Kura, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification. You agree to indemnify, defend and hold harmless Kura and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Disputes. These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and also limit the remedies available to you in the event of a dispute. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and White Cloud Nutrition or White Cloud Nutrition’s employees, agents, successors, or assigns, shall be referred to and finally determined by binding and confidential arbitration, except that you or White Cloud Nutrition may take claims to small claims court if the dispute qualifies for hearing by such a court. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
Ii. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by the terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes the Supplementary Procedures for Consumer Related Disputes. Please visit the AAA website at http://www.adr.org.
You and White Cloud Nutrition must abide by these rules: (A) any claims brought by you or White Cloud Nutrition must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (B) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (C) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, White Cloud Nutrition will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (D) White Cloud Nutrition also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (E) the arbitrator shall honor claims of privilege and privacy recognized at law; (F) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (G) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (H) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law. With the exception of (iii)(A) and (B) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either (iii)(A) or (B) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor White Cloud Nutrition shall be entitled to arbitration.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have the authority to award damages in excess of the amount, or other than the types, allowed by Section 10 of the Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by New Hampshire law or United States federal law.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights shall not be subject to this arbitration agreement. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in New Hampshire and you and White Cloud Nutrition consent to the exclusive jurisdiction of the courts the State of New Hampshire. The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New Hampshire, consistent with the Federal Arbitration Act, without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Questions? Please send to us at email@example.com.