disclaimers + terms + privacy policy

TERMS OF USE

I.  INTRODUCTION

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (collectively with any amendments, “TERMS AND CONDITIONS” or the “AGREEMENT”) BEFORE PLACING AN ORDER OR USING THIS WEBSITE. THIS WEBSITE IS OWNED AND OPERATED BY [Mighty Kylee LLC] AND ITS AFFILIATES (collectively “MKD”, “US”, “WE” or “OUR”). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.

BY USING THIS WEB SITE OR ANY WEB SITE OF MKD AND/OR PLACING AN ORDER FOR MKD’S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR MKD’S PRODUCTS AND SERVICES.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE MKD’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR ORDER OR USE MKD’S PRODUCTS OR SERVICES.

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other Products or Services of MKD after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order.

Welcome to the website of MKD, which includes without limitation our related sites (collectively, “Sites”). MKD offers personal coaching to individuals and groups, as well as commentary and tips

These Terms and Conditions govern and apply to your (“you” or “your”) access to and use of the Sites and their related domains on which these Terms and Conditions appear, any order you place through any of the Sites, and to all Products (the “, Content (as defined herein) and Services we supply, produce, distribute, or market (collectively, the “Services” or the “Products”).

To the extent of any express inconsistency with any other agreement you may have with MKD for Products, Services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Sites.

II.  USER CONDUCT

You must only use the Sites for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Sites. You may not without our prior written consent:  copy, reproduce, use, or otherwise deal with any content on the Sites; modify, distribute, or re-post any content on the Sites for any purpose; or use the content of the Sites for any commercial exploitation whatsoever.

In using the Sites, you further agree:  (i) not to disrupt or interfere with the security of, or otherwise abuse, the Sites, or any Services, system resources, accounts, servers, or networks connected to or accessible through the Sites or affiliated or linked sites; (ii) not to disrupt or interfere with any other user’s enjoyment of the Sites or affiliated or linked Web sites; (iii) not to upload, post, or otherwise transmit through or on the Sites any viruses or other harmful, disruptive, or destructive files; (iv) not to use, frame, or utilize framing techniques to enclose any MKD trademark, logo, or other proprietary information (including the images found at the Sites, the content of any text, or the layout/design of any page or form contained on a page) without MKD’s express written consent; (v) not to create or use a false identity on the Sites, share your account information, or allow any person besides yourself to use your account to access the Sites; and (vi) not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law.

You also agree not to post any copyrighted material unless the copyright is owned by you or by MKD.  In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Sites. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Sites. We have the right to remove any material or posting you make on the Sites if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

The views and opinions of authors, trainers, experts and any other contributors expressed herein do not necessarily state or reflect the attitudes and opinions of MKD. These views and opinions shall not be attributed to or otherwise endorsed by MKD, and may not be used for advertising or Product endorsement purposes without the express, written consent of MKD.

III.  PRIVACY POLICY

We are the sole owners of the information collected on this Site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.  All of your information will be held on a strictly confidential basis.  We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization. You may opt out of any future contacts from us at any time. We will delete any data we have about you at any time upon request.

We use “cookies” on this Site. A cookie is a piece of data stored on a Site visitor’s hard drive to help us improve your access to our Site and identify repeat visitors to our Site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our Site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Site. Usage of a cookie is in no way linked to any personally identifiable information on our Site.

We take precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline.  Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.  While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

IV.  NO THIRD-PARTY REPRESENTATIONS

MKD is not a representative, agent, or employee of any third-party company or organization, regardless of whether such company or organization has licensed, endorsed or certified MKD.  Any views expressed on the Site are those of MKD alone and shall not be construed in any way as representing the views of any third-party company or organization.

V.  CHANGES TO THE SITES

MKD may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Sites or any Products available through or outside of the Sites, temporarily or permanently, including the availability of any features of the Sites or access to any parts of the Sites, at any time without notice to you, and you agree that MKD shall not be liable therefor.

VI.  LINKED SITES

MKD makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Sites, or sites linking to these Sites. The linked sites are not under the control of MKD, and MKD is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by MKD of the site or any information contained therein. When leaving the Sites, you should be aware that MKD’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

VII.  COPYRIGHTS AND TRADEMARKS

All the Sites’ materials, including, without limitation, “Mighty Kylee” or “MK” logos and/or designs, text, the slogan “Embrace. Evolve. Empower.”, graphics, software, images, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2015 MKD. ALL RIGHTS RESERVED. Unless expressly stated otherwise, MKD or its suppliers or licensors own and retain other proprietary rights in all Products and Content available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MKD or the respective copyright owner. You may not, without the express written permission of MKD or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or Services or Products obtained through the Sites; (b) collect and use of any Product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of MKD or any third party.

Trademarks: Together with other logos and Product names described on this Sites, the following includes a partial list of trademarks or registered trademarks of MKD, in the United States and other countries: []. These and all other MKD trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of MKD or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MKD, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MKD. Other names and brands may be claimed as the property of others.

It is MKD’s policy to respect the copyright and intellectual property rights of others. MKD may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, MKD may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, MKD complies with the Digital Millennium Copyright Act.

You agree to indemnify and hold harmless MKD, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

VIII.  ORDER AND PAYMENT INFORMATION

If you use the Sites or other means to purchase Services, payment must be received by MKD prior to MKD’s acceptance of an order, unless otherwise agreed by MKD. All Services are subject to sales tax which will be applied to your order total. MKD may need to verify information you provide before MKD accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, MKD will refund any payment you made for the Services that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. MKD expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering Services through the Sites or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to MKD is registered to you. MKD shall have the right to bar your access to and use of the Sites or its other Services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to MKD, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing Services on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Sites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

MKD may reject orders where the stated delivery address is outside the United States, the United Kingdom and Canada. If stated, MKD will add applicable shipping and handling fees.  MKD descriptions of, or references to, products not owned by MKD on and outside of the Sites do not imply endorsement of that product, or constitute a warranty, by MKD.  We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.

IX.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITES AND OTHER PRODUCTS AND SERVICES OF MKD IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

YOU ACKNOWLEDGE THAT MKD DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO MKD FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, MKD AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE SITES. NOR DOES MKD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITES, OR ITS CONTENT.

ALTHOUGH MKD STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITES, MKD DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITES IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, MKD DOES NOT WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

MKD DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITES WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, MKD DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.

X.  LIMITATIONS ON LIABILITY

We have no special relationship with or fiduciary duty to you.  You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services.

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MKD OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITES; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITES OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF MKD OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MKD’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO MKD FOR ANY PRODUCTS SUPPLIED BY MKD THROUGH YOUR USE OF THE SITES OR OTHERWISE.

MKD WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.

The terms of this section survive any termination of the Terms and Conditions.

XI.  WE DO NOT PROVIDE MEDICAL, FINANCIAL OR LEGAL ADVICE

The Content that you obtain or receive from MKD, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling and payment purposes only. All medically related information comes from independent healthcare professionals and organizations and is for information purposes only.

THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM MKD, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, THERAPY, DIAGNOSIS, NOR DOES IT PREVENT, CURE, OR TREAT ANY MENTAL DISORDER. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. YOU ARE RESPONSIBLE FOR YOUR OWN PHYSICAL, MENTAL, EMOTIONAL WELLBEING, DECISIONS, CHOICES, AND ACTIONS AND THE RESULTS OF ALL OF THE FOREGOING. YOU AGREE THAT MKD IS NOT LIABLE FOR ANY ACTION OR INACTION, OR FOR ANY DIRECT OR INDIRECT RESULT OF ANY CONTENT, PRODUCTS, OR SERVICES.  IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911.

YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, THE PRACTICE OF PHARMACY, NUTRITIONIST, FITNESS COUNSELING OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, AND NUTRITIONAL TOPICS DISCUSSED ON THE SITES OR THROUGHOUT THE SERVICES AND NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION GIVEN CONTAINED IN THE SITES OR THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

You acknowledge that although some Content may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate medical care from a doctor, dentist or other healthcare specialist, professional or provider. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products, or other information that may appear on the sites or services. If you rely on any of the information provided by the sites or the services, employees, guests, or visitors to the sites you do so solely at your own risk.

THE MATERIALS AVAILABLE ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE OR FINANCIAL ADVICE AND IS NOT TO BE ACTED ON AS SUCH.

We do not recommend or endorse any specific information that may appear through the Services. If you rely on any Content provided through the Services, you do so solely at your own risk.

XII.  TERMINATION

Notwithstanding any of these Terms and Conditions, MKD reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Sites and to block or prevent future access to and use of the Sites. You agree that MKD shall not be liable for any termination of your use of or access to the Sites.

XIII.  THIRD-PARTY RIGHTS

Only you and MKD shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

XIV.  SEVERABILITY

If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.

The terms of this section survive any termination of the Terms and Conditions.

XV.  DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

Any controversy or claim arising out of or relating to the Site, Services, Content or Materials shall be settled by arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be Los Angeles, California. New York law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND MKD AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS.  ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

The terms of this Section shall otherwise survive any termination of the Terms and Conditions.

MKD and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any such controversy.

XVI.  ENTIRE AGREEMENT; OTHER IMPORTANT TERMS

The Terms and Conditions constitute the entire agreement between MKD and you with respect to your use of the Sites, your purchase of Products and Services through the Sites, and as applicable any Products or Services of MKD. Any cause of action you may have with respect to the Sites or MKD’s Products or Services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and MKD, and you do not have any authority to create any obligation or make any representation on MKD’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without MKD’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and MKD and their respective successors and assigns.

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

The terms of this section survive any termination of the Terms and Conditions.

Last updated and effective: December 6, 2015