Terms of Service
Last Updated: January 2025
Introduction
This Terms of Service Agreement (the “Agreement”) is between You, the user, and Kali Wellness, LLC (“Kali Wellness”, “Our” or “We” interchangeably).
1. DESCRIPTION OF SERVICES: The Kali Wellness brand includes a website, social media platforms, mobile applications, and other distribution platforms (the “Sites”).
These Terms are applicable to all users of Kali Wellness through its website and its related domains, and sub-domains (individually and collectively the “Website”). These Terms govern your use of the Kali Wellness Sites, including all functionalities, features, audio, visual, written media, and user interfaces, and all content associated with, and as provided by Kali Wellness (the “Services”).
Kali Wellness reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.
2. ACCEPTANCE OF TERMS: The Services are made available for a limited, personal, non-exclusive, non-commercial use only. The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices.
Kali Wellness has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to you. Any changes shall be effective immediately; You may see the most recent changes and version of this Agreement as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by you of the Sites and Services following the changes shall constitute your acceptance of such change.
3. REGISTRATION INFORMATION: The Sites are not directed at children under eighteen years of age. By providing information about yourself You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current, and complete.
If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kali Wellness reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
4. USER INFORMATION: You are solely responsible for the information you input or upload to the Sites and Services and represent and warrant that you have the right and authorization to register for the Sites and Services. Kali Wellness reserves the right in its sole discretion to decide whether the information you input, or upload is appropriate and complies with the terms of this Agreement, other Kali Wellness policies, and applicable laws and regulations.
If you register for the Sites and Services, you will be asked to provide certain information including a valid email address and phone number. You warrant and represent that all such information is current and accurate and will be kept up to date.
5. MOBILE SERVICES
MOBILE SERVICES: The Services include certain functions that are available via a mobile device, including (i) the ability to share content to the Services via a mobile device, (ii) the ability to browse the Services and from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent You access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
SMS MESSAGING: By providing your mobile phone number, You consent to receive text messages from Kali Wellness, its affiliates, and its franchise partners, regarding the Services such as appointment reminds, order alerts, and account notifications. Upon signing up, You will receive welcome information and other marketing related information related to Kali Wellness services; You may also receive periodic SMS messages from us notifying you of new Services or other related Kali Wellness information. You will receive all of these even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies and message and data rates apply.
SMS consent will not be shared, sold, or disclosed to any third party or disclosed under any circumstances for any marketing purposes.
You may choose to opt out of receiving SMS messages from Kali Wellness by replying ‘STOP’ to any message sent from us. If You choose to do so, You may not receive technical support requests, account updates and notifications, product updates, security updates or updates to the Terms of Services of Kali Wellness as well as updates to Privacy Policy of Kali Wellness. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out.
For assistance You may: (1) reply HELP to any text message You receive from Us, (2) visit our website www.kaliwellness.com, or (3) email us at Hello@KaliWellness.com with the subject line ‘STOP text messages’ and provide us the telephone number which You wish to remove from SMS.
We do not charge for the service; however, You are responsible for all charges and fees associated with text messaging and SMS imposed by your wireless provider. Message and data rates may apply.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions.
You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Kali Wellness. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, lab notifications, and billing notifications. Message frequency varies. Message and data rates may apply. See privacy policy at https://www.kaliwellness.com/privacy-policy. Message HELP for help. Reply STOP to any message to opt out.
For additional information regarding how We use personal information, visit our Privacy Policy https://www.kaliwellness.com/privacy-policy or Terms of Service https://www.kaliwellness.com/terms-of-service
6. PERSONAL RESPONSIBILITY, DISCLAIMERS, RELEASE OF CLAIMS:
6.1 PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the Services. You accept full responsibility for your choices, actions, and results before, during and after the Services, and You knowingly assume all the risks of the Services related to your use, misuse, or non-use of the Services or any of the related materials. You understand and agree that you are solely responsible for your results.
6.2 RELEASE OF LIABILITY, INDEMNIFICATION: You agree that Kali Wellness will not be held responsible in any way for the information that You request or receive through the Services, nor will Kali Wellness be responsible for how you use and apply the information that You request or receive through the Services. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release Kali Wellness, in its individual capacity and legal capacity, and each of Kali Wellness companies’ principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against Kali Wellness in the future that may arise from your participation in the Services, including all services and products to the extent permitted by applicable law.
6.3 LIMITATION OF LIABILITY, INDEMNIFICATION, RELEASE OF CLAIMS: The information, software, products, and Services included in or available through the Sites may include inaccuracies. Changes are periodically added to the information herein. Kali Wellness may make improvements and/or changes in the sites at any time. Accordingly, Kali Wellness makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services, and related graphics contained on the Sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, product, Services, and related graphics are provided ‘as is’ without warranty or condition of any kind. Kali Wellness disclaims all warranties and conditions regarding this information, software, products, Services, and related graphics, including all implied warranties or conditions of merchantability, of Kali Wellness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, Kali Wellness is not liable for any direct, indirect, punitive, incidental, special, 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 Sites, with the delay or inability to use the Sites or Services, the provision of or failure to provide the Services, or for any information, software, products, Services, and related graphics obtained through the sites, or otherwise arising out of use of the Sites, whether based on contact, tort, negligence, strict liability, or otherwise, even if Kali Wellness has been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with any portion of the Sites or with any of these Terms of Use, your sole and exclusive remedy is to immediately cease use of the Sites.
7. THIRD-PARTY WEBSITES: The Website may contain links to other third-party websites, as Services are provided through various brand partnerships (the “Linked Sites”). The Linked Sites are not under the control of Kali Wellness, and accordingly, Kali Wellness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kali Wellness is providing these links to you only as a convenience. If you would like more information regarding each website’s Privacy Policies and Terms and Conditions, and how they collect and store information, we encourage You to visit their respective websites.
8. USER CONDUCT: As a condition of your use of the Sites, you warrant to Kali Wellness that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. Kali Wellness specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by Kali Wellness.
You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Kali Wellness. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
9. INTELLECTUAL PROPERTY: The Services (including without limitation all programs, compiled binaries, interface layout, interface text, documentation, resources and graphics) are the sole and exclusive property of Kali Wellness and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. Kali Wellness retains all ownership and intellectual property rights to the Services, content, and materials provided to You through the Services, including all copyrights and any trademarks belonging to Kali Wellness and related entities and individuals. The Website content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Service or Services materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without our prior written permission.
9.1 COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by Kali Wellness and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and Kali Wellness may prosecute such misconduct to the fullest extent permitted by law.
9.2 TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Kali Wellness or a use right has been granted to Kali Wellness. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of Kali Wellness, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logos featured on the Sites for which you do not have personal rights.
10. LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Kali Wellness MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
KALI WELLNESS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KALI WELLNESS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF KALI WELLNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KALI WELLNESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KALI WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
11. TERMINATION AND ACCESS RESTRICTION: Kali Wellness reserves the right, in its sole discretion, to terminate your access to the Sites and the related Services or any portion thereof at any time, without notice.
12. PRIVACY POLICY: Kali Wellness respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference
13. GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of California United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California, County of Orange, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in Orange County, California.
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kali Wellness as a result of this agreement or use of the Sites. Kali Wellness performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kali Wellness right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Kali Wellness with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Kali Wellness with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kali Wellness with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. CONTACT: If you have any questions or concerns about this policy or any Services, products, or features, please don’t hesitate to contact us at: Hello@KaliWellness.com