READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE WWW.KELLISHAN.COM OR ANY OF ITS CONTENT, GOODS, OR SERVICES (SUCH WEBSITE, CONTENT, GOODS, AND SERVICES, THE “SITE”). BY ACCESSING OR USING OUR WEBSITE AND/OR OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, YOU MAY NOT ACCESS OUR SITE OR USE OUR GOODS AND SERVICES.
The following terminology applies to the Terms of Service. "User”, “You”, “Customer”, “Yourself,” “and “Your” refers to you, the person accessing this website and accepting the Company’s terms of service. If you are accessing this website and accepting the Company’s terms of service on behalf of a third party, these terms apply to third parties, such as when a company representative access our website on behalf of third parties, and when users gain access through third party affiliates. “Company”, “Ourselves”,” We”, and “Our”, refers to Kellishan and Kellishan Institute.
By visiting our website and/or purchasing a good or service from Kellishan/Kellishan Institute, you engage in our “Service” and agree to be bound by the following terms of service, including additional terms and conditions and policies available by hyperlink. These terms apply to all users accessing the website, including browsers, vendors, customers, merchants, and/or contributors of content. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, then you may not access the website or use any good or service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this website. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is 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. Consumers who have made purchases or subscribed to our website will receive updates of these changes through email notifications when email addresses are provided.
SECTION 1. GENERAL TERMS
By agreeing with these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products, services, merchandise or website for any illegal or unauthorized purpose nor may you, in the use of our products, services, merchandise or website, violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our products, merchandise, services and our website.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of our website;
2. Change, suspend or discontinue all or any part of our products, merchandise, services or website;
3. Refuse, move, or remove any content that is available on all or any part of our website;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our website.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our website may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and may be subject to changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kellishan and Kellishan Institute content is not for resale. Use of the website does not entitle users to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Kellishan and Kellishan Institute and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kellishan or Kellishan Institute or our licensors except as expressly authorized by these Terms.
SECTION 2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree not to (1) reproduce, duplicate, copy, sell, resell or exploit any portion of the website, (2) use the website, or (3) access to the website or any content on the website, (4) products, (5) services without express written permission by us.
SECTION 3. COMPLETENESS, ACCURACY AND TIMELINESS OF INFORMATION
The material on this site is provided for general information only. We are not responsible if information on this site is not accurate, current or complete.
SECTION 4. ACCOUNTS
Once you create an account with us, through a connected link or purchase any items from our online store, you are registered on the Kellishan/Kellishan Institute website. The terms "member," "membership," “registrant”, and "account" all refer to this registration as a member or consumer on Kellishan/Kellishan Institute website. If you are merely surfing or browsing through the Site and have not yet created an account or made a purchase, your use of the website is still subject to this agreement; if you do not agree to this agreement, do not use the website.
When you create an account with us, make a purchase or connect through a hyperlink, you may be required to enter a unique log in information. We ask you to create a password and/or protect your information on hyperlinks accessed through our website. Any activities that occur under your username, password, or any personal identification created are your responsibility. It is important for you to keep your username and/or password and/or personal identification secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kellishan/Kellishan Institute is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, password, authentication information, or created identification information without your authorization.
Furthermore, by using our website, you hereby acknowledge, understand and agree to:
1. furnish factual, correct, current and complete information regarding yourself as may be requested by the account creation process and registration/purchasing process, and
2. maintain and promptly update your account and profile information to always maintain accuracy and completeness.
If you knowingly provide any information of a false, untrue, inaccurate, or incomplete nature, Kellishan/Kellishan Institute will have sufficient grounds and rights to suspend or terminate your account, and as such refuse any and all current or future access or use of Kellishan/Kellishan Institute, literature, products, merchandise, and/or services, or any portion thereof.
SECTION 5. CONDUCT
As a user or member of the website, you acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted, displayed and/or transmitted, is the sole responsibility of the individual from whom the content originated, and as such, we do not guarantee the accuracy, integrity, or quality of such content. You are solely responsible for any and all content you post, upload, email, transmit, display or otherwise make available by way of this website, It is expressly understood that by use of our website, products, merchandise, and services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, displayed, or otherwise made available by Kellishan/Kellishan Institute.
Furthermore, you agree not to engage in any of the following activities:
1. uploading, posting, emailing, transmitting, or otherwise making available any content is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
2. causing harm to minors in any manner whatsoever;
3. impersonating any individual or entity, including, but not limited to, any Kellishan/Kellishan Institute officials, forum leaders, guides, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual property rights of any other party;
6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to do so pursuant to any law or in accordance with any contractual or fiduciary relationship;
7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas of the Site or our services that may have been designated for such purpose, and only as expressly allowed in such areas of the Site or our services;
8. uploading, posting, emailing, transmitting, distributing, displaying, or otherwise offering any software or file that contains or may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other user’s'ability to participate in any virtual and/or real time interactions, or use or operation of the site or our services;
10. interfering with or disrupting any Kellishan/Kellishan Institute merchandise, products or services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software
11. "stalking" or otherwise engaging in any activity with the intent to harass another individual or entity; or
12. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Kellishan/Kellishan Institute herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the terms of service or which would otherwise be considered offensive to other visitors, users and/or members and registrants.
Kellishan/Kellishan Institute reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
1. compliance with any legal process;
2. enforcement of the terms of service;
3. responding to any claim that therein contained content is in violation of the rights of any third party;
4. responding to requests for customer service; or
5. protecting the rights, property or the personal safety of Kellishan/ Kellishan Institute, its visitors, users and members, including the general public.
Kellishan/Kellishan Institute herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Kellishan/Kellishan Institute or any other content providers supplying content services to Kellishan/Kellishan Institute. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 6. COURSES AND MATERIALS
Your access to and use of Kellishan and Kellishan Institute courses and materials (“Kellishan Materials”) may require that you set up a separate account and purchase a subscription or license through our Site or through a hyperlink. Your access to and use of Kellishan Materials is personal to you, and the Kellishan Materials are not for commercial use. You may not copy, distribute, display, license, sublicense, or provide anyone else with access to or use of your account or the Kellishan Materials without our prior written permission. Kellishan/Kellishan Institute has the right to suspend or terminate your access to and use of Kellishan Materials if a required payment is not received by the relevant due date.
SECTION 7. GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, by using our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
SECTION 8. SUBMITTED CONTENT
Subject to Section 8, Kellishan/Kellishan Institute shall not lay claim to ownership of any content submitted by any visitor, member, or user. Therefore, you hereby grant and allow for Kellishan/Kellishan Institute the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
1. The content submitted or made available for inclusion on the publicly accessible areas of Kellishan/Kellishan Institute’s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content such as user submitted videos, pictures, documents, etc. on our network Services is for the sole purpose of providing and promoting the specific area to which this Content was placed and/or made available for viewing. This license shall be available so long as you are a member of Kellishan/Kellishan Institute’s sites and shall terminate at such time when you elect to discontinue your membership. We will remove such content from our Site upon termination.
2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Kellishan/Kellishan Institute 's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. Users uploading content must own the content and won’t infringe on other entities. This license shall be available so long as you are a member, registrant, or user of Kellishan/Kellishan Institute's sites and shall terminate at such time when you elect to discontinue your membership.
Those areas which may be deemed "publicly accessible" areas of Kellishan/Kellishan Institute 's Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
SECTION 9. CONTRIBUTION TO COMPANY WEBSITE
Kellishan/Kellishan Institute may provide an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
1. your Contributions do not contain any type of confidential or proprietary information;
2. Kellishan/Kellishan Institute shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
3. User has the right to provide/upload the Contribution without permission needed/the Contribution is the user’s own original material not owned or licensed by any third party;
4. the contributor's Contributions shall automatically become the sole property of Kellishan/Kellishan Institute and the contribution does not infringe on other entities and
5. Kellishan/Kellishan Institute is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. No credit (attribution) to user either
6. you are solely responsible for any content you upload, including ensuring that it does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, or other legal rights of any third party. Any liability arising from claims of infringement, including but not limited to copyright, trademark, or other proprietary rights, rests entirely with you as the user.
SECTION 10. INDEMNITY
All users and members agree to defend, indemnify and hold Kellishan/Kellishan Institute, our subsidiaries, affiliates, agents, employees, officers, directors, partners and/or licensors harmless for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from a) any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our products, merchandise and services, b) the use of Kellishan/Kellishan Institute products, merchandise or services or your connection with these products, merchandise or services, c) your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 11. COMMERCIAL REUSE OF SERVICES
The member, registrant, or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Kellishan/Kellishan Institute's sites.
SECTION 12. MODIFICATIONS
Kellishan/Kellishan Institute reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our services, products, merchandise and the website, or any part thereof, with or without prior notice. Prices, availability, descriptions, merchandise and services are also subject to change without notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our products, merchandise and/or services, or any part thereof. We do not guarantee the quality of our products, merchandise or services will meet individual needs or expectations or that any errors will be corrected.
SECTION 13. TERMINATION
We are constantly improving, updating and changing merchandise, products and services. We may add, remove, or suspend, products, services, merchandise, functions or features or may terminate your use of any product, merchandise or services for any reason. As a member or user of Kellishan/Kellishan Institute products, merchandise and/or services, you may cancel or terminate your account, associated email address and/or access to our products, merchandise or services by submitting a cancellation or termination request to contact@kellishan.com.
As a member or user, you agree that Kellishan/Kellishan Institute may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our products, merchandise or services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
1. any breach or violation of our Terms of Service or any other incorporated agreement, regulation and/or guideline;
2. requests from law enforcement or any other governmental agencies;
3. the discontinuance, alteration and/or material modification to our services, or any part thereof;
4. unexpected technical or security issues and/or problems;
5. any extended periods of inactivity;
6. any engagement by you in any fraudulent or illegal activities; and/or
7. the nonpayment of any associated fees that may be owed by you in connection with your Kellishan/Kellishan Institute products, merchandise and/or services account.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our products, merchandise or services.
The termination of your account with Kellishan/Kellishan Institute shall include any and/or all of the following:
1. the removal of any access to all or part of the products, merchandise or services offered within Kellishan/Kellishan Institute;
2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
3. the barring of any further use of all or part of our products, merchandise or services.
SECTION 14. LINKS
Kellishan/Kellishan Institute third parties accessible on this website, may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Kellishan/Kellishan Institute shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resources. We encourage you to review the terms of use and privacy policies of third-party websites and resources before accessing or using them.
SECTION 15. PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Kellishan/Kellishan Institute products, merchandise or services and any essential software that may be used in connection with our product, merchandise and services ("Software") contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content defined which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Kellishan/Kellishan Institute or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Kellishan/Kellishan Institute products, merchandise or services (e.g. Content or Software), in whole or part.
Kellishan/Kellishan Institute hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, or sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our products, merchandise or services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Kellishan/Kellishan Institute for use in accessing our products, merchandise, or services.
SECTION 16. WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
1. THE USE OF KELLISHAN/KELLISHAN INSTITUTE PRODUCTS, MERCHANDISE OR SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR PRODUCTS, MERCHANDISE AND SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. KELLISHAN/ KELLISHAN INSTITUTE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. KELLISHAN/KELLISHAN INSTITUTE AND OUR SHAREHOLDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT A)KELLISHAN/KELLISHAN INSTITUTES PRODUCTS, MERCHANDISE AND SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; 2)KELLISHAN/KELLISHAN INSTITUTE PRODUCTS, MERCHANDISE AND SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; 3)THAT RESULTS MAY BE OBTAINED FROM THE USE OF THE KELLISHAN/KELLISHAN INSTITUTE PRODUCTS, MERCHANDISE OR SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; 4) QUALITY OF ANY PRODUCTS, MERCHANDISE OR SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR PRODUCTS, MERCHANDISE OR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND 5) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF KELLISHAN/KELLISHAN INSTITUTE PRODUCTS, MERCHANDISE, SERVICES, OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM KELLISHAN/KELLISHAN INSTITUTE OR BY WAY OF OR FROM OUR SERVICES, OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 17. LIMITATIONS OF LIABILTY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT KELLISHAN/KELLISHAN INSTITUTE AND OUR SHAREOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
1. THE USE OR INABILITY TO USE OUR SERVICE;
2. THE COST OF PROCURING SUBSTITUTE GOODS,MERCHANDISE AND SERVICES;
3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 18. NOTICE
Kellishan/Kellishan Institute may furnish you with and you agree to accept, notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our products, merchandise and/or services in an unauthorized manner. Your acceptance of this agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our products, merchandise and services in an authorized manner. You may opt out of receiving text messages by emailing contact@kellishan.com to submit your request.
SECTION 19. INTELLECTUAL PROPERTY
You acknowledge, understand and agree that all of the Kellishan/Kellishan Institute trademarks, copyright, trade name, service marks, and other Kellishan/Kellishan Institute logos and any brand features, and/or product and service names are intellectual property and as such, are and shall remain the property of Kellishan/Kellishan Institute and its licensors. You herein agree not to display and/or use in any manner the Kellishan/Kellishan Institute logo or marks without obtaining Kellishan/Kellishan Institute’s prior written consent.
Kellishan/Kellishan Institute will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Kellishan/Kellishan Institute may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others.
SECTION 20. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you and Kellishan/Kellishan Institute and shall govern the use of our products, merchandise and/or services, superseding any prior version of this agreement between you and us with respect to Kellishan/Kellishan Institute products, merchandise and/or services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Kellishan/Kellishan Institute products, merchandise and /or services, affiliate services, third-party content or third-party software.
SECTION 21. CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Kellishan/Kellishan Institute with regard to the agreement that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the agreement, or the relationship between you and Kellishan/Kellishan Institute, shall be filed within the courts having jurisdiction within the County of Los Angeles, California or the U.S. District Court located in said state. You and Kellishan/Kellishan Institute agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 22. WAIVER AND SEVERABILITY OF TERMS
At any time, should Kellishan/Kellishan Institute fail to exercise or enforce any right or provision of the agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the agreement remain in full force and effect.
SECTION 23. NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
SECTION 24. STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law, to the contrary, any claim or action arising out of or related to the use of our products, merchandise and/or services, the agreement must be filed within two years after said claim or cause of action arose shall be forever barred.
SECTION 25. FOREIGN ACCESS OF SITE
The website is controlled, operated and administered by Kellishan/Kellishan Institute from our offices within the USA. If you access the website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Kellishan/Kellishan Institute's content accessed through the website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 26. ERROR, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or on any related website should be taken to indicate that all information on the website or on any related website has been modified or updated.
SECTION 27. PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the Kellishan/Kellishan Institute Online Privacy Policy (see the full Privacy Policy at (www.Kellishan.com). As a member or user, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Kellishan/Kellishan Institute and/or our subsidiaries and affiliates.