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Our Policies

Kula Empowered is dedicated to providing transparent and honest services and information. Please see our policies below and contact us at info@kulaempowered.com with any questions. 

Terms and Conditions

Last Modified: September 13, 2023

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use the Kula Empowered Website (www.kulaempowered.com) (the “Website”) or the Kula Empowered mobile Application (“Kula App”)(collectively the “Kula Services”). By using the Kula Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.kulaempowered.com/privacypolicy, and the Kula App End User License Agreement incorporated herein by reference.

If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Kula Services.

These terms of use are entered into by and between you and Kula Empowered LLC (“Kula”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.kulaempowered.com, including any content, functionality, and services offered on or through the Kula Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Kula Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

The Kula Services Does Not Provide Medical and/or Mental Health Advice

The contents of the Kula Services, such as text, graphics, images, and other materials created by us or obtained from our licensors, and other materials contained on the Kula Services (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, professional mental health advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding a medical or mental health condition. Never disregard professional medical advice or delay in seeking it because of something you have read here.

If you think you may have an emergency, call 911 immediately. We do ot recommend or endorse any specific tests, physicians, products, procedures, opinions, treatments or other information that may be mentioned on the Kula Services. Reliance on any information provided by us, our employees, others appearing on the Kula Services at the invitation of us, or other visitors to the Kula Services is solely at your own risk.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that the Kula Services are not intended or designed to attract children under the age of 16. We do not collect personally identifiable information from any person we actually know is a child under the age of 16.

Accessing the Kula Services and Account Security

We reserve the right to withdraw or amend the Kula Services, and any service or material we provide on the Kula Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Kula Services, or the entire Kula Services, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Kula Services.

  • Ensuring that all persons who access the Kula Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Kula Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Kula Services that all the information you provide on the Kula Services is correct, current, and complete. You agree that all information you provide to register with the Kula Services or otherwise, including, but not limited to, through the use of any interactive features on the Kula Services, is governed by our Privacy Policy www.kulaempowered.com/privacypolicy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Kula Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Kula Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kula, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Kula Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from the Kula Services.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Kula Services or any services or materials available through the Kula Services.  

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Kula Services in breach of the Terms of Use, your right to use the Kula Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Kula Services or any content on the Kula Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Kula Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms KULA EMPOWERED, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kula or its affiliates or licensors. You must not use such marks without the prior written permission of Kula. All other names, logos, product and service names, designs, and slogans on the Kula Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Kula Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Kula Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate Kula, a Kula employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Kula Services, or which, as determined by us, may harm Kula or users of the Kula Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Kula Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Kula Services, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Kula Services for any purpose, including monitoring or copying any of the material on the Kula Services.

  • Use any manual process to monitor or copy any of the material on the Kula Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Kula Services.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Kula Services, the server on which the Website is stored, or any server, computer, or database connected to the Kula Services.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Kula Services.

Reliance on Information Posted

The information presented on or through the Kula Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Kula Services may include content or links to content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Kula, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Kula. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Kula Services

We may update the content on the Kula Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Kula Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy http://www.kulaempowered.com/privacypolicy. By using the Website or Kula App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through  the Kula App made by you, are governed by the terms of sale of the applicable app store from which the transaction was made.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.

  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Kula Services

If the Kula Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Kula Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Kula, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Kula Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Kula Services.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida  without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be resolved by binding arbitration in Tampa, Florida with a single neutral arbitrator administered by the JAMS in accordance with its Comprehensive Arbitration Rules and Procedures; judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and the End User License Agreement for the Kula App constitute the sole and entire agreement between you and Kula regarding the Kula Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Kula Services.

Your Comments and Concerns

This website is operated by Kula Empowered LLC (12121 Little Road #127, Hudson FL 34667).

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Kula Empowered’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  3. Your name, address, telephone number and (if available) e-mail address.

  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Kula’s agent for copyright issues relating to this web site is as follows:

Kula Empowered LLC
Attn: Office of Intellectual Property
12121 Little Road #127

Hudson FL

34667

In an effort to protect the rights of copyright owners, Kula maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Kula Services who are repeat infringers.

 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@kulaempowered.com.

Privacy Policy

Last modified: September 13, 2023

Introduction

Kula Empowered LLC (“Company”, “Kula” or “we”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

  • The types of information we may collect or that you may provide when you purchase, download, install, access, or use the Kula Empowered (the “App”) or access the Kula Empowered website (www.kulaempowered.com) (the “Website”) (collectively “Kula Products”).

  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with the App and use of the Kula Website (www.kulaempowered.com).

This policy DOES NOT apply to information that:

  • We collect offline or on any websites you may access through this App.

  • You provide to or is collected by any third party (see Third-Party Information Collection).

These other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use the Kula Products. By downloading, registering with, or using the Kula Products, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Kula Products after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 16

The Kula Products are not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16 that was not provided by someone over the age of 18, please contact us at info@kulaempowered.com

 

Information We Collect and How We Collect It

 

1. Information Collected from the App

We collect information from and about users of our App:

  • Directly from you when you provide it to us.

  • Automatically when you use the App.

Information You Provide to Us

When you download, register with, or use this App, we may ask you provide information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, date of birth of user or date of birth of care receiver, relationship to care receiver (“personal information”).

This information includes:

  • Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, and subscribing to our service. We may also ask you for information when you report a problem with the App.

  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

  • Your responses to surveys that we might ask you to complete for research purposes.

  • Details of transactions you carry out through the App, such as purchasing a subscription and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.

Automatic Information Collection

When you download, access, and use the App, it may use technology to automatically collect:

  • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location of country data, and logs and the resources that you access and use on or through the App.

  • Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, operating system, browser type, mobile network information, and the device's telephone number.

  • Location Information. This App collects real-time information about the location of your device when you download the app.

If you do not want us to collect this information do not download the App or delete it from your device.

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.

  • Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Analytics companies.

  • Your mobile device manufacturer.

  • Your mobile service provider.

  • App store and platform providers.

These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the App and its contents, and any other information, products, or services that you request from us.

  • Fulfill any other purpose for which you provide it.

  • Give you notices about your account/subscription, including expiration and renewal notices.

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our App according to your individual interests.

  • Speed up your searches.

  • Recognize you when you use the App.

  • We use location information we collect to estimate the geographic usage of the App to estimate audience size in a particular location to improve service and access to the App in the geographic location.

2. Collection of Information from the Website

 

Cookies

“Cookies” are small data files that are stored on the hard drive of the computer you use to view a website. Every computer that accesses a Kula Website is assigned a different cookie by Kula. Different Cookies serve different purposes:

Session cookies are specific to a particular visit and carry information as you view different pages within a Kula Webite. Session cookies expire and delete themselves automatically in a short period of time, e.g., when you leave the website or when you close your browser.

Persistent cookies enable us to recognize you when you visit a Kula website and remember your preferences. Persistent cookies are stored on your browser or mobile device until you choose to delete them, and otherwise typically delete themselves at expiration.

Third-party cookies are placed by someone other than Kula, and may gather browsing activity across multiple websites and sessions. They are usually persistent cookies and are stored until you delete them or they expire based on the time period set in each third-party cookie.

“Web Beacons” are graphic image files embedded in a page of a website typically used to monitor activity on the page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from your browser, such as the IP address, the URL of the page on which the Web Beacon is located, the type of browser that is accessing the site and the ID number of any cookies on your computer previously placed by that server.

Cookies on the Kula Website

The cookies on the Kula Website are generally used for one of the following purposes:

Strictly necessary. These cookies are necessary for the Kula Websites to function and are essential to access some areas of the Kula Websites. For example, certain cookies enable us to identify registered members and ensure that they have access to content that is only available to registered members.

Important functionality. These cookies enable us to remember your preferences, such as your user name, language or the region you are in, and provide enhanced, more personalized features. They may also be used to provide services you have asked for, such as watching a video.

Performance and Analytics. These cookies enable us to analyze how visitors use the Kula Sites and to monitor website performance. We use the information collected by these Cookies to improve the performance of the Kula Sites and our Services.

Advertising. 

Kula uses cookies and other tracking technologies to recognize individual users when they access the Kula Products, remember user preferences, keep track of users’ access to and use of the Kula Products, track whether our emails opened and whether links are clicked, ensure that the Services are functioning properly, analyze trends and to personalize the Kula Products, including advertising on the Kula Websites and on third party websites, so that it is relevant to individual user’s interests which may be inferred based on location, prior activity on the Kula Websites and other information that Kula or our partners may have about our users. When you use the Kula Website, we also automatically collect information from your browser or mobile device such as your IP address or unique device identifier, browser information (including referring URL), your preferences and settings, cookies and information about the content you have viewed and actions taken (e.g., search queries, ad engagement, clicks and the associated dates and times).

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Kula’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Kula about our App users is among the assets transferred.

  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use a feature of our Website or App, we will transmit the contents of that email and your email address to the recipients.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce our rights arising from any contracts entered into between you and us, including the App EULA, and for billing and collection.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Kula, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Tracking Technologies. Most browser software can be set to reject cookies, and offer instructions on how to reset the browser to reject cookies in the “Help” or “Settings” or “Preferences” section of your browser’s toolbar. You can choose whether or not to allow the App to collect information through other tracking technologies by enabling the “Limit Ad Tracking” setting in your iOS device’s settings or “Opt out of Ads Personalization” in your Android device’s settings.  If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Kula Products may then be inaccessible or not function properly.

  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings.

  • Promotion by the Company. If you do not want us to use your email address to promote our own or third parties' products or services, you can opt-out by emailing us at info@kulaempowered.com. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to info@kulaempowered.com.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. Kula does not collect user information to sell to others and the information collected by Kula is primarily used for Kula’s own services as described above.  To learn more about California residents' privacy rights, visit https://oag.ca.gov/privacy/ccpa.

Data Security

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and notify you by email message to the email address specified in your account.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

 

Kula Empowered

Attn: Privacy Dept.

12121 Little Road #127

Hudson FL

34667

OR

Email: info@kulaempowered.com

Kula Empowered App User License Agreement

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Kula Empowered, LLC (“Company” or “Kula”). This Agreement governs your use of the Kula Empowered on the iOS platform, (including all related documentation, the “Kula App”). The Kula App is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE KULA APP AND DELETE IT FROM YOUR MOBILE DEVICE.

1.              License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

(a)             download, install, and use the Kula App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Kula App's documentation; and

(b)           access, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Kula App, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.

2.              License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Kula App, you shall not:

(a)            copy the Kula App, except as expressly permitted by this license;

(b)           modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Kula App;

(c)            reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Kula App or any part thereof;

(d)           remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Kula App, including any copy thereof;

(e)            rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Kula App, or any features or functionality of the Kula App, to any third party for any reason, including by making the Kula App available on a network where it is capable of being accessed by more than one device at any time;

(f)            use any robot, spider, or other automatic device, process, or means to access the Kula App for any purpose, including monitoring or copying any of the material on the Kula App;

(g)           use any manual process to monitor or copy any of the material on the Kula App, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;

(h)           frame, mirror, or otherwise incorporate the Kula App or any portion of the Kula App as part of any other mobile application, website, or service;

(i)             use the Kula App in any manner that could disable, overburden, damage, or impair the Kula App or interfere with any other party's use of the Kula App; or

(j)             remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Kula App.

3.              Reservation of Rights. You acknowledge and agree that the Kula App is provided under license, and not sold, to you. You do not acquire any ownership interest in the Kula App under this Agreement, or any other rights thereto other than to use the Kula App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Kula App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4.              Collection and Use of Your Information. You acknowledge that when you download, install, or use the Kula App, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Kula App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Kula App or certain of its features or functionality, and the Kula App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Kula App is subject to our Privacy Policy www.kulaempowered.com/privacypolicy. By downloading, installing, using, and providing information to or through this Kula App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

5.              Content and Services. The Kula App may provide you with access to Company's website located at www.kulaempowered.com (the “Website”), and certain features, functionality, and content accessible on or through the Kula App may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at www.kulaempowered.com/privacypoliicy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Kula App's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

6.              Geographic Restrictions. The Content and Services are based in the state of Florida in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

7.              Updates. Company may from time to time in its sole discretion develop and provide Kula App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a)            the Kula App will automatically download and install all available Updates; or

(b)           you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Kula App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Kula App and be subject to all terms and conditions of this Agreement.

8.              Third-Party Materials. The Kula App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links to them are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

9.              Term and Termination.

(a)            The term of Agreement commences when you download the Kula App and will continue in effect until terminated by you or Company as set forth in this Section

(b)           You may terminate this Agreement by deleting the Kula App and all copies thereof from your Mobile Device.

(c)            Company may terminate this Agreement at any time without notice if it ceases to support the Kula App, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d)           Upon termination:

(i)             all rights granted to you under this Agreement will also terminate; and

(ii)           you must cease all use of the Kula App and delete all copies of the Kula App from your Mobile Device and account.

(e)            Termination will not limit any of Company's rights or remedies at law or in equity.

10.           Disclaimer of Warranties. THE KULA APP IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE KULA APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE KULA APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, KULA APPS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11.           Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THE CONTENT CONTAINED IN THE KULA APP, YOUR USE OF OR INABILITY TO USE THE KULA APP OR THE CONTENT CONTAINED IN THE KULA APP AND ANY SERVICES FOR:

(a)            PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b)           DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE KULA APP.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

12.           Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Kula App or your breach of this Agreement, including but not limited to the content you submit or make available through this Kula App.

13.           Export Regulation. The Kula App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Kula App to, or make the Kula App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Kula App available outside the US.

14.           Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

15.           Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.

16.           Arbitration.  Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be resolved by binding arbitration in Tampa, Florida with a single neutral arbitrator administered by the JAMS in accordance with its Comprehensive Arbitration Rules and Procedures; judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

17.           Entire Agreement. This Agreement, the Terms of Use) and our Privacy Policy (agreements located at www.kulaempowered.com/privacypolicy) constitute the entire agreement between you and Company with respect to the Kula App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Kula App.

18.           Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

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