PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS
AND POLICIES.
TERMS OF SERVICE
This website that you are visiting, www.kaigie.com (the “Website”), is owned by
Kaigie LLC. (the “Company”). The following terms and conditions (the “Terms”) govern
all use of the website www.kaigie.com and the products and services available at
the Website. In these Terms, “you” or “your” means the person accepting these Terms
and the company (if any) on whose behalf he/she is acting, and “we,” “us,” “our,”
“kaigie,”, or the “Company” means Kaigie, LLC. and its affiliates.
By using or accessing any part of the Website, you agree that you are at least eighteen
(18) years old and have read, understand, and agree to be bound by all of these
terms and conditions. If you do not agree to all of these terms and conditions,
you must not use or access the Website. If you are entering into these Terms on
behalf of a company, you represent that you have the authority to bind that company
to the terms of these Terms. We reserve the right, in our sole discretion, to modify
or replace any of the terms or conditions of these Terms at any time. Your continued
use of the Website following the posting of any changes to these Terms constitutes
your acceptance of those changes and you are responsible for reviewing those terms.
Some products or services that become available on the Website may be subject to
additional or different terms and conditions, and if those additional terms and
conditions conflict with these Terms, those additional terms and conditions will
control.
ONLINE PRIVACY POLICY
The Company, business partners, and its subsidiary companies respect the privacy
rights of our online members and visitors and recognize the importance of protecting
the information collected from you. We have adopted a corporate wide Online Privacy
Policy that guides how we collect, store and use the information you provide online.
Please note that this policy applies only to sites maintained by Company and its
subsidiaries, and not to web sites maintained by other companies or organizations
to which we link.
If you have questions or concerns regarding this statement, you should first contact
the Company at the email address or postal address specified on the Website.
PUBLIC INFORMATION
Information like user screen name, profile picture, etc. is considered public, but
is not searchable from the outside. This information may be displayed in public
message threads and is also displayed in any communication within the Website.
INFORMATION COLLECTION AND USE
Your Account: If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur under
your account or password. . You are not to share your account, username or password
with any third party(s). Each account is limited to one user. You are obligated
to report lost or stolen accounts and passwords. Additionally you confirm that you
are 18 years or older. The Company reserves the right to refuse service, terminate
accounts, remove or edit content or cancel orders in their sole discretion.
Information Collected Upon Registration: If you desire to have access to
certain restricted sections of our web site, you will be required to become a registered
user, and to submit certain personally identifiable information to the Company.
This happens in a number of instances, such as when you sign up for our services,
or if you desire to receive marketing materials and information. Personally identifiable
information that we may collect in such instances may include your IP address, full
user name, email address, city, time zone, telephone number, gender and other information
that you decide to provide us with, or that you decide to include in your profile.
In the event you are an Expert within the Website, you will need to provide the
Company with the required documentation and you agree to comply with the Company's
on-boarding process. The Company has the right to periodically review your activity
and refuse service, terminate accounts, if needed.
Use of Contact Information: In addition, we may use your contact information
to market to you, and provide you with information about our products and services..
If you decide at any time that you no longer wish to receive such information or
communications from us, please send us an email at support@kaigie.com to unsubscribe.
Log Data: When you visit the Website, our servers automatically record the
information that your browser sends as Log Data. This Log Data may include, but
is not limited to, information such as your IP address, browser type or the domain
from which you are visiting, the websites you visit, the search terms you use, and
any advertisements on which you click. For most users accessing the Internet from
an Internet service provider, the IP address will be different every time you log
on. We use Log Data to monitor the use of the Site and of our Service, and for the
Site’s technical administration. We do not associate your IP address with any other
personally identifiable information to identify you personally, except in the case
of a violation of the Terms of Service.
Video Consultation: Your communication with an expert listed on www.kaigie.com
can be saved by the expert for future reference. By accepting the Terms of Service
you give consent to the expert to download, save and preserve the Videos and Text
contents. In case of emergency please contact 911 or the Local Health Facility
HIPAA COMPLIANCE
HIPAA Privacy and Security Requirements.
(a) Definitions:
- The "Privacy Rule" shall mean the HIPAA regulations governing individually identifiable
health information codified at 45 C.F.R. Parts 160 and 164.
- "Protected Health Information" or "PHI" shall have the meaning given to such term
under the Privacy Rule, including 45 C.F.R. (S) 160.103, created or received by
web-site under the terms of this Agreement.
- "Covered Entity" shall have the meaning given to such term under the Privacy Rule,
including 45 C.F.R. (S) 160.103.
- "Business Associate" shall have the meaning given to such term under the Privacy
Rule, including 45 C.F.R. (S) 160.103.
(b) Policies and Procedures:
In order to utilize the Website, you may be required to disclose certain PHI to
the website, and the web-site may receive such PHI or create PHI on your behalf
in connection with its obligations under these Terms of Use. Both you and the Company
shall protect the privacy of and provide for the security of PHI disclosed to any
party pursuant to Company’s policies and in compliance with the Privacy Rule. The
Company is not liable for any disclosure of PHI caused by you or any covered entity
that you serve in the capacity of a business associate, or any disclosures of PHI
caused by any users or experts. We may use and disclose PHI created or received
pursuant to these Terms of Use as follows:
- We may use and disclose PHI received from you or created on your behalf to perform
our obligations under the Terms solely in accordance with the specifications set
forth in the Terms or as required by law.
- Nondisclosure: We shall not use or further disclose the PHI received from
you or created on your behalf in a manner that would violate the requirements of
the Privacy Rule (including the minimum necessary requirements), if done by you
or any covered entity that you serve in the capacity of a business associate.
- Safeguards: We shall use appropriate safeguards to prevent use or disclosure
of the PHI other than as provided for under the Terms, including adopting policies
and procedures regarding the safeguarding of PHI; providing training to relevant
employees, independent contractors and subcontractors on such policies and procedures
to prevent the improper use or disclosure of PHI; and implementing appropriate technical
safeguards to protect PHI.
- Reporting Improper Disclosures: We shall report in writing to you any use
or disclosure of the PHI not provided for under the Terms, of which we become aware,
promptly but in no event later than 30 days.
- Availability of Information to You: Within 30 days of receipt of a request
from you, we shall, in accordance with such request, make your PHI available to
you, provide you access to your PHI, and/or make a copy of PHI available to you,
all in accordance with the Privacy Rule, including 45 C.F.R. (S) 164.524.
TERMS OF USE
Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass,
threaten, impersonate or intimidate other users of the Website. You may not use
the Company’s Website for any illegal or unauthorized purpose. International users
agree to comply with all local laws regarding online conduct and acceptable content.
Should you be found to have engaged in illegal or abusive usage of our Website,
the Company will suspend or terminate your account or usage as applicable.
Materials Provided to the Website or Posted on the Website: By posting, uploading,
inputting, providing or submitting materials on the Website, you are granting us
permission to use your submissions in connection with the operation of our Internet
businesses, including, without limitations, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate, reformat and create
derivative works of your submissions. No compensation will be paid with respect
to the use of your submissions, as provided herein. By posting, uploading, inputting,
providing or submitting your submissions you warrant and represent that you own
or otherwise control all the rights to your submissions as described in this section
including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit your submissions. You agree that when using the Website,
you will not add any submission that is protected by intellectual property laws
unless you own or control the rights thereto or have received all necessary consents.
We have no obligation to monitor submissions. However, we reserve the right to review
submissions and to remove any materials in our sole discretion.
Electronic Communication: When you visit our Website or send e-mails to us,
you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting notices
on this Website . You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
Copyright: All content included on this Website , such as text, graphics,
logos, button icons, images, audio and video clips, digital downloads, data compilations,
and software, are exclusive property of the Company protected by United States and
International Copyright Laws.
Trademarks: www.kaigie.com OR Kaigie and other Company graphics, logos, page
headers, button icons, scripts, and service names are trademarks, registered trademarks
or trade dress of Company in the United States and other countries. The Company’s
trademarks and trade dress may not be used in connection with any product or service
that is not the Company’s, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits the Company. All other
trademarks not owned by the Company that appear on this Website are the property
of their respective owners, who may or may not be affiliated with, connected to,
or sponsored by the Company.
License and Site Access: The Company grants you a limited license to access
and use this Website and not to download (other than page caching) or modify it,
or any portion of it, except with written consent by the Company. This license does
not include resale or commercial use of this Website or its contents; collection
and use of any product listings, descriptions, or prices; any derivative use of
this Website or its contents; or any use of data mining, robots, or similar data
gathering and extraction tools. This Website or any portion of this Website may
not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of the Company. You may
not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information including but not limited to images, videos, text, page
layout or form of Company without written consent. You may not use any meta tags
or any other "hidden text" utilizing the Company’s name or trademarks without the
written consent. Any unauthorized use terminates the permission or license granted.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of Company so long as the link does not portray the Company or
its products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use the Company logo or other proprietary graphic or trademark
as a part of the link without a written permission from the Company.
Your Account: If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur under
your account or password. You are not to share your account, username or password
with any third party(s). Additionally you agree that you are 18 years or older.
The Company reserves the right to refuse service, terminate accounts, remove or
edit content, or cancel orders in their sole discretion.
Correction/Updating Personal Information: If your personally identifiable
information changes (such as a ZIP code), or if you no longer desires our service,
we will provide a way to correct, update or remove your personal data. This gives
you the ability to prevent the sharing, renting or dissemination of your personal
information with third parties. Please contact support@kaigie.com for such request.
Applicable Law: By visiting our Website, you agree that the laws of the State
of New Jersey, United States of America, without regard to principles of conflict
of laws, will govern these Conditions of Use and any dispute of any sort that might
arise between you and the Company.
International Users: The Website service is controlled, operated and administered
from our offices within the USA. If you access the service from a location outside
the USA, you are responsible for compliance with all local laws. You agree that
you will not use the content accessed through the Website in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
Disputes: Any dispute relating in any way to your visit to the Website or
to products or services sold or distributed by the Company in which the aggregate
total claim for relief sought on behalf of one or more parties exceeds the cost
of the product or services, shall be adjudicated in any state or federal court in
the County of Monmouth in the State of New Jersey, and you consent to the exclusive
jurisdiction and venue in such courts.
COOKIES AND OTHER TECHNOLOGIES
Cookies: We use cookies and other technologies to passively collect demographic
information, personalize your experience on the Website and monitor advertisements
and other activities. Cookies are small files downloaded to your computer to track
movements within web sites. We may link cookie information to personal information.
Cookies link to information regarding what items you have selected for purchase
at our store or pages you have viewed. This information is used to keep track of
your shopping cart and make sure you don't see the same ad repeatedly. Also, we
use cookies to deliver content specific to your interest and to monitor website
usage. Some of our sites use an outside ad company to display ads. These ads may
contain cookies. Our ad companies collect cookies received with banner ads, and
the Company does not have an access to this information. Most browsers are automatically
set to accept cookies whenever you visit a website. You can disable cookies or set
your browser to alert you when cookies are being sent. However, some areas of our
sites will not function properly if you do so. Please note that this privacy policy
covers the use of cookies by the Company only and does not cover the use of cookies
by any advertisers.
Other Technologies: Other technologies used include clear GIFs and IP address
logging. Clear GIFs also known as web bugs, beacons or tags, are small graphic images
placed on a web page, web-based document, or in an e-mail message. Clear GIFs are
invisible to the user because they are typically very small (only 1-by-1 pixel)
and the same color as the background of the web page, document or e-mail message.
We do not use clear GIFs to collect personal information about you. However, we
may use clear GIFs to capture statistical usage information for our web pages, features
or other elements on a web page. We may correlate this information to a user to
personalize user experience and for statistical analysis of user experiences on
our web pages.
PURCHASES & FEES
Users: There is no membership fee for a regular user of the Website for a
period of 1 (One) year. Upon completion of the first anniversary, the users will
be charged an annual fee of 2(Two) USD charged once.
Experts: Experts will be charged based on the features they use within the
kaigie site. The rate will be as per the rate chart, which will be sent during the
onboarding process.
Events: Any payment or other applicable transaction made towards an online
purchase is non-refundable.
Award and Promotional Items: Winning users are responsible for payment of
shipping and handling costs.
THIRD PARTIES
Third Party Services: Users may register for other services from the Website.
Certain third party products and/or services are available on our Website and may
require you to disclose personally identifiable information in order to register
for and access such products and/or services. Such products and/or services shall
identify the third party partners at the point of registration. If you elect to
register for such products and/or services your personally identifiable information
will be transferred to such third party(s) and will be subject to the privacy policy
and practices of such third party(s). We are not responsible or liable for the privacy
practices and policies of such third party(s) and, therefore, you should review
the privacy practices and policies of such third party(s) prior to providing your
personally identifiable information in connection with such products and/or services.
We do not endorse nor are we responsible for third party content. We are not responsible
or liable for products and/or services purchased from any third-party(s).
Links: The Website may contain links to other sites. We are not responsible
or liable for the privacy practices or the content of other sites. We recommend
that you review the privacy statements of each website that collects identifiable
information.
Service Providers: We engage certain trusted third parties to perform functions
and provide services to us, including, without limitation, hosting and maintenance,
customer relationship, database storage and management, and direct marketing campaigns.
We will share your personally identifiable information with these third parties,
but only to the extent necessary to perform these functions and provide such services,
and only pursuant to binding contractual obligations requiring such third parties
to maintain the privacy and security of your data.
Business Transfers: We may sell, transfer or otherwise share some or all
of its assets, including your personally identifiable information, in connection
with a merger, acquisition, reorganization or sale of assets or in the event of
bankruptcy. You will have the opportunity to opt out of any such transfer if the
new entity's planned processing of your information differs materially from that
set forth in this Privacy Policy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
AND SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE
PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED IN OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY
DOES NOT ENDORSE THE VIEWS OR GUARANTEES OF THE WEBSITE’S USERS, EXPERTS OR THIRD
PARTY(S). THE COMPANY DOES NOT VERIFY THE CREDENTIALS OF USERS OR EXPERTS. YOU EXPRESSEDLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY THE APPLICABLE LAW, THE COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT
THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR
SERVERS; OR E-MAIL SENT FROM [COMPANY] ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES,
UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS. KAIGIE RETAINS THE RIGHT TO CHANGE ANY PART OF THE TERMS
OF USE WITHOUT PRIOR NOTICE.
No Third Party Beneficiaries: The Terms are applicable between you and us.
There are no third-party beneficiaries to the Terms.
Other: These Terms constitute the entire agreement between you and the Company
regarding the use of the Website, superseding any prior agreements between you and
the Company relating to your use of the Website. The failure of the Company to exercise
or enforce any right or provision of these Terms shall not constitute a waiver of
such right or provision in that or any other instance. If any provision of these
Terms is held invalid, the remainder of these Terms shall continue in full force
and effect. If any provision of these Terms shall be deemed unlawful, void or for
any reason unenforceable, then that provision shall be deemed severable from these
Terms and shall not affect the validity and enforceability of any remaining provisions.
The Company reserves the right at any time to modify these Terms and to impose new
or additional terms or conditions on your use of the Website. Such modifications
and additional terms and conditions will be effective immediately and incorporated
into these Terms. Your continued use of the Website will be deemed acceptance thereof.
Experts using Video Chat Services Only - Payments:
Payment processing services for Experts receiving payments on Kaigie.com are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the Stripe Connected Account Agreement). By agreeing to this aggreemeent or continuing to operate as a Expert on Kaigie, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Kaigie enabling payment processing services through Stripe, you agree to provide Kaigie accurate and complete information about you and your business, and you authorize Kaigie to share it and transaction information related to your use of the payment processing services provided by Stripe.
The Website is operated and provided by Kaigie LLC., 158 Main Street, Suite: 101,
Matawan, NJ - 07747. If you have any questions about these Terms, please contact
us at support@kaigie.com.