TERMS AND CONDITIONS OF USE
These Website Terms and Conditions of Use (the “Terms of Use”) apply to the Akimboo website located at http://www.akimboo.com (the “Site”). The Site is the property of Corbin Group, LLC, an Iowa Limited Liability Company (“Corbin Group”). Please read these Terms of Use carefully. BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. The Site is intended to be used solely by individuals over the age of 18.
OWNERSHIP OF CONTENT
Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site (collectively, "Content") are protected under applicable intellectual property and other laws. Including, without limitation, those of the United States and Canada. All Content and intellectual property rights herein are the property of Corbin Group, or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. The posting of any Content on this Site does not constitute a waiver of any right in such Content. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from this Site in any form or by any means is strictly prohibited without the express prior written consent of Corbin Group. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Corbin Group in writing at 410 North Street, Decorah, Iowa 52101 or by email at Infor@corbingroup.biz. The Content may only be used for personal, non-commercial purposes.
Akimboo grants you a personal, limited, non-exclusive, non-transferable license to access, view and make personal and non-commercial use of this Site. You may not use this Site to gain unauthorized access to Akimboo networks or computer systems or to engage in any activity that disrupts or otherwise interferes or tampers with the Site (and associated servers or networks connected to the Site). You agree not to access the Site through any automated means (such as through the use of scripts or web crawlers, etc.).
TRADEMARKS
The Akimboo logo and all page headers, custom graphics, button icons, trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Akimboo (the "Marks"). All other trademarks, names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without the express prior written consent of Akimboo. You are not authorized to display or use trademarks, names, logos, service marks and/or trade dress of other owners without their express prior written consent. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
SYSTEM AND SOFTWARE REQUIREMENTS
The use of Akimboo requires a personal computer, internet access and an operating version of the Akimboo software. Your ability to use the Akimboo service may be affected by the performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility.
Your use of the Akimboo software is subject to your agreement to be bound by any additional software license terms that accompany the downloading of the software, all of which software license terms are incorporated in and are hereby made a part of these Terms of Use. Akimboo will be responsible for providing any maintenance and support services for the Software that are specified in the applicable license terms, or are required under applicable law.
ACCOUNTS
You may be required to establish an account in order to use certain aspects of the Akimboo service. You are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your account information to anyone else or use anyone else’s account. You are entirely responsible for all activities that occur on or through your account and you agree to immediately notify Akimboo of any unauthorized use of your account. Akimboo reserves the right to terminate, disable or not provide all normal features for a particular account if Akimboo suspects or becomes aware of anyone unauthorized or unpermitted use of such account or any part of the Akimboo service.
PRIVACY POLICY
Akimboo respects the privacy of the visitors to the Site. This Privacy Policy (the "Privacy Policy") is intended to inform you of our policies and practices regarding the collection, use and disclosure of any personal information. Personal information we collect on our websites and in our applications are sent to our servers and may be processed by us in the United States where laws regarding processing of personal information may be less stringent than the laws in other countries. Akimboo uses your information to provide and deliver products and services you request; personalize your experience and customize content, marketing, and recommendations; respond to requests that you make, provide you with customer service, send you press releases, general informative announcements, and promotional information about us or our products, or to aid us in serving you better; and protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
We collect the following information you provide to us on our site: Your first and last name, email address, postal addresses, password if you create an account, and payment information if you purchase a product on our site. We collect the following information you provide us when you used the Akimboo service: Name, photo, gender, height, weight, date of birth. You may also upload your address book and Facebook contacts to our servers or through email address lookup so we can help you find friends using Akimboo. Other information you may choose to input include your current location, what you eat and drink, your activities and software usage.
We also collect your Internet protocol address ("IP address"), browser type, domain names, access times, and operating system. We also use cookies and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. This type of information is collected to make our products and services more useful to you. In some of our emails to you, we will use a "click-through URL" to make your experience as easy as possible. When you click on one of these URLs, our web server detects that you clicked on the link from your email before arriving at your destination website. Tracking click-throughs helps us determine your interest in particular topics and helps us measure the effectiveness of our customer communications.
Cookies are small pieces of information that a web site sends to your computer's hard drive while you are viewing a web site. We may use both session Cookies (which expire when you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Site. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of the site may not work properly.
You can opt-out of promotion emails from us by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). If you opt-out, we may still send you non-marketing e-mails including e-mails about your accounts and our business dealings with you.
You may send requests about personal information to our contact information below. You can request to change contact choices and marketing choices and to update or change your personal information.
SECURITY OF YOUR INFORMATION
We use commercially reasonable efforts to help protect your personal information from unauthorized access, use, or disclosure.
Even though we have taken steps to protect your personal information, you should know that neither we nor any company can fully eliminate security risks.
ADDITIONAL SITE TERMS, CONDITIONS AND AGREEMENTS
We may require you to follow additional rules, guidelines or other terms and conditions in order to use various features of our Site, to participate in certain promotions or activities available through our Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms and conditions, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. For example, you will be required to enter into a separate agreement if you use this Site (or any other site associated with Akimboo). If any of the terms or conditions of a click-through agreement are different than the terms of these Terms of Use, then the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by such agreement. In addition, certain areas of our Site may be operated by third party service providers. Such areas may be governed by certain additional terms, conditions, or policies of those third party providers.
SITE SUBMISSIONS
You may choose to submit information to Akimboo through our Site for various reasons, such as to become an Akimboo member, make a purchase, or apply for Akimboo employment opportunities. By submitting information to Akimboo, you are authorizing us to utilize this information for the purpose for which it was submitted and for such other purposes as set out in our Privacy Policy. Nothing in these Terms of Use or the Site shall constitute an offer or promise of employment or other business relationship. We may or may not review all or any information submitted to us.
Except for personally identifiable information such as names, addresses, and financial information, unsolicited information submitted to this Site is assigned to Akimboo free of charge, together with all worldwide rights, title and interest in all copyrights and other intellectual property rights in such submission and Akimboo and its affiliates and related entities may use, sublicense, adapt, distribute, publicly perform, publish, display or delete such submission at its sole discretion. By sending any unsolicited submission to Akimboo, you waive the right to make any claim against Akimboo, its parents or affiliates related to use of the submission.
ADVERTISING AND LINKS
With our prior written consent, you may create hyperlinks directly to the home page of this Site, provided that: (i) the hyperlink accurately describes the content as it appears on the Site; (ii) each page within our Site is displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the applicable page within our Site; and (iii) you do not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site, Akimboo, or its agents. You may not copy any portion of the Site or Content to a server, except as part of an incidental caching of pages. If you wish to link to or obtain a license with regard to the Site or the Content other than as described herein, you must contact Akimboo by email at info@corbingroup.biz, or 410 North Street, Decorah, Iowa 52101 before doing so. If Akimboo has provided links or pointers to other websites, then no inference or assumption should be made and no representation should be implied that Akimboo is connected with, operates or controls these websites. Akimboo is not responsible for the content or practices of third party websites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with Akimboo. When visiting other websites, however, you are subject to and should review each website’s individual terms of use and privacy policy. Akimboo takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by such advertisers.
TERMINATION
Akimboo reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. Akimboo further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice. No refunds will be granted after 30 days from date of purchase.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site infringes your copyright, you should notify Corbin Group of your copyright infringement claim in accordance with the following procedure. Corbin Group will process notices of alleged infringement which it receives and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to Corbin Group by mail at 410 North Street, Decorah, Iowa 52101. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are a user outside the United Sates and are not subject to the DMCA, you should notify Corbin Group of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws including, but not limited to, the Canadian Copyright Act.
NO WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS OR ANY GOODS OR SERVICES SOLD THROUGH THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ANY GOODS OR SERVICES SOLD THROUGH THIS SITE, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.
EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE PURCHASE OF GOODS OR SERVICES SOLD THROUGH THIS SITE, OR ANY WEBSITE WITH WHICH THIS SITE MAY BE LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
These Terms of Use give you specific legal rights and you may also have other rights which vary by jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
INDEMNITY
You agree to defend, indemnify and hold harmless Akimboo, Corbin Group, its subsidiaries and affiliates together with their respective directors, officers, managers, members, employees and agents, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Site, any content you submit, post to, or transmit through this Site or your breach or alleged breach of these Terms of Use.
NO MEDICAL ADVICE
The products and content provided on the Site, including but not limited to video, audio or text presentations, are not intended to and do not provide medical advice. This includes products or content authored, created, or produced by doctors or other medical professionals. You acknowledge that your use of the Site is at your own risk. Please consult your physician before beginning using the Site.
LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. If you provide us any information through the Site, you agree to provide true, accurate, current and complete information about yourself. You agree not to attempt to upload or transmit through the Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or system. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. If you become aware of misuse of this Site by any person, then please contact the Site Administrator at info@corbingroup.biz with your concerns. Corbin Group reserves all rights and remedies available to it.
GENERAL PROVISIONS
These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use, will be substituted with a valid and enforceable provision reflecting the intent of the invalid provision, and does not affect the validity and enforceability of any remaining provisions. No provision of these Terms of Use shall be waived except with prior written consent of Corbin Group. The failure to exercise, or delay in exercising, any right or remedy under these Terms of Use will not operate as a waiver. These Terms of Use may be assigned by Corbin Group in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Failure to act with respect to a breach of this agreement does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.
MODIFICATION
Akimboo reserves the right to modify or amend these Terms of Use without notice at any time. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site. Use by you of the Site following any modifications or amendments to these Terms of Use shall signify your acceptance of such modifications or amendments.
NOTICES
Except as explicitly stated otherwise, any notices shall be given by postal mail to Corbin Group, 410 North Street, Decorah, Iowa 52101 (in the case of notice to Akimboo) or to the email address you provide to Akimboo (in the case of notice to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to Akimboo. In such case, notice shall be deemed given 3 days after the date of mailing.
CONTACTING AKIMBOO
Any questions, comments, or issue with this Site should be addressed to the Site Administrator at info@corbingroup.biz. The website www.akimboo.com is operated by Corbin Group, LLC. The site is owned by Corbin Group, LLC, located at 410 North Street, Decorah, Iowa 52101
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Agreement is governed by, and construed in accordance with, the laws of the State of Iowa, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Iowa or, if appropriate, the United States District Court for the State of Iowa for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
DISPUTE RESOLUTION
In the event of any controversy or claim arising out of or relating to these Terms of Use, the parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. You acknowledge that your violation or breach of these Polices and Terms of Service may cause irreparable harm to Akimboo or Corbin Group. Accordingly, you agree that in addition to any other remedies to which Corbin Group may be legally entitled, Corbin group shall have the right to seek immediate injunctive relief in the event of such violation or breach by you or any of your officers, employees, consultants or other agents.