The following terms and conditions govern all use of the http://www.che.or.ke/ website and all content, services and products available at or through the website (taken together, the Website). The Website is operated by “Certain Health Elements LLC”. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, http://www.che.or.ke/privacy-policy) and procedures that may be published from time to time on the Website (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Website or use any services offered therein. If these terms and conditions are considered an offer by Certain Health Elements, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. If you create an account or blog/site on the Website, you are responsible for maintaining the security of your account and blog/site, and you are fully responsible for all activities that occur thereunder and any other actions taken in connection with the blog/site. You must not describe or assign keywords to your blog/site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Certain Health Elements, in its sole and absolute discretion, may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Certain Health Elements You must immediately notify Certain Health Elements of any unauthorized uses of your blog/site, your account or any other breaches of security. Certain Health Elements will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. If you operate a blog/site, comment on a blog/site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
· the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
· if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
· you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
· the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
· the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
· the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
· your blog/site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
· your blog/site is not named in a manner that misleads your readers into thinking that you are another person or company. For purposes of example only, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
· you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Certain Health Elements or otherwise.
By submitting Content to Certain Health Elements for inclusion on your Website, you grant Certain Health Elements a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog/site. If you delete Content, Certain Health Elements will use commercially reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Certain Health Elements has the right (though not the obligation) to, in Certain Health Elements’s sole and absolute discretion: (i) refuse or remove any content that, in Certain Health Elements’s sole and absolute discretion, violates any Certain Health Elements policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Certain Health Elements will have no obligation to provide a refund of any amounts previously paid.
· General Terms. By selecting a product or service, you agree to pay Certain Health Elements the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
· Automatic Renewal. Unless you notify Certain Health Elements before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Certain Health Elements in writing.
· Fees; Payment. By signing up for an account you agree to pay Certain Health Elements the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Certain Health Elements reserves the right to change the payment terms and fees upon thirty (30) days’ prior written notice to you. Services can be canceled by you at any time on thirty (30) days’ written notice to Certain Health Elements.
· Support. If your service includes access to Priority Email Support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Certain Health Elements to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free Certain Health Elements services. All support will be provided in accordance with Certain Health Elements standard services practices, procedures and policies.
5. Certain Health Elements has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Certain Health Elements does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Certain Health Elements disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Certain Health Elements has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which http://www.che.or.ke/ links, and that link to http://www.che.or.ke/. Certain Health Elements does not have any control over those non-http://www.che.or.ke/ websites and webpages, and is not responsible for their contents or their use. By linking to a non-http://www.che.or.ke/ website or webpage, Certain Health Elements does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Certain Health Elements disclaims any responsibility for any harm resulting from your use of non-http://www.che.or.ke/ websites and webpages.
7. As Certain Health Elements asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Certain Health Elements violates your copyright, you are encouraged to notify Certain Health Elements in accordance with Certain Health Elements’s Digital Millennium Copyright Act (“DMCA”) Policy. Certain Health Elements will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Certain Health Elements will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Certain Health Elements or others. In the case of such termination, Certain Health Elements will have no obligation to provide a refund of any amounts previously paid to Certain Health Elements.
8. This Agreement does not transfer from Certain Health Elements to you any Certain Health Elements or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Certain Health Elements. Certain Health Elements, http://www.che.or.ke/, the Certain Health Elements logo, and all other trademarks, service marks, graphics and logos used in connection with Certain Health Elements, or the Website are trademarks or registered trademarks of Certain Health Elements or Certain Health Elements Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Certain Health Elements or third-party trademarks.
9. Certain Health Elements reserves the right to display advertisements on your blog/site unless you have purchased an ad-free account.
10. Certain Health Elements reserves the right to display attribution links such as ‘Blog at http://www.che.or.ke/,’ theme author, and font attribution in your blog/site footer or toolbar.
11. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
12. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
13. Certain Health Elements reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Certain Health Elements may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
14. Certain Health Elements may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your Certain Health Elements account (if you have one), you may simply discontinue using the Website and without any future use. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Certain Health Elements if you materially breach this Agreement; provided that, Certain Health Elements can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The following circumstances will be a cause for immediate termination of the Diggity Links service. Certain Health Elements will not tolerate providing service to any sites that:
1. Use SAPE
2. Use GSA/SENuke/etc directly
3. Using SAPE/GSA/SENuke/etc on tier 2, either through Web 2.0s or “boosted citations”
4. Have or will be using the disavow tool
5. Have had penalties in the past
6. Have removed penalty with a single or double 301 redirect.
7. Are currently using another PBN
15. YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS PROVIDED SOLELY AS A CONVENIENCE TO CERTAIN HEALTH ELEMENTS GUESTS, “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CERTAIN HEALTH ELEMENTS AND/OR THIRD PARTY PROVIDERS MAKE NO EXPRESS WARRANTIES AND DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii)FITNESS FOR A PARTICULAR PURPOSE, (iii) NON-INFRINGEMENT, (iv) WORKMANLIKE EFFORT, (v)QUALITY, (vi)ACCURACY, (vii)TIMELINESS, (viii) COMPLETENESS, (ix)TITLE, (x)QUIET ENJOYMENT, (xi) NO ENCUMBRANCES, (xii) NO LIENS, (xiii) SYSTEM INTEGRATION OR (xiv) THAT ACCESS TO OR USE OF THIS WEBSITE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF CERTAIN HEALTH ELEMENTS OR THIRD PARTY WEBSITE PROVIDER IS ON NOTICE OF SUCH PROBLEMS. YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY CERTAIN HEALTH ELEMENTS, A THIRD PARTY PROVIDER OR THEIR RESPECTIVE EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
1. YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS PROVIDED AS A PRIVILEGE, SOLELY FOR CONVENIENCE, AND USE OF THE WEBSITE DOES NOT IMPOSE LIABILITY OF ANY KIND (OR IN ANY AMOUNT) ON CERTAIN HEALTH ELEMENTS OR A THIRD PARTY PROVIDER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS WEBSITE, ITS FEATURES OR CONTENT, EVEN IF CERTAIN HEALTH ELEMENTS OR ITS THIRD PARTY PROVIDER IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
2. YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF CERTAIN HEALTH ELEMENTS AND ITS THIRD PARTY PROVIDER ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE USE OF THE WEBSITE SHALL NOT EXCEED THE LESSER OF (I) YOUR DIRECT DAMAGES (IF ANY), OR (II) FIFTY DOLLARS ($50.00).
3. YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, (ii) DAMAGES FROM ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, ACCIDENT, MISUSE OR FRAUDULENCE, UNAUTHORIZED USE OF THIS WEBSITE, USE OR LOSS OF USE OF DATA, DELAYS, NON-DELIVERY, MIS-DELIVERY, BREACH OF SECURITY, LINE FAILURE OR WEBSITE INTERRUPTIONS OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU EVEN IF THE SAME IS CAUSED BY CERTAIN HEALTH ELEMENTS’S OR A THIRD PARTY PROVIDER’S OWN NEGLIGENCE, OR (iii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.
In no event will Certain Health Elements or its suppliers or licensors, be liable to you or otherwise with respect to any subject matter of the Agreement or otherwise under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages, including without limitation, loss of profits or diminution of value; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Certain Health Elements under the Agreement during the twelve (12) month period prior to the cause of action. Certain Health Elements shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
18. You agree to indemnify and hold harmless Certain Health Elements, its affiliates and their respective contractors, licensors, and directors (or equivalents thereof), officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the Agreement.
19. The Agreement constitutes the entire agreement between Certain Health Elements and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Certain Health Elements, or by the posting by Certain Health Elements of a revised version. Except to the extent applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website will be governed by the laws of the state of California excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles, CA. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such rules. The arbitration shall take place in Los Angeles, CA in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Certain Health Elements may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
20. By viewing our website and registering for or using the Services, you represent and warrant that:
· You are thirteen (13) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (13) is unauthorized and is a violation of this Agreement.
· If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
· You are not an employee or contractor for Google Inc., Yahoo! or the Microsoft Corporation. Any registration, use of or access to the Services, by anyone under the employment of Google Inc., Yahoo! or the Microsoft Corporation is unauthorized and is a violation of this Agreement.
It is your responsibility to provide accurate, current, and complete information on the registration forms. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Providing false contact information of any kind may result in the termination of your account.