Terms of Use

YourKampo Inc. (“YourKampo,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our online services (the “Services”), which are made available to you through our website located at Takecareof.com (the “Website”). We provide Visitors (as defined below) with access to the Website, and Customers (as defined below) with access to the Services subject to the following Terms of Use. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website and/or the Services. We may change the terms and conditions of these Terms of Use from time to time, provided, however, if we make any material changes, we will notify you by email (sent to the email address specified in your account) prior to the changes becoming effective.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

You acknowledge and agree that Your Kampo does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Your Kampo does not evaluate the need to seek medical attention, through the Website and the Services. The Website, the Services and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

2. DESCRIPTION AND USE OF SERVICES

Through the Services, we help you to build your own Chinese Herbs and pack of supplements and/or vitamins that we deliver to you in packaged boxes on a one-time payment basis (“Payment”).

We provide Visitors and Customers with access to the Website and the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us, and (iii) chat with us via our website.

Customers. Login is required for all Customers. Customers can do all things that Visitors can do, and can also access their personal account information, post Consumer Content and use the Services.

Your Kampo is under no obligation to accept any individual as a Customer, and may accept or reject any registration in its sole and complete discretion.

3. USE OF PERSONAL INFORMATION

Your use of the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy (located at Privacy section below), which is hereby incorporated by reference in its entirety.

4. PRODUCT DESCRIPTIONS AND AVAILABILITY

(a) Product Descriptions. Our Website contains descriptions of dietary chinese herbs, supplements and vitamins. We attempt to be as accurate as possible with the descriptions of the chinese herbs, supplements and/or vitamins that are made available to you through the Services (collectively, the “Products”). However, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change.

(b) Shipping. Our packages are shipped via USPS Priority Mail and packages are delivered between 5-7 business days after ordering. In the event of shipping delays, please expect to be contacted by a representative of the YourKampo team.

(c) Refunds. We do NOT take any refunds after we shipped Personalized Chinese herbs.

5. COMMUNITY GUIDELINES

YourKampo’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community rules and that: You will comply with all applicable laws in your use of the Website and the Services and will not use the Website and the Services for any unlawful purpose; You will not access or use the Website and the Services to collect any market research for a competing business; You will not upload, post, e-mail, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information; You will not “stalk” or otherwise harass another; You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website or the Services; You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Website, or the Services; You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, or the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; You will not use, frame, or utilize framing techniques to enclose any YourKampo’ trademark, logo, or other proprietary information (including the images found on the Website and the Services, the content of any text, or the layout/design of any page or form contained on a page) without YourKampo’ express written consent; You will not use meta tags or any other “hidden text” utilizing a YourKampo’ name, trademark, or Product name without YourKampo’ express written consent; You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; You will not interfere with or attempt to interrupt the proper operation of the Website and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and the Services through hacking, password or data mining, or any other means; and If you find something that violates our Community Guidelines, please let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Website and the Services, or any portion of the Website and the Services, without notice, and to remove any comments that do not adhere to these guidelines.

6. REGISTRATION METHOD

We use a third-party service Google for the registration. You will be asked to create an account when purchasing our recommended Chinese herb. You cannot create multiple accounts using the same email. We reserve the right to delete your account at any time and for any reason.

7. PAYMENT FEES, PAYMENTS

You acknowledge and agree that by ordering Personalized Chinese herbs, you are signing up for a purchase with us. You agree to pay all applicable payment fees made known to you when you order your Personalized Chinese herbs (“Payment Fees”). We may use a third party payment vendor (“Third-Party Payment Vendor”) to process your payment of the Fees. You warrant and represent that you are the valid owner or an authorized user of the credit card or other payment card to such Third Party Payment Vendor, and that all information you provide is accurate. You may cancel at any time by notifying us in writing no later than five (5) business days before your next package is shipped, and the cancellation will take effect for the following month. Before the end of each month, we will send you a reminder e-mail informing you that your next box of Personalized Chinese herb is ready to ship. Again, if you do not cancel, then your next box of the Personalized Chinese herbs will ship and applicable Payment Fees will be charged to your credit card. Your right to use the Service or a specific product is conditional upon our receipt of payment Fees. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.

8.TRACKING PACKAGES

All of our products wil be shipped via USPS, UPS or Fedex. You will reeceive tracking information once we ship out our products.

9. INTELLECTUAL PROPERTY

The Website and the Services contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of YourKampo (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content. The trademarks, service marks, and logos of YourKampo (“YourKampo Trademarks”) used and displayed on the Website and the Services are registered and unregistered trademarks or service marks of YourKampo. Other company, product, and service names located on the Website and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the YourKampo Trademarks, the “Trademarks”). Nothing on he Website and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the YourKampo Trademarks inures to our benefit. Elements of the Website and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

10. CUSTOMER CONTENT

Customers may post and/or create content through the Website and the Services, including but not limited to, reviews and comments about the Personalized Chinese herbs (collectively, the “Customer Content”). We cannot and do not review it all–we are merely acting as a passive conduit for distribution of the Customer Content to other users of the Website and the Services. That said, we may remove Customer Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us in our sole discretion. You expressly acknowledge and agree that once you submit your Customer Content for inclusion into the Website and the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Customer Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT NOHO HEALTH, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CUSTOMER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE AND THE SERVICES. You retain all copyrights and other intellectual property rights in and to the Customer Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Customer Content as reasonably necessary to provide the Website and the Services. If you submit Customer Content to us, each such submission constitutes a representation and warranty to Your Kampo that such Customer Content is your original creation (or that you otherwise have the right to provide the Customer Content), that you have the rights necessary to grant the license to the Customer Content under the prior paragraph, and that it and its use by YourKampo and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates the terms of this Agreement.

11. Reposting of Your Social Media Content

From time to time, YourKampo’s social media accounts (including Instagram, Twitter, Facebook, and Pinterest) repost a consumer’s photos, experiences, or stories from their personal social media account. YourKampo will never repost your personal social media content (“User Generated Content”) without first obtaining your express written permission. By agreeing to allow YourKampo to use your UGC, you represent and warrant: · You own all rights to the UGC and have the right to grant YourKampo a license to use the UGC (including any material embodied in the UGC); · You have express permission from any person, living or dead, in the UGC to use their likeness; · The UGC does not contravene or infringe on anyone else’s copyright or other intellectual property, moral rights, privacy or publicity rights; and · The UGC does not in any way violate any law, or the applicable social media platform’s terms of use, privacy policy, or other applicable rules or conditions. Further, by agreeing to allow YourKampo to use your UGC, you agree to grant YourKampo an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the UGC and all elements of the UGC, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party. You hereby release, discharge and agree to hold YourKampo and any person acting on YourKampo’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the UGC.

12. COMMUNICATIONS TO US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

13. NO WARRANTIES/LIMITATION OF LIABILITY

THE WEBSITE, THE PRODUCTS, THE CONTENT, THE CUSTOMER CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE. WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR. YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR MEDICAL ADVISORS BEFORE STARTING ANY DIET, EXERCISE, OR SUPPLEMENTATION PROGRAM. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITES. INFORMATION PROVIDED ON THE WEBSITE AND THE USE OF ANY SERVICES PURCHASED FROM OUR WEBSITE BY YOU DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH OUR WEBSITES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.

14. EXTERNAL SITES

The Website and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

15. MINORS

Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Websites must be 18 years of age or older or provide parental consent (see our Privacy Policy.)

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Website, or the Services; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

17. COMPLIANCE WITH APPLICABLE LAWS

The Website and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

18. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

19. DIGITAL MILLENNIUM COPYRIGHT ACT

YourKampo respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

YourKampo LLC Attention:

If you believe that your work has been copied on the Website and/or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

20. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement or the Services or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent YourKampo from seeking injunctive relief in any court of competent jurisdiction as necessary to protect YourKampo’s proprietary interests.

21. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

22. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Subscription Fees, Payments and Automatic Renewals,” “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will insure to the benefit of our successors, assigns, licensees, and sublicensees.

Copyright 2021 YourKampo LLC. All rights reserved.

Privacy Notice

We at YourKampo Inc. (“YourKampo,” “we,” “us,” or “our”) have created this privacy notice (this “Privacy Notice”) because we know that you care about how information you provide to us is used and shared. This Privacy Notice relates to the information collection and use practices of Privacy Notice in connection with our Services, which are made available to you through our website located at yourkampo.com (the “Website”).

Description of Users and Acceptance of Terms

This Privacy Notice applies to visitors to the Website, who view only publicly-available content (“Visitors”), and customers who have purchased a product to our Services (“Customers”). By visiting our Website, Visitors are agreeing to the terms of this Privacy Notice and the accompanying Terms of Use. By purchasing a Subscription, each Customer is agreeing to the terms of this Privacy Notice and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Notice shall have the meaning set forth in our Terms of Use.

Information We Collect and/or Receive

In the course of operating the Website, and the Services, YourKampo will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.

Personal Information:
In order for us to help you build your Personalized Chinese herbs, you will be asked to provide us with personal information about yourself, such as your first name, e-mail address, gender, age and zip code. If you would like to purchase a product to our Services, you will be required to provide us with additional personal information about yourself, such as your name, and shipping address. All information that we receive under this section is collectively called “Personal Information.” We do not collect any Personal Information from Visitors when they use the Website, unless they provide such information voluntarily. However, we do at times collect contact information about prospective customers from third-party sources, including promotional and marketing partners. Wellness Information:
In order for us to help you build your Personalized Chinese herbs, you will be asked to provide us with some information about your health and wellness, including but not limited to, your short-term and long-term health goals, your diet, your lifestyle, your views about health/wellness, and medical conditions that you have experienced or that exist in your family (collectively, the “Wellness Information”). Billing Information:
In order to purchase a Product to our Services, you will be required to provide certain information in addition to the Personal Information noted above. Such information may include a credit card number, expiration date, billing zip code, activation code, and similar information (collectively, the “Billing Information). Such Billing Information will be collected and processed by our Third Party Payment Vendor pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Billing Information. Order Information:
When Customers place an order for their Personalized Chinese herbs, we will also collect and/or receive certain information, including but not limited to, the Products in their Personalized Chinese herbs (“Order Information”). Other Information:
In addition to the Personal Information, Wellness Information, Order Information, and the Billing Information, we may collect additional information (collectively, the “Other Information”). Such Other Information may include: From Your Activity:
In an ongoing effort to improve the Website and the Services, we automatically collect certain information when Visitors visit the Website, and when Customers use the Services. Such information includes, without limitation, IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website Visitors visit, and similar information concerning your use of the Services. From Cookies:
We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Services. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using our online services, as some features and services on our online services may not work properly. Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and perform certain functions with it. Third-Party Analytics & Advertising:
We may use one or more third-party analytics services (such as Google Analytics) to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Services and mobile and Internet usage. We may also permit third-party online advertising networks, social media companies and other third-party advertising services to collect information about your use of our Website over time so that they may play or display ads on our Website, on other devices you may use, and on other websites, apps or services, including on Facebook. These third parties may use cookies, pixel tags (also called web beacons or clear gifs) and other technologies to help analyze and provide us with data and to collect data about consumers directly through our Services for purposes of analyzing and optimizing our Services, delivering ads, providing content and ads that are more relevant, measuring statistics and the success of ad campaigns, and detecting and reporting fraud. We support the self-regulatory principles for online behavioral advertising (Principles) published by the Digital Advertising Alliance (DAA). The Principles allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found at www.aboutads.info. If you want to opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our partners, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/ to place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements. Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt out again. If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions at http://www.aboutads.info/appchoices. Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online Services. It means that the online ads that you do see from DAA program participants should not be based on your interests. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles. Some of the third-party analytics and advertising partners we engage may also provide their own disclosures and opt-out mechanisms in relation to their collection of information from other websites, like our Website. For example, you can learn more about Google’s practices with Google Analytics by visiting Google’s privacy policy here and you can view Google’s currently available Google Analytics opt-out options here. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

How We Use and Share Information

You authorize us to use the Personal Information, Wellness Information, Order Information and the Other Information (collectively, the “Information”) to provide and improve the Website and the Services; to solicit your feedback; and to inform you about our products and services and those of our promotional partners.

You also authorize us to use and/or share Information as described below.

  • Agents, Providers and Related Third Parties:
    We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.
  • Promotional and Marketing Partners:
    We may at times share your contact information with promotional and marketing partners that may send you promotional or marketing communications about their own products and services or the products and services of other third parties.
  • Aggregated Information:
    In an ongoing effort to better understand our Visitors, and Customers, we may analyze Personal Information with Other Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Website and the Services and for our own research purposes. This aggregate information does not identify you
  • Business Transfers:
    As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be transferred as part of or during our consideration of such an event.
  • Legal Requirements:
    We may disclose your Information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate to: (i) operate the Platform, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of vendors, users of the Platform or the public.
  • How We Protect Your Information

    We take commercially reasonable steps designed to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, we cannot guarantee the security of the Information, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, e-mail you send or receive may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

    Accessing and Modifying Information and Communication Preferences

    When registering with our Website, customers may opt out of having their Information used for purposes not directly related to the provision of goods or services through our Website. Customers may also access, remove, review, and/or make changes to the same by following the instructions found on the Website. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Your Kampo marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. Customers cannot opt out of receiving transactional e-mails related to their account with YourKampo.

    Important Notice to Non-U.S. Residents

    The Website, the Services, and their servers are operated in the United States. Please be aware that your information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Website and/or the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

    External Websites

    The Website and the Services may contain links to External Sites. YourKampo has no control over the privacy practices or the content of these External Sites. As such, we are not responsible for the content or the privacy policies of those External Sites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

    Children

    We do not knowingly collect Personal Information from children under the age of 13. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Notice by instructing their children to never provide us Personal Information without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

    California Residents

    If you are a California resident, please click here for a supplemental California Privacy Notice containing additional information about the processing of your personal information and the rights granted to you by California law.

    Nevada Residents

    Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at data-privacy@yourkampo.com with “Nevada Opt-Out” in the subject line.

    Data Retentions

    We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

    Changes to This Privacy Notice

    This Privacy Notice is effective as of the date stated at the top of this Privacy Notice. We may change this Privacy Notice from time to time. Any such changes will be posted on the Website. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or prominent posting on the website prior to the changes becoming effective. By accessing the Website and/or using the Services after we make any such changes to this Privacy Notice, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Notice in effect at the time we collect the Information. Please refer back to this Privacy Notice on a regular basis.

    How to Contact Us

    If you have questions about this Privacy Notice, please contact YourKampo via e-mail at data-privacy@yourkampo.com with “Privacy Notice” in the subject line.