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Terms of Service

Last updated: December 23, 2011

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE KARMA SCIENCE MOBILE APPLICATION. BY USING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND THE KARMA SCIENCE PRIVACY POLICY. THESE TERMS AND OUR PRIVACY POLICY SUPPLEMENT, BUT DO NOT OVERRIDE, THE LICENSE APPLICATION END USER LICENSE AGREEMENT (“License”). IF YOU DO NOT AGREE TO THE FOREGOING, DO NOT USE THE APPLICATION.

  1. General

    The Karma Science Mobile Application (the “Application”), together with the features, content, applications, tools and services that may be used or accessible by means of the Application (the “Services”), may be used for personal non-commercial use strictly in accordance with these Terms of Service (“Terms”), the License, our Privacy Policy and the applicable usage rules established by your mobile device platform or service provider ("Usage Rules").

  2. Competent to Enter Into a Binding Agreement

    By using the Application and Services, you are representing that you are of legal age (18 years and over), legally competent to enter into a binding agreement and are not otherwise prohibited from using or receiving the Application and Services pursuant to applicable law.

  3. Prohibited Conduct

    You agree that you will not use the Application or Services for any revenue generating endeavor, commercial enterprise or other purpose for which it is not designed or intended, including any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.

  4. Services Provided by Affiliates and Third Parties

    Some or all of the Services may be provided by third parties and you may be subject to the terms of service of those third parties in addition to these Terms.

  5. Compatibility with Mobile Devices

    Karma Science does not warrant that the Application or Services will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.

  6. Changes to the Application or Services

    We may issue upgraded versions of the Application and may automatically upgrade the version of the Application on your mobile device. You consent to such automatic upgrade. We may change, expand and improve the Application and Services. We may at any time cease to continue operating part or all or selectively disable certain aspects of the Application or Services.

  7. Carrier Charges

    You acknowledge and understand that the Application and Services require and utilize phone service, data access or text messaging capability. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.

  8. Your Account Information

    You are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account or password. It is your responsibility to advise us if you are aware of any unauthorized access to your account. Karma Science and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.

    You are required to provide accurate and complete information when you create your account with us, and you are required maintain at all times true, accurate and complete information related to your account. We are under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the Application and Services. You are prohibited from utilizing alter-egos or other disguised identities when utilizing the Application or Services. You are under no obligation to use or continue to use the Application or Services and may cease use of the Application or Services without notice to Karma Science.

  9. Security and Privacy

    Certain personal information and other information provided by you may be stored on your mobile device even if such information is not collected by Karma Science. It is your responsibility to maintain the security of your mobile device from unauthorized access. Use by Karma Science of any personal information about you is subject to our Privacy Policy.

    While Karma Science makes commercially accepted efforts to maintain the security of customer transactions, its liability in cases of third party theft or misuse is limited to the funds which Karma Science has already collected in reference to the your most recent order.

  10. Third Parties

    Some of the information, materials, content and services which you may access using the Application are owned or provided by third parties. Karma Science makes no representations whatsoever concerning such third parties, including, any transaction you enter into directly with any third party. Karma Science shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your business with any third party.

    We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the information accessible using the Application. Where appropriate, we will endeavor to update information accessed using the Services on a timely basis, but shall not be liable for any delay or inaccuracies related to such updates.

    In no event shall any third party mobile device platform or service provider have any obligation to you whatsoever to furnish any maintenance and support services with respect to the Application or Services.

  11. Electronic Communications

    When you use Karma Science 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 our 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.

  12. Trademarks

    Karma Science and other marks we use in connection with the Application and our website are registered trademarks of Karma Science Inc. or its subsidiaries in the United States and other countries. In addition Karma Science graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Karma Science Inc. or its subsidiaries. Karma Science's trademarks and trade dress may not be used in connection with any product or service that is not Karma Science’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Karma Science. All other trademarks not owned by Karma Science or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Karma Science or its subsidiaries.

  13. Copyright/Trademark Complaints

    Karma Science respects the intellectual property of others. If you believe that your work has been copied, or infringed, in a way that constitutes copyright infringement or trademark infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below.

  14. Product Descriptions

    Karma Science attempts to be as accurate as possible. However, much of the product information associated with the Application and Services is provided by third parties for which Karma relies on to be accurate and non-misleading. Accordingly, Karma Science does not warrant that the Application and Services, product descriptions, and other content on this stie are complete, accurate, non-misleading, reliable, current or error-free. If a product or service offered and/or sold to you by Karma Science is not as described, your sole remedy with respect to Karma is to return it in unused condition.

  15. Advertised Prices

    In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

  16. Risk of Loss

    All items purchased from Karma Science are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

  17. Returns, Refunds and Title

    Karma Science does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Karma Science does not take title to the refunded item.

  18. Honoring Your Payment Commitments

    When you make a purchase using the Application you are representing to us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

  19. Unlawful Activity

    We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

  20. Karma Science Credits

    Karma Science booking credit is not redeemable for cash or cash equivalents, is non-transferable and may not be applied towards prior purchases. Other restrictions may apply. We reserve the right to discontinue this offer at any time and for any reason. Any abuse of booking credits, as determined by us in our sole discretion, may result in the rescission of your referral credit and the inability of you to participate in this offer in the future.

  21. Disclaimer Of Warranties And Limitation Of Liability

    Any use of the Application or Services shall be at your sole risk. Karma Science disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the material accessible by use of the Application or Services.

    THE APPLICATION AND SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KARMA SCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR SERVICES.YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND SERVICES IS AT YOUR SOLE RISK.

    TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KARMA SCIENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KARMA SCIENCE DOES NOT WARRANT THAT THE SERVICES KARMA SCIENCE'S SERVERS, OR THE E-MAIL YOU RECEIVE AS A RESULT OF YOUR USE OF THE APPLICATION OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KARMA SCIENCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

    WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE APPLICATION OR SERVICES, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE APPLICATION OR SERVICES OR ANY FEATURES THEREOF, (C) YOUR USE OF THE APPLICATION OR SERVICES, (D) THE CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE APPLICATION OR SERVICES, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.

    THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE APPLICATION OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID KARMA SCIENCE, OR IF YOU HAVE NOT PAID KARMA SCIENCE THEN THE AMOUNT SHALL NOT EXCEED $100, AND THESE AMOUNTS SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATES.

    ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE APPLICATION AND SERVICES MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED. 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. KARMA SCIENCE DOES NOT WARRANT THAT ITS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, KARMA SCIENCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

  22. Indemnification

    You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms, the License, or use of the Application or Services.

  23. Applicable Law

    By using the Application, you agree that the laws of the State where you are a resident, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Karma Science or its affiliates. If you reside outside the United States then the laws of the state of California will govern any dispute consistent with the terms herein.

  24. Miscellaneous

    The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Application or the Services is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any termination of your use of the Application.

  25. Disputes

    Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be first submitted to confidential binding arbitration in San Francisco, California, for those claims that may arbitrated under the Applicable Law identified in Section 23. The parties shall choose a single arbitrator designated by the American Arbitration Association. The arbitration proceeding shall in all cases be governed by the Commercial Arbitration Rules and Procedures of the American Arbitration Association then in effect. The award of the arbitrator shall be final and binding on all parties hereto and provide for costs and attorneys’ fees to be paid to the substantially prevailing party. For those claims deemed not subject to arbitration under the Applicable Law, after conclusion of the arbitration, either party may file a civil action in the state or Federal Courts of the County of San Francisco, California. To the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Francisco County, California for any dispute between you and Karma Science. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.

  26. Updates or Revisions to These Terms

    From time to time, we may post on our website revisions of existing policies or new policies. Please review them and they govern your use of the Application and Services. We reserve the right to make changes to the Application, the Services and our policies at any time.

  27. Notice and Procedure for Making Claims of Copyright Infringement

    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Karma Science's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Karma Science and its affiliates that your copyrighted material has been infringed by us. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site or application, including the product name, if applicable; Your address, telephone number, and e-mail address; 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; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Karma Science's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
    Karma Science Legal Department
    120 Second St, 4th Floor
    San Francisco, California 94105.
    Email: contact@getkarma.com.

  28. Contacting Us

    Our Corporate Address is:
    Karma Science, Inc.
    120 Second St, 4th Floor
    San Francisco, California 94105
    You may also contact our support team at contact@getkarma.com.