Last Updated: July 1, 2024

 

Agreement to Terms of Use

The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. websites, mobile applications, and all other services we provide (hereinafter the “Services”). Please read the Terms carefully. Your use of the Services constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the Services.

 

This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.

 

Changes to Terms of Use

We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.’s websites and/or mobile applications (collectively, the “Site”). Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.

 

 

 

Part One: Terms Governing Use of the Site and Services

 

 

 

 

Emergencies

 

 

THIS SITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS SITE.

 

Age Limitations

This Site and the Services are intended and only suitable for individuals 18 years of age and above. Some of the content on this Site may not be appropriate for children. Children under the age of 13 are not permitted to use this Site. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing the Site. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. hereby disclaims all liability for use by individuals under the age of 18.

 

Restricted Use

You may use this Site only to the extent that you obey all laws, rules, and regulations applicable to your use of this Site.

 

Your Privacy

Upon acceptance of these Terms you confirm that you have read, understood, and accepted GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.’s Online Privacy Policy and HIPAA Notice.

 

Registration

Registration is not required to view certain content on the Site. However, to use some parts of the Site and Services you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Site, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the Site using your Credentials without your authorization, e-mail us immediately at contact@gracejkimdo.com.

 

Transactions

If you wish to purchase products or services described or linked to on the Site (each such purchase, a “Transaction”), GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. or the third party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. You understand that, if any such information is provided to GRACE J. KIM, DO, OSTEOPATHIC CARE, PC., then GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. shall treat any such information in the manner described in our Online Privacy Policy. By supplying such information, you grant GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.

 

Descriptions or images of, or references to, products or services on the Site do not imply GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.’s acceptance of any order. Price and availability of any product or service are subject to change without notice. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the Site may be obtained by sending an email to contact@gracejkimdo.com.

 

Social Media and Online Communities

GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, YouTube or other similar sites (collectively, “Social Media Sites”). GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on this Site. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Site. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable terms and conditions such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.

 

If you participate in GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis, and without any compensation due to you and you grant GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. a perpetual, worldwide, royalty-free, transferable, and sub-licensable, right and license to use, copy, distribute, modify, create joint and derivative works, your content, postings and Tagged Content in any form or format. You further agree that (a) you will not post, transmit, or link to any material, websites, Tagged Content or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech; (b) you may only post, upload or transmit photos or materials for which you have the copyright or other permission to distribute electronically citing the original source; (c) you may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights; (d) you agree that any Tagged Content or materials you post or upload will be owned by you or be in the public domain; (e) you may not intentionally post, create, upload or transmit any software or other material that contains a virus or other harmful code or device; (f) you may not solicit other users, or distribute advertising, for products or services through the Site, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Site; (g) if you choose to submit Tagged Content or post items in public or “chat” portions of the Site, such material, information, photographs, and other information you post in these public or group areas is available to the other individuals using this Site and GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever; (h) you will always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information; (i) you will not post any material that violates any law or regulation; (j) you will not impersonate any other person or use the identity of some other living person; and (k) your postings will truthfully reflect your own experience.

 

GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. may terminate or restrict your access to any GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. online community, including access through the Site.

 

Selection and Removal of Tagged Content

GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. will review Tagged Content and select certain Tagged Content for posting on our Site; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms, other applicable terms of use and applicable laws. If your Tagged Content is posted to our Site, you may request removal of your Tagged Content by marking it as “private” in your Social Media Site account or by emailing us at .

 

Monitoring

We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Site or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.

 

Copyright Notice

This Site is owned and operated by GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by GRACE J. KIM, DO, OSTEOPATHIC CARE, PC., are licensed to it, or are used with permission. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. and its licensors retain and reserve all proprietary rights to the contents of this Site.

 

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. You may link to, view, download, use, display and print a single copy of the materials found on this Site only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. All rights reserved.” Any other use of the Site or the information contained here is strictly prohibited. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

 

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Site infringes a valid copyright owned by you, you (or your agent) may send GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. a notice requesting that the material be removed, or access to it blocked. This request should be sent to: GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. 1560 Sunnyvale-Saratoga Rd, Ste 100, Sunnyvale, CA, USA 94087.

 

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above.

 

Trademark Notice

GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. All rights are reserved. You are not authorized to use any GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. All other trademarks appearing on the Site are the property of their respective owners.

 

Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

 

 

Part Two: Additional Legal Terms

 

 

 

 

Representation and Warranties

 

 

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this Site will be in compliance with these Terms.

 

No Warranties

USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. OR THROUGH THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GRACE J. KIM, DO, OSTEOPATHIC CARE, PC., ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL MEET YOUR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

 

GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

Indemnity

BY VISITING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GRACE J. KIM, DO, OSTEOPATHIC CARE, PC., AND ANY AFFILIATED GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. OF THE POSSIBILITY OF SUCH CLAIM.

 

Limitation of Liability and Damages

THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICE IS TO STOP USING THE SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE MATERIALS ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

 

Disputes - Mediation Required

If a dispute, controversy or claim related to, arising from or regarding your use or access to

this website, your relationship with GRACE J. KIM, DO, OSTEOPATHIC CARE, PC., or these

Terms and Conditions, of ANY kind arises (“Dispute”), to expedite resolution and reduce the

cost of any Dispute, you agree to FIRST negotiate any such Dispute through a mediation for

at least 180 days prior to initiating an individual arbitration (as discussed below). You agree

that in the event of any Dispute, you shall FIRST deliver a written notice seeking mediation

to: GRACE J. KIM, DO, OSTEOPATHIC CARE, PC., 1560 Sunnyvale-Saratoga Rd, Ste 100,

Sunnyvale, CA, USA 94087; with an email copy to: contact@gracejkimdo.com . You also agree that you and GRACE J. KIM, DO, OSTEOPATHIC CARE, PC., shall mutually agree upon the selection of a mediator, and that the mediation shall

take place in Sunnyvale, California. “Disputes” between you and GRACE J. KIM, DO, OSTEOPATHIC CARE, PC., including its

processors, representatives, employees, insurance carriers, franchise owners, suppliers or

licensors or their respective affiliates, agents, or directors are defined for the purposes of

these Terms to include any claim, controversy, or dispute (whether involving contract, tort,

equitable, statutory, or any other legal theory) between you and GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. including,

but not limited to, any claims relating in any way to these Terms (including its breach,

termination, or interpretation), any other aspect of our relationship, GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.

advertising, and any use of GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. services. You agree and acknowledge that the

party initiating the mediation shall be solely responsible for payment of the mediation fees

(arbitrator expenses, any meeting room expense, and any travel expenses). Each party

shall pay its own fees for its attorney. You agree and acknowledge that your failure to first

mediate ANY Dispute as discussed above shall constitute a knowing, voluntary, permanent,

and complete waiver of any alleged claims.

 

Disputes - Binding Individual Arbitration

In the event that mediation does not result in a resolution of a Dispute after 180 days of the

date a written mediation request is issued by the party seeking mediation and delivered to

the receiving party, AND either party subsequently elects to pursue the alleged underlying

and unresolved alleged claims, you and GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. agree to arbitrate ALL Disputes,

and you shall send a written notice demanding arbitration to the address (and in the same

manner) set forth above in the mediation section. Arbitration is more informal than a lawsuit

in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case

will be decided by a neutral arbitrator who has the power to award the same damages and

relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE

 

ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE

ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS

ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE

DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.

Corp. If any provision of this arbitration agreement is found unenforceable, the

unenforceable provision shall be severed, and the remaining arbitration terms shall be

enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved

finally and exclusively by binding individual arbitration with a single arbitrator administered

by the American Arbitration Association according to this provision and the applicable

arbitration rules for that forum. Consumer claimants (individuals whose transaction is

intended for personal, family, or household use) may elect to pursue their claims in their

local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C.

§§ 1-16, fully applies. Any arbitration hearing will occur in Sunnyvale, California. The

arbitrator’s award shall be binding on the parties and may be entered as a judgment in any

court of competent jurisdiction. If you prevail on any claim for which you are legally entitled

to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you

are seeking relief, GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. will not seek to have you pay its attorney’s fees, even if

fees might otherwise be awarded, unless the arbitrator determines that your claim was

frivolous. You agree and acknowledge that the party initiating the arbitration shall be solely

responsible for payment of the mediation fees (mediator expenses, any meeting room

expense, and any travel expenses). For purposes of this arbitration provision, references to

you and GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. also include respective subsidiaries, affiliates, agents, employees,

predecessors, successors, and assigns. Subject to and without waiver of the arbitration

provisions above, you agree that any judicial proceedings (other than small claims actions

in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction

and venue in the state courts in Sunnyvale, California, or federal court for the District of

California.

 

Jurisdiction

Information provided on GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.’s Site is not targeted to users in any particular

locality nor is it intended to constitute the doing of business in any jurisdiction. This Site is a

service provided by GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. and does not constitute any contact with any jurisdiction

outside the State of California. Use of this Site is prohibited in any jurisdiction having laws that

would void this Agreement in whole or essential part or which makes accessing the Site

illegal. Users in such jurisdictions visit and use this Site entirely at their own risk. Note: the

 

essential parts of this Agreement include, without limitation, the exclusive venue and

exclusive remedy provisions and the warranty disclaimers.

 

This Agreement is entered into and performed in the State of California, United States of

America. It is governed by and shall be construed under the laws of the State of California,

exclusive of any choice of law or conflict of law provisions.

 

Requests for Information

If you contact GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Policy.

 

Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

 

Links to Other Websites

GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.’s Site may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. expressly disclaims any liability for these websites. Please remember that when you use a link to go from our Site to another website, our Online Privacy Policy and HIPAA Notice is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Site, is subject to that website’s own rules and policies.

 

Downloadable Files and Email

GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. cannot and does not guarantee or warrant that email or files available for downloading from its Site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. does not assume any responsibility or risk for damage to your computer or its files related to your use of the Services.

 

 

 

Part Three: SMS Terms of Service

 

 

 

 

About GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts

 

 

GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts (the “Service”) are text messages that contain promotion alerts for select special offers, health tips, and sales.

 

How do I sign up for GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts?

Sign up for GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts by texting START to the short code. Upon submission of your mobile number (“Your Mobile Number”) to GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alert program, you will receive an SMS text message requesting you to confirm that you consent to receive text messages to Your Mobile Number. By signing up, you will receive approximately four (4) auto text messages per month; no purchase necessary to participate. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts are not mobile spam. The Service is a recurring message program and is only valid in the U.S.

 

Billing/Pricing, Opt Out, Supported Carriers, or Help questions?

Is it free?

Although all GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts are complimentary, message and data rates may apply. Depending on your text plan, you may be charged by your carrier. By enrolling in the Service, you certify that you are 18 or older and that (a) you are the account holder or (b) you have the account holder’s permission to do so.

 

Opt Out

To stop receiving only GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts, simply text STOP to the short code. After doing so, you will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. text messages to Your Mobile Number.

 

What if I want to opt back in?

You can start receiving GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts again by following the steps outlined in the above section: "How do I sign up for GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts?"

 

What are the Participating Carriers?

The Service is available on many carriers including AT&T, U.S. Cellular, Verizon Wireless, Sprint, Virgin Mobile, Cricket, Boost, Metro PCS, Nextel and T-Mobile. The Service is not compatible with all cell phone models. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  and any participating Carriers are not liable for any delayed or undelivered text messages.

 

Help

For help, simply text HELP to the short code or email contact@gracejkimdo.com.

 

Privacy Policy

You can view our privacy policy by clicking here.

 

Mobile Services Terms and Conditions

Definitions

“You” means the person who signs up to participate in, or uses in any way, GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts. “We,” “our,” “us,” and “provider” refer to GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  Company, as well as any other person or entity providing any service, applications or content to you from us or on our behalf.

 

“Applications” and/or “Content” refer to any file, device or software that can be downloaded by you to either a computer or a wireless device such as a handset or a personal digital assistant.

 

“Service” means the GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts, Applications, or Content.

 

Acceptance by You

By using the Service provided by us, you have agreed to be bound by these terms and conditions (this “Agreement”). If you do not agree with this Agreement, you must immediately cease using the Service and opt-out, as described above. We may update or amend this Agreement at any time, and such amendments will be effective upon our posting of the updated Agreement at gracejkimdo.com//SMS (the “Website”). We may also elect to send you a text message to Your Mobile Number to advise you of such amendments. You may review this Agreement, and any amendments hereto, at any time by accessing the Website. If you do not agree to the Agreement as amended, you must immediately cease using the Service and opt-out, as described above. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Agreement, as amended.

 

Service Description and Message Frequency

GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts offer promotion text messages for select GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  special offers, health tips, and sales. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  will send approximately four (4) auto text messages per month. Commands

 

Stop: At any time, you can text STOP to the short code. You will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive any GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  text messages to Your Mobile Number, unless you opt-back in.

 

Help: At any time, you can text HELP to the short code. Texting HELP will return information on subscribing, unsubscribing and as well as additional contact information.

 

Contact Information

You represent that you are the account holder or you have the account holder’s permission to enter Your Mobile Number in the GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. Alerts Service and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with the provider regarding your use of the Service, including that you agree to advise us immediately if you cease being the subscriber or regular user of Your Mobile Number.

 

Dispute Resolution

We hope to make you a happy customer, but if there’s an issue that needs to be resolved, this section outlines what is expected of both of us. Most customer concerns can be resolved quickly and to your satisfaction by contacting us. In the unlikely event that we are unable to resolve your concern or a complaint that you may have, we each agree to resolve any and all disputes through binding arbitration or small claims court as set forth below.

 

Mandatory, Bilateral Arbitration. Please read this carefully. It affects your rights. YOU AND THE GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  COMPANY AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and the provider hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

 

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

 

You and GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. , however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. Unless you and GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  agree otherwise in writing, the arbitration will take place in the county of your home address.

 

Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

 

Additional Terms & Conditions for all GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.  SMS Text Programs

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THIS SERVICE OFFERED TO THE PUBLIC BY PROVIDER COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.

 

Limitation of Liability

We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

 

Applicable Law

Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of California.

 

 

 

 

 

 

 

Notice for California Users

 

 

If you have a question or complaint regarding the Services provided to you by GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. please contact us at to receive further information regarding the Services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

 

Other Provisions

Except as expressly provided in these Terms, these terms are a complete statement of the agreement between you and GRACE J. KIM, DO, OSTEOPATHIC CARE, PC., and they describe the entire liability of GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. and its vendors and suppliers and your exclusive remedy with respect to your access and use of this Site. In the event of a conflict between these Terms and any other GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. agreement or policy, these Terms shall prevail on the subject matter of this Agreement. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. may have under trade secret, copyright, patent, or other laws. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

 

Assignment

You may not assign any rights or obligations under this Agreement without GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.’s prior written consent. GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. may assign all or part of this Agreement.

 

Survival

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

 

Waiver

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Notices

You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.

 

Severability

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

 

Entire Agreement; Amendment

This Agreement constitutes the entire agreement between you and GRACE J. KIM, DO, OSTEOPATHIC CARE, PC. applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.

 

Conflicting Terms

Anything on the Site inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

 

Contact Information

Please contact us with any questions or concerns regarding this Agreement at:

 

GRACE J. KIM, DO, OSTEOPATHIC CARE, PC.

1560 Sunnyvale-Saratoga Rd, Ste 100

Sunnyvale, CA, USA 94087

Email: contact@gracejkimdo.com