KinesioLogic Fitness LLC Terms of Service and End User License Agreement

Terms And conditions

Effective Date 10/01/2023

Kinesiologic Fitness LLC (“Kinesiologic Fitness”) provides websites and digital resources that enable users (“You”) to access information about Kinesiologic Fitness and its products and/or services (referred to collectively as the “Services”). PLEASE CAREFULLY READ THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“Terms”) BEFORE UTILIZING THE SERVICES.

1. Acceptance of Terms

THESE TERMS, AS AMENDED AND PUBLISHED ON THE KINESIOLOGIC FITNESS WEBSITE, AND INCORPORATING THE KINESIOLOGIC FITNESS PRIVACY POLICY AVAILABLE AT https://www.kinesiologicfitness.com/privacy-policy (the “Privacy Policy”), CONSTITUTE A LEGAL AGREEMENT BETWEEN KINESIOLOGIC FITNESS AND YOU.
YOU MUST REVIEW AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM USING THE SERVICES.

Kinesiologic Fitness reserves the right to modify these Terms at any time and for any reason at its sole discretion. It is Your responsibility to regularly review these Terms. Any modifications to these Terms will be effective immediately upon publication. If You are dissatisfied with any provision of (or modification to) these Terms, Your sole recourse is to terminate Your use of the Services, as outlined in Section 10 (Termination and Continuation) of these Terms. Your continued use of the Services following any change or update to the Terms constitutes Your acceptance thereof.

2. Eligibility

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICES. By using the Services, You affirm and warrant that:
You are 18 years of age or older;
All registration information submitted to Kinesiologic Fitness by You is truthful and accurate;
You will ensure the accuracy of any registration information provided to Kinesiologic Fitness; and
Your use of the Services complies with all applicable laws and regulations.

3. License to Utilize the Services

Subject to Your compliance with these Terms, Kinesiologic Fitness grants You a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license and right to access the Services via a standard web browser or mobile device, to view information, and to utilize the Services.

4. User Profiles

In order to access our Services, you may need to create a user profile (an “Account”). By creating an Account, you affirm that all registration details provided to Kinesiologic Fitness LLC (“Kinesiologic Fitness”) are current, complete, accurate, and truthful. It is your responsibility to promptly update any changes to this information.
You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your Account, whether or not authorized by you. Promptly inform Kinesiologic Fitness of any unauthorized use or security breaches related to your Account and provide requested evidence. Kinesiologic Fitness is not liable for any losses incurred due to unauthorized use of your password or Account, and you agree to indemnify Kinesiologic Fitness for any losses incurred due to another party’s use of your Account or password.
Kinesiologic Fitness reserves the right to suspend or terminate your Account or access to the Services at any time, with or without notice, and to modify or discontinue any service or feature without notice.
Certain Services may require payment of fees to Kinesiologic Fitness. If you purchase any fee-based Services, you agree to provide accurate billing information.

5. Content Ownership

“Content” refers to all material and information, including data, images, text, and multimedia, provided to you through the Services. All Content is provided “as is” and at your own risk.
You acknowledge that all Content is the property of Kinesiologic Fitness and/or its licensors, and you have no intellectual property rights or other rights in any Content.
No Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold without prior written permission from Kinesiologic Fitness.

6. Proper Use

Engaging with our Services in a manner that violates these terms constitutes a breach of Kinesiologic Fitness LLC’s copyright rights concerning the content.
You Must:

• Adhere to all posted terms of service, including these Terms;
• Abide by all applicable laws and regulations, including intellectual property, data, privacy, and export control laws, as well as regulations from government agencies;
• Only upload and distribute data that you own or have obtained all necessary rights for, and do so in accordance with the law;
• Make reasonable efforts to prevent unauthorized access or use of the Services;
• Maintain confidentiality of all passwords and login information;
• Monitor and manage all activity conducted through your Account;
• Promptly report to Kinesiologic Fitness any illegal or unauthorized activity or security breaches involving your account.

Under no circumstances may you use the Services in a way that:

• Is unlawful;
• Could harm, disable, overload, or impair any Kinesiologic Fitness server or connected network;
• Might disrupt another user’s use and enjoyment of the Services;
• Collects or compiles information about other users or their activities related to the Services;
  Attempts to gain unauthorized access to Services, unpublished information, other users’ Accounts, or computer systems and networks connected to Kinesiologic Fitness servers, through hacking or any other means;
• Reverse engineers, decompiles, or disassembles any part of the Content or Services.

7. Communication Channels

By providing your email address to Kinesiologic Fitness LLC (“Kinesiologic Fitness”) and opting into Kinesiologic Fitness communications, you acknowledge and consent to receiving periodic updates about current and upcoming services offered through the Service. You retain the option to unsubscribe at any time by discontinuing your Account, as detailed in Section 10 (Termination and Continuation).

8. Privacy and Security Measures

You acknowledge that any information you provide or that is collected by Kinesiologic Fitness in connection with your use of the Services will be handled according to the terms outlined in these Terms and/or in the Privacy Policy (https://www.Kinesiologic.com/privacy-policy), which is hereby incorporated by reference. Should you disagree with the Privacy Policy, your usage of the Services must cease. While Kinesiologic Fitness endeavors to maintain the privacy and security of your use of the Services and any information provided by you, we cannot guarantee absolute privacy or security. You are solely responsible for implementing appropriate precautions and security measures suited to your circumstances and intended use of the Services.

9. Jurisdictional Compliance and Export Control Laws

Kinesiologic Fitness operates and controls the Services from its offices within the United States. Kinesiologic Fitness makes no representation that the Content and other materials available through the Services are suitable or accessible for use in other locations. Users who access the Services from locations outside the United States do so at their own initiative and are responsible for ensuring compliance with local laws, where applicable.

10. Termination and Continuation

These Terms remain in effect until terminated. Kinesiologic Fitness reserves the right to terminate these Terms with or without prior notice by terminating your Account, as outlined in Section 4 (User Profiles). You may terminate these Terms and your Account by sending an email expressing your intent to terminate to Kinesiologic Fitness at Kinesiologicfitness@gmail.com, Attention: Accounts Department, with the subject line “Account Termination”. Termination is effective upon acknowledgment by Kinesiologic Fitness, provided such acknowledgment occurs within twenty (20) business days of receipt of the termination email.
The provisions of Sections 5 (Content Ownership), 10 (Termination and Continuation), 12 (Warranty Disclaimer; Liability Limitation), 13 (Indemnification), 14 (Legal Jurisdiction and Applicable Law), and 16 (Fees and Billing) shall survive the termination of these Terms.

11. External Links

Kinesiologic Fitness LLC’s website and/or the Services may contain links to third-party sites (“Linked Sites”). These Linked Sites are beyond the control of Kinesiologic Fitness. Kinesiologic Fitness assumes no responsibility for the content, business practices, or privacy policies of Linked Sites, nor for the collection, use, or disclosure of any information by Linked Sites. The inclusion of any link is provided solely for convenience, and it does not imply endorsement by Kinesiologic Fitness of any Linked Site.

12. Warranty Disclaimer; Liability Limitation

In this section, “Kinesiologic Fitness Parties” refers to Kinesiologic Fitness and its affiliates, subsidiaries, officers, directors, shareholders, employees, licensors, distributors, sublicensees, agents, and subcontractors.
YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTIES (INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE), UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. KINESIOLOGIC FITNESS PARTIES DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN NO EVENT SHALL THE LIABILITY OF KINESIOLOGIC FITNESS PARTIES TO YOU EXCEED THE AMOUNT PAID BY YOU TO KINESIOLOGIC FITNESS OR ITS DESIGNEES DURING THE PRECEDING ONE-MONTH PERIOD IN RELATION TO THE APPLICABLE SERVICES THAT GAVE RISE TO SUCH LIABILITY. UNDER NO CIRCUMSTANCES SHALL KINESIOLOGIC FITNESS PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF KINESIOLOGIC FITNESS’ WEBSITE, THE SERVICES, THE CONTENT, OR ANY OTHER CLAIM RELATED TO YOUR INTERACTIONS WITH KINESIOLOGIC FITNESS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE, THE LIABILITY OF KINESIOLOGIC FITNESS AND KINESIOLOGIC FITNESS PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR JURISDICTIONS.

13. Indemnification

You agree to protect, indemnify, and hold harmless Kinesiologic Fitness LLC (“Kinesiologic Fitness”) and its affiliates from and against all claims, losses, expenses (including reasonable attorneys’ fees), and costs arising from:

Your use of the Services or activities related to the Services;

Any violation of these Terms by you or through your Account;

Any allegation that any information, message, or material you provide through the Services infringes upon or violates the rights of any third party, including copyright, trademark, trade secret, or privacy rights.

14. Legal Jurisdiction and Applicable Law

These Terms and any disputes arising from them are governed by the laws of the State of Florida. By using the Services, you consent to the exclusive jurisdiction of the federal and state courts located in the state of Florida, without regard to conflicts of laws principles or the United Nations Convention on Contracts for the International Sale of Goods. Users accessing the Services from locations outside Florida do so at their own discretion and are responsible for complying with local laws.

15. User Contributions

Kinesiologic Fitness does not accept or review unsolicited ideas, including proposals for new promotions, products, technologies, or processes (“User Contributions”). You must not transmit any User Contribution via Kinesiologic Fitness’ website or Services through email services you consider confidential or proprietary, as any User Contribution is deemed non-confidential under these Terms. You are responsible for any User Contributions you make. By submitting User Contributions to Kinesiologic Fitness, including concepts, know-how, or ideas, you grant Kinesiologic Fitness a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, and display such User Contributions in connection with Kinesiologic Fitness’ website and business operations, including promotion and redistribution, without any payment or accounting to you or others, subject to the terms of Kinesiologic Fitness’ Privacy Policy.

16. Fees and Billing

You agree to settle all fees or charges associated with your Account, including applicable taxes, as outlined in these Terms and the prevailing billing terms. Unless specified otherwise, all prices are stated in US Dollars. By using Kinesiologic Fitness LLC’s (“Kinesiologic Fitness”) Services, you affirm that you are authorized to use the chosen payment method for all incurred fees and taxes. You bear full responsibility for all charges to your Account. Kinesiologic Fitness may offer products or services for online purchase, requiring users to be at least 18 years old to proceed with such transactions. By making an online purchase from Super Heat Fitness, you confirm that you meet the age requirement.

17. Transferability

Kinesiologic Fitness reserves the right to assign these Terms, either in full or in part, at its discretion. However, you are not permitted to assign, transfer, or sublicense these Terms or any associated rights or obligations without the express written consent of Kinesiologic Fitness.

18. Waiver

No waiver by either party of any breach or default under these Terms shall be construed as a waiver of any preceding or subsequent breach or default.

19. Section Titles

Section titles, headings, or captions used herein are for convenience only and do not define or explain any section or provision.

20. Notification

Kinesiologic Fitness may notify you through various means, including website postings, email, or regular mail, at its sole discretion. Additionally, Kinesiologic Fitness may communicate changes to these Terms or other matters by displaying such notices or providing links to them through the Services. You agree that printed versions of these Terms and any notices in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally produced and maintained in printed form.

21. Separability

In the event that any part of these Terms (including, but not limited to, the warranty disclaimers and liability limitations outlined above) is found to be invalid or unenforceable under applicable law, such invalid or unenforceable provision shall be replaced by a valid, enforceable provision that best reflects the original intent of the provision. The remaining portions of these Terms shall remain valid and enforceable.

22. Entire Agreement

These Terms, along with any documents expressly referenced herein, constitute the entire agreement between you and Kinesiologic Fitness LLC (“Kinesiologic Fitness”) regarding its subject matter. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Kinesiologic Fitness regarding the subject matter herein. By accepting these Terms, you acknowledge that you have not relied on any such communications.

23. Inquiries

Should you have any questions, comments, or complaints regarding these Terms or the Services, please don’t hesitate to reach out to us at Kinesiologicfitness@gmail.com.

24. General Provisions

Both parties agree that a printed copy of these Terms (including any notices provided electronically) shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally produced and maintained in printed form. Furthermore, all correspondence relating to these Terms shall be conducted in the English language.

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