TERMS, CONDITIONS & RELEASE OF LIABILITY
Welcome to our website. The following terms and conditions govern your (referred to as “you” or “your”) use of the Kettlebell Solo website (https://www.kettlebellsolo.com) all content, services, and products available through the website, including, but not limited to, the catalog, community, instructional videos, tutorials, ebooks, goods and services (collectively referred to as the “Site”).
Please read this Agreement carefully before accessing or using the Site or any site resources. If you do not agree to all the terms and conditions of this Agreement, then you shall not access the Site nor use any services. The Site is available only to individuals who are at least 16 years old.
Member area account
You are responsible for maintaining the security of your member account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify the Operator of any unauthorized uses of your account or any other breaches of security. The Operator will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Contribution to the website
If you leave comments anywhere on the Site, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:
Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
The Content does not contain or install any viruses, worms, malware, or other harmful or destructive content
The Content is not spam, is not, robot, machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
The Content is not pornographic, libelous, salacious or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party
By submitting Content to the Operator for inclusion on our Site, you grant the Operator a universe-wide, world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.Without limiting any of those representations or warranties, the Operator has the right (though not the obligation) to, in the Operator's sole discretion (i) refuse or remove any content that, in the Operator's opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason or no reason, in the Operator's sole discretion. The Operator will have no obligation to provide a refund of any amounts previously paid under these circumstances.
What information do we collect?
We may collect personally identifiable information from you in a variety of ways, including through online forms for ordering products and services, and other instances where you are invited to volunteer such information, including, but not limited to, when you register to become a member of our site, place an order or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.
How do we use your information?
Any of the information we collect from you may be used to personalize your experience, improve our website, improve customer service, process transactions, send periodic emails. The email address you provide for order processing will only be used to send you information and updates pertaining to your order. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include an unsubscribe option at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Payments and refunds
Responsibility of website visitors
By operating the Site, the Operator does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Operator disclaims any responsibility for accuracy or truthfulness of content, and any harm resulting from the use by visitors of the Site.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except to provide products or services you've requested. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Copyright infringement and DMCA policy
As the Operator asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify the Operator in accordance with common Digital Millennium Copyright Act policies. The Operator will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Operator or others, the Operator may, in its sole discretion, terminate or deny access to and use of the Site. In the case of such termination, the Operator will have no obligation to provide a refund of any amounts previously paid to the Operator. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Our site may contain links to third-party sites. These third-party sites have separate and independent terms of service and privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
This Agreement does not transfer from the Operator to you any of the Operator's or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Operator. The Operator logo and all other trademarks, service marks, graphics and logos used in connection with the Operator, or the Site are trademarks or registered trademarks of the Operator or the Operator's licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any the Operator or third-party trademarks.
The Operator reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. The Operator may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Operator may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by the Operator if you materially breach this Agreement and fail to cure such breach within fourteen (14) days from the Operator's notice to you thereof; provided that, the Operator can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of warranties
The Site is provided "as is". The Operator and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, regarding our Site, services, programs or any content, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Operator nor its suppliers and licensors make any warranty that the Site will be error-free or that access thereto will be continuous or uninterrupted. You understand that it is your responsibility to ensure that the policy you create is complete, accurate, and meets yours and your company's specific needs. We are not liable or responsible for any policies created using our services, and we give no representations or warranties, express or implied, that the policies created using our service are complete, accurate or free from errors or omissions.
Limitation of liability
Under no circumstances will Operator be liable to you or any third party for any indirect, incidental, exemplary, punitive, special, or consequential damages, any personal or bodily injury or emotional distress, or any loss of profits, revenue, business, data, use, goodwill or other intangible losses, arising out of or in connection with: (i) these terms; (ii) our services; (iii) the use of or inability to use our services; (iv) any conduct, performance or non-performance (whether online or offline) of any other user or other third party on or in connection with our services; or (v) any content, goods or services made available on, through, or in any way connected with our content or services by us or any other user or other third party. Under no circumstances will our total liability to you or any third party arising out of or in connection with these terms or our services exceed the greater of one hundred U.S. dollars (U.S. $100.00).
The exclusions and limitations of liability apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not Operator has been advised of or should have known of the possibility of such damage or loss, and even if a remedy set forth in these terms is found to have failed of its essential purpose.
General representation and warranty
You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless the Operator, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between the Operator and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Operator, or by the posting by the Operator of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of California, excluding its conflict of law provisions, and the exclusive jurisdiction and venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Operator may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Changes to our terms and privacy policies
From time to time we may make adjustments to this policy. Changes will be made at our sole discretion. Site's users are encouraged to check this policy for such changes. Your continued use of this site following changes to this policy constitutes your acceptance of the changes.
These terms and conditions were last modified on May 19, 2022.
GENERAL TERMS, CONDITIONS, AND RELEASE
The following terms, conditions and release ("TC&R") hereby form the relationship between Kettlebell Solo (“KS”) and you upon purchasing our program and/or become a member. Please read carefully as the TC&R sets forth the respective obligations and release of liabilities of the parties.
KS will provide specific instructions, techniques and resources to you which must be followed specifically and carefully. You hereby confirm that you are in good health and physically capable of participating in strenuous physical activity.
KS makes no representations or warranties on the KS activities such that you and each participant must decide whether you are in the appropriate physical condition to participate in the KS activities. Even if you do not have any concerns about your health, you are still advised to consult your physician before engaging in any physical activity.
If you are unable to confirm your health for any reason, including any medical condition or disability which may affect you from partaking in strenuous physical activities, you are encouraged to not partake in our program. If you chose to do so despite these cautions, you do so at your own risk. If KS believes, if for any reason, you are not in any condition to engage in strenuous physical activity, KS reserves the right to cancel your participation in KS activities. Even if KS does not cancel your participation, it does not mean KS believes you are in, or acknowledges your, physical condition to participate in the KS activities.
KS warrants that it will provide professional and skilled instructions, techniques and resources while providing KS services to you. Notwithstanding any agreement or provision to the contrary, you hereby release KS, Amodeo, LLC, a California limited liability company, its members, managers, officers, employees, agents, and any and all those working for or with, or providing assistance in conjunction with KS (each a "Releasee" and collectively, the "Releasees"). Releasee requires consent from you prior to participating in the KS activities.
BEFORE ENTERING ACKNOWLEDGING THIS TC&R, YOU ARE ADVISED VIA THIS DOCUMENT OF THE RISKS INVOLVED, AND YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THE KS ACTIVITIES ARE OPENLY, OBVIOUSLY AND INHERENTLY DANGEROUS AND MAY RESULT IN ILLNESS, SERIOUS OR PERMANENT PHYSICAL INJURY OR DEATH TO PERSONS, AND MAY ALSO RESULT IN DAMAGE TO PERSONAL PROPERTY. BY ACKNOWLEDGING THIS TC&R, YOU EXPRESSLY ACCEPT AND ASSUME ALL THE RISKS.
You expressly release, waive, discharge and hold harmless any and all Releasees, and further covenant not to sue any or all Releasees, or their heirs, assigns, successors, and legal representatives from any and all demands, claims, complaints, causes of action, losses, liabilities, obligations, and/or damages including, but not limited to, any and all damages, whether consequential, incidental or special damages, associated with illness, personal injury or death, or property damage, whether or not caused by your negligence or KS’s negligence, while participating in the KS Activities. KS reserves the right to remove any participant from a course, class, workshop or training if said participant fails to follow instructions or is behaving in an unsafe manner deemed so by an instructor coach or administrator of KS. Participant will be removed without refund.
This TC&R is binding on you, your spouse, heirs, assigns, successors and legal representatives. This TC&R shall remain in full force and effect for ten (10) years after the acknowledgement date.
BY CHECKING THE BOX YOU ARE STATING THAT YOU HAVE READ THIS TC&R AND FULLY UNDERSTAND ITS TERMS, CONDITIONS, AND RELEASE, AND FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACKNOWLEDGING THIS TC&R, AND HAVE ACKNOWLEDGED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, WARRANTY OR GUARANTY BEING MADE BY KS OR ANY RELEASEE. YOU INTEND YOUR ACKNOWLEDGEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY AND ALL CLAIMS, AND TO THE GREATEST EXTENT PERMITTED BY LAW.