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 EXTERNAL HYPERLINKS
You are granted a limited, revocable, and nonexclusive right to create
a hyperlink(s) to the home page(s) of Kinetic Fitness Systems LLC Sites
so long as the link does not portray Kinetic Fitness Systems LLC, its
affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter.
LINKS
This Web site contains links to third party Web sites. These links are
provided only as a convenience. The inclusion of any link is not and does
not imply an affiliation, sponsorship, endorsement, approval, investigation,
verification or monitoring by Kinetic Fitness Systems LLC of any information
contained in any third party Web site. In no event shall Kinetic Fitness
Systems LLC be responsible for the information contained on that site
or your use of or inability to use such site.
ELECTRONIC COMMUNICATIONS
When you visit our website 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 this site. 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.
PRODUCT DESCRIPTIONS
Kinetic Fitness Systems LLC and its affiliates attempt to be as accurate
as possible. However, Kinetic Fitness Systems LLC does not warrant that
product descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by Kinetic Fitness
Systems LLC itself is not as described, your sole remedy is to return
it in unused condition.
COOKIES AND CLEAR GIFS
Briefly, "cookies" are small files that we transfer to your computer's
hard drive or your Web browser memory to enable our systems to recognize
your browser and to provide convenience and other features to you, such
as recognizing you as an existing customer or previous Site visitor. "Clear
gifs" are tiny graphics with a unique identifier, similar in function
to cookies, and may be used to track the online movements of Web users
or to let us know if you have opened an e-mail that we sent you. The cookies
and clear gifs that we use do not contain and are not tied to personally
identifiable information about you. You are always free to decline our
cookies if your browser permits, although in that case you may not be
able to participate in our surveys or incentives, purchase products, or
take advantage of certain useful Site features.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or password. Kinetic Fitness Systems LLC reserves the right
to refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
Unauthorized use of this Web site, including, but not limited to, unauthorized
entry into systems, misuse of passwords or misuse of any other information,
is strictly prohibited. You may not use this Web site in any manner that
could damage, disable, overburden, or impair any Kinetic Fitness Systems
LLC sites or service or interfere with any other party's use and enjoyment
of any sites or service. You may not attempt to gain unauthorized access
to any Kinetic Fitness Systems LLC sites or service, computer systems
or networks, through hacking, password mining or any other means. You
agree that you will not engage in any activities related to this Web site
that are contrary to applicable laws or regulations.
WEBSITE MAINTENANCE
AND UPDATES
Kinetic Fitness Systems LLC reserves the right, in its sole discretion,
without any obligation and without any notice requirement, to change,
improve or correct the information, materials and descriptions on this
Web site and to suspend and/or deny access to this Web site for scheduled
or unscheduled maintenance, upgrades, improvements or corrections. The
information and materials on this Web site may contain typographical errors
or inaccuracies. Any dated information is published as of its date only,
and Kinetic Fitness Systems LLC does not undertake any obligation or responsibility
to update or amend any such information. Kinetic Fitness Systems LLC may
discontinue or change any product or service described in or offered on
this Web site at any time.
INTERNATIONAL USE
The Site is controlled and operated by Kinetic Fitness Systems LLC from
its headquarters in Portland, Oregon in the United States of America.
If you access this Site from a location outside the United States of America,
you do so on your own initiative and are responsible for compliance with
all applicable laws of your jurisdiction. Kinetic Fitness Systems LLC
makes no representation that materials on this site are appropriate or
available for use in locations outside the United States, and accessing
them from territories where their contents are illegal is prohibited.
DISCLAIMER OF WARRANTY
The information, products and services on this Web site are provided on
an "AS IS," and "AS AVAILABLE" basis. Kinetic Fitness Systems LLC does
not warrant the information or services provided herein or your use of
this Web site generally, either expressly or impliedly, for any particular
purpose and expressly disclaims any implied warranties, including but
not limited to, warranties of title, non-infringement, merchantability
or fitness for a particular purpose. Kinetic Fitness Systems LLC will
not be responsible for any loss or damage that could result from interception
by third parties of any information or services made available to you
via this Web site. Although the information provided to you on this Web
site is obtained or compiled from sources we believe to be reliable, Kinetic
Fitness Systems LLC cannot and does not guarantee the accuracy, validity,
timeliness or completeness of any information or data made available to
you for any particular purpose.
LIMITATION OF LIABILITY
Neither Kinetic Fitness Systems LLC nor any of its affiliates, directors,
officers or employees, nor any third party vendor, will be liable or have
any responsibility of any kind for any loss or damage that you incur in
the event of any failure or interruption of this Web site, or resulting
from the act or omission of any other party involved in making this Web
site, the data contained herein or the products or services offered on
this Web site available to you, or from any other cause relating to your
access to, inability to access, or use of the Web site or these materials,
whether or not the circumstances giving rise to such cause may have been
within the control of Kinetic Fitness Systems LLC or of any vendor providing
software or services. In no event will Kinetic Fitness Systems LLC or
any such parties be liable to you, whether in contract or tort, for any
direct, special, indirect, punitive, consequential or incidental damages,
attorney fees, or any other damages of any kind even if Kinetic Fitness
Systems LLC or any other such party has been advised of the possibility
thereof. Kinetic Fitness Systems LLC cannot and does not guarantee continuous,
uninterrupted or secure access to the Web site. In no event will Kinetic
Fitness Systems LLC liability exceed $50.00.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, and video and audio clips, is the property of Kinetic Fitness
Systems LLC or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this site
is the exclusive property of Kinetic Fitness Systems LLC and protected
by U.S. and international copyright laws. All software used on this site
is the property of Kinetic Fitness Systems LLC or its software suppliers
and protected by United States and international copyright laws.
PRIVACY
Please review our Privacy Policy to understand our practices.
RISK OF LOSS
All items purchased from Kinetic Fitness Systems LLC 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.
JURISDICTION
Any dispute that may arise between you and Kinetic Fitness Systems LLC,
shall be governed by and construed in accordance with the laws of the
State of Oregon, U.S.A., without regard to conflict of laws principles.
You consent to the exclusive jurisdiction and venue in the courts of Multnomah
County, Oregon, U.S.A. for any all disputes.
WRITTEN AGREEMENTS
Unless otherwise specified herein, these Terms of Use and
the Site's Privacy Policy constitute written agreements between you and
Kinetic Fitness Systems LLC with respect to this site and supersedes all
prior or contemporaneous communications and proposals (whether oral, written,
or electronic) between you and Kinetic Fitness Systems LLC with respect
to this site.
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