TERMS AND CONDITIONS:
These terms and conditions apply to all visits and use of the site(s) and services, as well as to the content, information, recommendations, products and/or services provided to you on or through the site, social platforms, physical marketing products or KILOGEAR Inc., products.
By accessing and using the site(s), social accounts or using KILOGEAR Inc. products, you signify your consent to these terms and conditions in their entirety in addition to any other law or regulation that applies to all KILOGEAR Inc. messaging digitally, on the Internet, physically or through product use. If you do not agree to these terms and conditions in their entirety please leave the site.
By accessing our subscription service www.KILOGEARFITNESS.com (KGF) as a member, you will have access to KILOGEAR FITNESS videos, classes and instructions of varying lengths (KGF content) streamed over the Internet to certain Internet connected devices (“KGF Ready Devices”). References to the KGF Service include all the features and functionalities, website, user interfaces, as well as all content and software associated with the KGF service.
USE OF KILOGEAR INC. WEBSITES AND SOCIAL ACCOUNTS:
Welcome to www.KILOGEAR.com, www.KILOGEAR CUT.com, www.KILOGEARFITNESS.com and any other KILOGEAR Inc., website or application (collectively known as the “sites, services and apps”.)! We provide services to you on our websites and applications. By using our sites, services and apps, you represent that you are more than 18 years of age or are visiting the site(s) with the permission and supervision of a parent or guardian. For residents of Korea or anyone accessing the site(s) from Korea, you must be 19 years of age or older. You are subject to the terms set forth herein. All content featured or displayed on the site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), including “Submissions” (see section defining Submissions) contained on our Sites is owned by KILOGEAR Inc., its ambassador companies, its licensors and/or its content provider, as well as are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names and trade dress are proprietary to us and/or our licensors or licensees. We may change the sites or delete content or features at any time, in any way, for any or no reason. All elements of the site including, but not limited to, the general design and the content, can be protected by copyright, moral rights, database rights, trademark and other laws relating to intellectual property rights. No portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of KILOGEAR Inc., its ambassador companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
KILOGEAR Inc. hereby grants you a limited, revocable, non-exclusive license to access and use the various KILOGEAR Inc. websites on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the KILOGEAR Inc. websites unless expressly permitted by KILOGEAR Inc. We reserve the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to KILOGEAR Inc.
CONTENT ON THE SITE:
In the event that we offer downloads of software on a site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the software to you. You may not distribute or otherwise exploit the software or decompile, reverse engineer, disassemble or otherwise reduce the software to a human-readable form.
When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on www.KILOGEAR.com, www.KILOGEAR CUT.com, www.KILOGEARFITNESS.com and these terms and conditions at any time. By accessing or otherwise using any of the KILOGEAR, Inc. mobile applications you are indicating your agreement to the terms and conditions contained herein. Please read them carefully.
We may temporarily suspend or permanently close and refuse any and all current and future, access to or use of the sites and apps. You agree that you will not resell for commercial use our products purchased through the use of our sites. You also agree that you cannot resell or make commercial use of our site(s), apps or content therein. You are not allowed to license, publish, alter, display, distribute, transmit, perform, reproduce, create derivative works of, transfer, or sell any of our content. You may not collect or use any product information, to include descriptions, photographs, videos, or descriptions. You may not use any data mining, widgets, robots, or similar data gathering and extraction tools and methods from our sites and apps. You may not access or attempt to access any of our systems or servers on which the sites and apps are hosted. You may not alter or modify the sites and apps in any way. You may not use, modify, include or frame any KILOGEAR Inc. trademark, logo or other proprietary information (including the images found at the sites and the apps, the content of any text or the layout/design of any page or form contained on a page) without our express written consent; or use any meta tags or any other “hidden text” utilizing a our names, trademarks, or product names without our express written consent.
There are two types of submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any Site for which you do not seek Consideration (such as in our Forums (as defined below in Section 6, entitled "FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
Our company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).
LICENSES AND REPRESENTATIONS:
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on our Sites and third party web sites) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
To the extent that any Submissions you Distribute on or through the Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section labeled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
Some services on the Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at email@example.com. of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site.
PUBLIC FORUMS AND COMMUNICATION:
"Forum" means an area, site or feature offered as part of any Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any Site under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
By using the KGF Service, you consent to receiving electronic communications from us and our affiliates relating to your account and other communications from us and our affiliates relating to your account and other communications such as newsletters about KGF features, contents, special offers, promotional announcements, surveys, etc. You agree that any notices, agreements, disclosures or other communications that we or our affiliates send to you electronically will satisfy any legal communication requirements, including that such communications be in writing and, with respect to marketing materials, that you be provided information on how to opt out from receiving such materials. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
Your KGF membership, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the KGF Service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership in the manner described below before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership by clicking on the "Your Purchases" link. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
If your KFG membership starts with a free trial, the free trial period of your membership lasts for 7 days starting with the day on which you complete the creation your KGF account and, as a result, have access to the KGF Service. Free trials are for new and certain former members only. We reserve the right, in our absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership, and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. If you cancel after the free trial period, cancellation will be effective at the end of the current period for which you have paid.
By starting your KGF membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the KGF Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes applicable to your account will take effect on the next billing period following our email notice to you of the price change.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
When you create your KGF Service account, you will provide information and authorization regarding your Payment Method. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the KILOGEAR FITNESS website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
You may cancel your KGF Service membership at any time, and you will continue to have access to the KGF Service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED KGF CONTENT. To cancel, go to the "Purchases" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.
The KGF Service and any KGF Content viewed through our service are for your personal and non-commercial use only. During your KGF membership, we grant you a limited, non-exclusive, non-transferable, license to access the KGF Service and view KGF Content through the KGF Service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the KGF Service or any KGF Content for any purpose other than your own personal use and that you will not use the KGF Service or KGF Content for any commercial use or public performances.
You may view KGF Content through the KGF Service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such KGF Content. The content that may be available to watch may vary by geographic location. We will use technologies to verify your geographic location.
We continually update the KGF Service, including the KGF Content library. In addition, we continually test various aspects of the service, including our website, user interfaces, service levels, plans, promotional features, availability of the KGF Service and KGF Content, delivery and pricing. We reserve the right to, and by continuing to use the KGF Service, you agree that we may include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate the KGF Service.
Some KGF Content may be available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including, without limitation, restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country. You understand that physical exercise can be strenuous and can cause injury. Prior to using the KGF Content or engaging in any strenuous exercise, we encourage you to consult with your physician. You assume all risks associated with your use of the KGF Service or P KGF Content, including, without limitation, the risk of physical or mental injury caused by your participation in any exercise routine that is part of the KGF Content.
You agree to use the KGF Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the KGF Service without express written permission from us and our licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the KGF Service; use any robot, spider, scraper or other automated means to access the KGF Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the KGF Service; insert any code or product or manipulate the content of the KGF Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the KGF Service, including any software viruses or any other computer code, files or programs.
The availability of KGF Content will change from time to time, and from country to country. The quality of the display of the KGF Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content.
You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching KGF Content will vary based on a number of factors, including your location, available bandwidth at the time, the KGF Content you have selected and the configuration of your KGF-Ready Device.
You are responsible for your KGF Service account (your “Account”). You control of your Account is exercised through use of your password. Therefore to maintain exclusive control, you should not reveal your the password to anyone. In addition, if you wish to prohibit others from contacting KGF Customer Service and potentially altering your control, you should not reveal the Payment Method details (e.g., last four digits of your credit or debit card, or your email address if you use PayPal) associated with your Account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your Account. In order to provide you with ease of access to your Account and to help administer the KGF Service, we implement technology that enables us to recognize you as the account owner and provide you with direct access to your Account without requiring you to retype any password or other user identification when you revisit the KGF Service, which includes accessing via KGF-Ready Devices or website. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the KGF website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We reserve the right to place your Account on hold anytime with or without notification to you in order to protect ourselves and our partners from what we believe to be fraudulent activity. We are not obligated to credit or discount your membership for holds placed on your Account by either us or a representative of the automated processes of the KGF Service. From time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as we determine in our sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
RULES OF CONDUCT:
The following Rules of Conduct apply to the Sites. By using the Sites, you agree that you will not Distribute any Submission that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (3) any confidentiality obligation; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Sites; (i) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted; (j) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (k) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet.
COOPERATION AND REMOVAL OF SUBMISSIONS:
CONTENT ACCESSIBLE VIA LINKS FROM SITES AND SEARCH RESULTS:
COPYRIGHT & TRADEMARKS:
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our Designated Agent.
Notification must be submitted to the following Designated Agent: 46 - E Peninsula Center Drive, #182, Rolling Hills Estates, CA 90274, firstname.lastname@example.org.
At our discretion, we may terminate service or access to the site(s), services and apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites or Apps, please provide us with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA").
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Not all testimonials contained in or made available through the Sites have been prepared by us (including, but not limited to, information contained on message boards, in forums, text files, chats, etc.). As a result, we have not checked to determine whether or not a specific endorser's experience is what an average or typical consumer may expect to achieve. Not all consumers may achieve the same results.
MISUSE OF THE SITE:
You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. KILOGEAR Inc., may deny you access to the Site at any time in its sole discretion and which shall include situations where Reebok believes that your use of the Site is in breach of any of these Terms and Conditions and/or applicable laws. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
Please note that some jurisdictions may not allow the exclusion of certain damages under mandatory law, so some of the above exclusions and limitations may not apply to you.
USER REVIEWS, PHOTOS & COMMENTS:
Any information you share in public areas, such as message boards or feedback sections, becomes public. Our Policy does not apply to any information you choose to make public. Please be careful about what you disclose and do not post any personal information that you expect to keep private. If you post information about yourself or others, or communicate with others using our Website, please note that we cannot control who reads your postings or what they do with the information you provide. We encourage you to use caution in posting personal information to the Website.
Anything posted or otherwise submitted to KILOGEAR Inc., whether on the www.KILOGEAR.com, www.KILOGEARCUT.com, www.KILOGEARFITNESS.com or other KILOGEAR, Inc. websites, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using #kilogear, #goKILOGEAR, #kilogearcut, #kilogearnation, #wearableworkout, #kilogearfitness, or any other KILOGEAR based branded hashtag), will be treated as public and nonproprietary. By submitting photographs, comments or other materials to KILOGEAR Inc., you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become our sole and exclusive property. In addition, when you post photographs, reviews or comments to any of the KILOGEAR Inc., or on any of our social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to the site(s), services and apps.
If you have purchased any products or services through your account using the site(s), services and apps, you may be offered to create an account with KILOGEAR, Inc. You are solely responsible for maintaining the security and confidentiality of your account and your account password. You are responsible for restricting access to your computer and your account. You are responsible for keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the site(s), services and apps that occur under your account or your account password.
You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security by contacting customercare@KILOGEAR.com. We have the right to disable any account or password at any time, for any reason.
You also acknowledge and agree that we may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the site(s), services, and apps, and all information relating to the use of the site(s), services and apps under your account or account password if we are required to do so by law or legal process or if we determine, at our sole discretion, that such action is necessary to protect the rights of KILOGEAR, Inc. third parties, and other users of the site(s), services and apps or for purposes of responding to your request for customer service.
All products sold from the site(s), services and apps are governed by any terms of sale that may be posted on the site(s), services and apps. Please refer to our terms of sale to understand product warranties, our return or exchange policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, at our sole discretion. Review the terms of sale every time you make a purchase.
LEGAL USE AND WEAR OF KILOGEAR PRODUCTS:
The use of any KILOGEAR Inc., products, equipment and gear in a manner other than its intended use is not recommended and may result in serious injury.
KILOGEAR Inc. assumes no liability or responsibility for using and wearing KILOGEAR Inc. products. KILOGEAR Inc., will not be liable for any direct, special, incidental, indirect, or consequential damages that result from the use of or the inability to use, any content on our website, social sites or the performance of KILOGEAR Inc. products purchased through the website or through other users of the website, partners or other businesses. You assume total responsibility for your use of the website, social sites, linked sites and or the sole use of KILOGEAR Inc. products. If KILOGEAR Inc. is found to be liable to you for any damage or loss, which arises out of or is in any way connected with your use of the website, or any content, you agree that KILOGEAR Inc. liability shall in no event exceed $500. If applicable law may not allow the $500 limitation or the exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply.
Consult your physician, therapists and trainers before using your weighted gear. Warning use of KILOGEAR products by persons with heart or other medical problems may cause serious personal injury. Immediately cease exercise if you feel dizzy, faint, or short of breath.
CALIFORNIA PROPOSITION 65 WARNING:
Products may contain chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm. (For questions about Prop 65: http://oehha.ca.gov/prop65/p65faq.html.) Contact KILOGEAR Inc: customercare@KILOGEAR.com.
THIRD PARTY WEBSITES AND LINKS:
HACKING, VIRUSES AND OTHER MALEFICENT ACTIONS:
You may not misuse our site(s), services or apps by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You may not attempt to gain unauthorized access to our site(s), services or apps, or the servers on which our site is stored or any server, computer or database connected to our site(s), services and apps. You must not attack our platforms via a denial or service attack or distributed denial or service attack. We will report any such breach to law enforcements and we will work with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platforms and services will cease immediately. In addition, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.
KILOGEAR, INC, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFLUENCERS, AMBASSADORS, CONSULTANTS, SHAREHOLDERS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, ISOLATED, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE(S), SERVICES, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY KILOGEAR, INC. FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
FOR NEW JERSEY RESIDENTS OR OTHER PERSONS ACCESSING THIS SITE(S), SERVICES AND APPS FROM NEW JERSEY: You agree that all disputes arising from your account, your use of the site(s), services and apps, and your Submissions and any Personal Rights contained therein shall be decided solely by an arbitrator, pursuant to the Consumer Arbitration Rules of the American Arbitration Association. By agreeing to arbitration, You understand and agree that You are waiving Your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes. Furthermore, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL in any dispute with KILOGEAR, Inc., its subsidiaries and/or affiliates.
BY ACCESSING THE OUR SITE(S) SERVICES AND APPS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
FOR NEW ZEALAND RESIDENTS OR OTHER PERSONS ACCESSING THIS SITE FROM NEW ZEALAND: WE UNDERSTAND THAT, IN SOME JURISDICTIONS WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED. ACCORDINGLY, IN RELATION TO GOODS AND SERVICES SUPPLIED BY KILOGEAR, INC, IN NEW ZEALAND, TO THE FULLEST EXTENT PERMITTED BY LAW, KILOGEAR, INC's LIABILITY FOR BREACH OF ANY CONSUMER GUARANTEE, WHICH CANNOT BE EXCLUDED, IS LIMITED AT THE OPTION OF KILOGEAR INC. TO:
* IN THE CASE OF SERVICES SUPPLIED OR OFFERED BY KILOGEAR INC, WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION (i) THE SUPPLY OF THE SERVICES AGAIN, OR (ii) THE PAYMENT OF THE COST OF HAVING SERVICES SUPPLIED AGAIN; AND
* IN THE CASE OF GOODS SUPPLIED OR OFFERED BY KILOGEAR INC, WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (THE REPAIR OF SUCH GOODS; THE PAYMENT OF THE COST OF THE REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE OCST OF HAVING THE GOODS REPAIRED.
You agree that any claim you may have arising out of or related to your relationship with KILOGEAR INC must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Under no circumstances will class action procedures or rules apply to the arbitration, and the arbitrator may not consolidate more than one person’s Disputes or otherwise preside over any form of a class, consolidated, representative or similar action, unless both you and we specifically agree following initiation of the arbitration. The arbitration will be conducted in English, closed to the public and confidential. All related records shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
The U.S. Federal Arbitration Act (“FAA”) may govern the arbitrability of Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or conditions precedent to suit.
Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.
During arbitration, the arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Arbitration shall occur in Los Angeles, California. You waive any right to claim that such location is an inconvenient forum, and you agree not to sue us or bring arbitration in any other forum.
You agree to provide truthful, accurate, current, and complete information about yourself as required for registration purposes and will maintain and update registration information and data to keep it accurate, current and complete. You have the option to use the "persistent log-in" feature, which allows you to remain logged-in while the App is closed in order to avoid having to reenter your log-in information each time you open the App. If you choose to exercise this option, you understand that anyone who gains access to your mobile device will be able to access, and use all of the functionality as found on the App, including the payment functions. By agreeing to this option you understand and agree that you are responsible for any charges or actions on your account. You also agree and acknowledge that your use of the Apps may involve data charges which are your responsibility as between you and your wireless service provider.
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use only on any android, mobile, Apple iPhone, iPad or iPod Touch computer, or other supported device, (each a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Google Terms and Apple Terms and in accordance with these Terms (“User License”) or on any other device which may later support the use of the App as permitted by such device’s terms and conditions which shall be provided to User accordingly. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the App (the “Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Apple, Google, YouTube, IntelVideos and each of their subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Google, Apple, YouTube, IntelVideos will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.
PRICING AND INVENTORY:
Our sites and apps will provide you with pricing for the products that are carried online, potentially in stores and at events. The pricing shown to you through use of any app may only be good for purchases made online or through the app and may differ from other pricing.
QUESTION AND COMMUNICATION:
If you have any questions or concerns, please email us at customercare@KILOGEAR.com.