If for any reason, within 30 days of payment, you don’t agree that this program is worth every penny, contact us at [email protected] to request a full refund of your purchase price.
Subscriptions may be canceled at any time by contacting us at [email protected] To avoid future charges, you must cancel your subscription before the next subscription payment takes place.
Refunds may be requested for any reason, PRIOR TO RECEIVING YOUR CONSULTATION, if you decide this product is not right for you, a refund may be requested for any reason. Requests must be made PRIOR TO RECEIVING YOUR CONSULTATION OR within 30 days of purchase, which ever comes first. Once you have been provided the consultation, and/or once 30 days has past from purchase date (even if the consultation has not yet occurred), ALL SALES ARE FINAL.
If for any reason, by the end of the first day of the live event, you don’t agree that this event is worth every penny, contact us at [email protected] to request a full refund of your purchase price.
ALL refund requests must be submitted IN WRITING to [email protected] Refund requests CANNOT be accepted via phone or voicemail. ALL SALES ARE FINAL AFTER THE ABOVE GUARANTEE PERIODS.
BY PURCHASING/SUBSCRIBING YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
As used in this Agreement, “we,” “us” or “our” refers to The Kinesiology Institute. and “you” or “your” refers to you the purchaser. The word “product” refers to the “software” or “course” or “live event” you purchased. In some cases the Product may be contained on a website and only accessible through the website by entering a “Username” and “password”.
This product is provided by The Kinesiology Institute. Your access to and use of the product is governed by this Subscriber Agreement (“Agreement”).
BILLING AND DELIVERY
Your Credit Card will be processed by The Kinesiology Institute and show up on your statement as a charge by The Kinesiology Institute. By purchasing you hereby authorize The Kinesiology Institute to charge your designated credit card for the amount indicated, as well as any installment payments or monthly subscription payments as described. You are responsible for ensuring that the address and email you provide, on the form, are accurate and deliverable. In the case of a non-physical/digital product: Once payment is successfully processed you will be taken to a “membership registration page” where you will create a username and password for a members area which contains instructions for access your product. In the case of a physical product your order will be sent to our “Fulfillment House” with instructions to ship the product to the address you provide on this order form. In either case, Follow up instructions and information may be sent to the email address you provided upon purchase.
ACCESS AND PASSWORDS
As part of the purchase you may have selected or been assigned a particular username and password in accordance with our username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO use THE USERNAME and PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE PRODUCT USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other person that accesses the product using your username and password will be attributed to and legally bind you, even with respect to acts for which the person had no actual authority or made an error. You assume all resulting liability from use of the product, and any services available on it, by you or others using your username or password. If you lose your username or password, please contact us at: [email protected] If you believe someone has accessed the product using your username and password, without your authorization, email us at [email protected] to obtain a new username and password.
FEES AND PAYMENTS
You are responsible for any fees or charges that may be incurred to access the product through an Internet service provider or other third party service. YOU, AND NOT The Kinesiology Institute, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.
The product may contain bulletin board services, news groups, forums, and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through The Kinesiology Institute sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of The Kinesiology Institute nor its affiliates, any of its officers, directors, employees, or agents. You acknowledge that The Kinesiology Institute does not pre-screen all content, but that The Kinesiology Institute and its designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any content that is made available via the Communication Services. Without limiting the foregoing, The Kinesiology Institute and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that The Kinesiology Institute is not responsible for any content sent using and/or included in the product by any third party.
COPYRIGHT AND RESTRICTIONS
This product contains proprietary material of The Kinesiology Institute (or material that other suppliers have licensed to us for our use) which is protected by copyright and other laws respecting proprietary rights. We retain all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use the name The Kinesiology Institute except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products or information licensed herein is expressly prohibited.
End users who are duly authorized may Access the product for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from The Kinesiology Institute. Any use not authorized by this Agreement is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained in the product) is highly proprietary in nature and that unauthorized copying, transfer or use may cause us and/or our suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by us, and/or any of our suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on the product in any manner whatsoever that may infringe upon any copyright or proprietary interest of The Kinesiology Institute; distribute the information contained in the product to other users not duly authorized to Access the product; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer the product or information contained in or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by The Kinesiology Institute.
If you breach any provision of this Agreement, The Kinesiology Institute. may immediately terminate this Agreement and all licenses granted hereunder without prior notice, in addition to any other available rights and remedies.
LIMITATIONS ON USE
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the product. We can detect the use of these systems through live logfile analysis and will ban any future use by offenders. b. If you are using a robot/crawler to check The Kinesiology Institute links, it must operate according to the robot guidelines. Do not leave new robots unattended and allow a minimum of 1 minute between automated requests. c. Use of any device, software or routine or the like to interfere or attempt to interfere with any Site functionality; d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; e. Use any email addresses appearing on or in the product for purposes not relating specifically to the product; f. Access the product by any means other than through the interface that is provided by us, or attempt or access any area of the product to which your access is not authorized; g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the product, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. h. Purchase any The Kinesiology Institute product, event or membership and receive commission for your own purchase or subscription.
ACCURACY AND AVAILABILITY OF INFORMATION
The product may contain database information and other content compiled by The Kinesiology Institute. While we use commercially reasonable efforts to provide accurate information, we gives no warranty as to the accuracy of the database and other content on the Site(s). we reserve the right to withdraw or delete information or content from the Site(s) at any time.
LINKS TO THIRD PARTY SITES
The Kinesiology Institute does not endorse the content on any third-party Web site, information or products, including Web sites of our affiliates (“Third-Party Sites”). The Kinesiology Institute is not responsible for the content of Third-Party Sites that you reach through links contained in the product, sites framed within our Site, or third-party advertisements in the product, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site and/or product. This means that The Kinesiology Institute is not your agent and is not a party to any transaction at a Third-Party Site.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to us is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
DISCLAIMER OF WARRANTIES
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS product BY A The Kinesiology Institute AND ITS AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND. The Kinesiology Institute. AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, The Kinesiology Institute DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE PRODUCT AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND IN THE PRODUCT; (c) TRANSMISSIONS TO, FROM OR WITHIN THE PRODUCT; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE PRODUCT SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE PRODUCT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
The Kinesiology Institute MAKES NO CLAIMS AS TO FINANCIAL OR PERSONAL GAIN RELATED TO USE OF THE PRODUCT.
LIMITATION OF DAMAGES
IN NO EVENT WILL The Kinesiology Institute OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY; Exclusive Remedy
ALSO, IN NO EVENT WILL The Kinesiology Institute OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY The Kinesiology Institute, FROM YOU, FOR PURCHASE OF THE PRODUCT.
You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of The Kinesiology Institute.
CONSENT TO ELECTRONIC NOTICES AND OTHER COMMUNICATIONS
You agree that all of your transactions relating to the product may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via email to the email address that you provided to us when you purchased the product. If you do not wish to deal with us electronically, you should not purchase the product and enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during purchase.
PRINT A COPY FOR YOUR RECORDS
You agree to print or make an electronic copy of this Agreement and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of The Kinesiology Institute in a non-electronic record, and any assignment without our consent will be voidable at our option. This Agreement will inure to the benefit of The Kinesiology Institute and bind the parties’, respective successors and permitted assigns.
APPLICABLE LAW AND DISPUTES
This Agreement is governed by the laws of the State of California, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate The Kinesiology Institute and/or its affiliates’ intellectual property rights, The Kinesiology Institute and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Los Angeles, CA. Any costs and fees, other than attorney fees associated with the mediation, will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Los Angeles, CA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by us except in a signed, non-electronic writing signed by an authorized representative of The Kinesiology Institute.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and The Kinesiology Institute or its affiliates as a result of this Agreement or your use of the Site.
Copyright 2016; The Kinesiology Institute All Rights Reserved.
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