Terms and Conditions of Use
At KD Fitness (“KD”) we offer a “Finding Your Core Strength: Building Your Foundation” and “Finding Your Core Strength: Basic Strength Training Program” (herein referred to as the “Product”). You agree to abide by all policies and procedures outlined in the agreement as a condition of your purchase of the Product, as well as the sale of other related services and products. We provide services to you subject to the following notices, terms and conditions (the “Terms”).
Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between KD (“we” and/or “us”, etc) and you (“Customers” or “you”).
You may only use the website(s) operated by KD (the “Website”) if you first accept these terms.
In addition, when yo use any current or future KD service or visit or purchase from any business affiliated with KD, whether or not included in the website, you also will be subject to the guidelines and conditions applicable to such service or business. If these terms are inconsistent with KD’s terms, such terms will prevail.
If you create an account on the Website, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify KD of any unauthorized uses of your data, your account or any other breaches of security. You may not use the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account.
You understand that KD and its employees are not employees, agents, lawyers, doctors, managers, therapists, public relations or business managers, registered dieticians, or financial analysts, psychotherapists or accountants. Customer understands their purchase of Product will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Customer understands that Consultant has not promised, shall not be obligated to and will not;
(1) Procure or attempt to procure employment or business or sales for Customer;
(2) Perform any business management functions including but not limited to accounting, tax or investment consulting, or advice with regard thereto;
(3) Act as a therapist or provide psychoanalysis, psychological counselling or behavioural therapy;
(4) Act as a public relations manager;
(5) Act as a publicist to procure any publicity, interviews, write-ups, features, television and print or digital media exposure for Customer;
(6) Introduce Customer to KD’s full network of contacts, media partners or business partners. Customer understands that a relationship does not exist between the parties after the conclusion of the Product. If the Parties continue their relationship, a separate agreement will be entered into.
Customer accepts and agrees that Customer is 100% responsible for their progress and results from the Product. Customer acknowledges that, as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that Customer will reach their goals as a result of purchase of Product.
There are two options for payment of the Product fee:
- One Single payment(due upon registration); or
- 2 equal payments (*price varies depending on promotional period and enrollment level)
If you select the 2 equal payments option, you will pay your first payment of ex. $183.50 today, and $183.50 within 4 weeks from the date of purchase, for a total payment of $367 *. If you choose to pick this option, you are responsible for all payments.
This is a payment plan, not a monthly fee. You will be liable for all of the payments regardless of whether you continue to use the Program during the payment period.
If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 24% per year compounding monthly (2% per month).
METHODS OF PAYMENT
If Customer elects to pay by monthly installments, Customer authorizes the Company to charge Customer’s credit card or debit card. If Customer elects to pay in full upon registration (option 1 above), Customer may pay by credit card or debit card.
You are responsible to ensure that the payments are made on time. If your account is beyond 30-days overdue, KD reserves the right to turn over the account to collections with outstanding interests and accrued costs incurred in order to engage a Debt Recovery Mercantile Agency or a Solicitor to attend engaged by the company; in order to recover the outstanding amount due and payable.
We offer a 7-day refund period for purchases from the program registration date. However, in order to qualify for a refund you must request within the first 7 days.
In the event that you decide your purchase was not the right decision, within 7 days of enrollment, contact our support team at firstname.lastname@example.org and let us know you’d like a refund by the 7th day at 11:59 PST.
The product content is released on a weekly basis. The content provided within the first 7 days provides you with adequate information to determine if you are physically capable of performing the program, and outlines any underlying issues that may prevent you from using the product.
If you have any questions or problems, please let us know by contacting our support team directly. Support can be contacted by reaching out to email@example.com.
ORDERING OF SERVICES; CONDUCT OF SERVICES
If you choose to order a product or service through the website we will make best efforts to provide that service or product to the best of our ability. However, we make no warranty with regards to your satisfaction with any service or product in general. Prices for services will be listed on the Website and may change from time to time.
PRODUCT AND SERVICE SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
While we promise do our best to ensure the accuracy of the information on the Website, KD does not warrant that product and/or service specifications, pricing, or other content on the Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, KD shall have the right to refuse or cancel any orders in its sole discretion. If your credit card is charged prior to cancellation, KD will issue a credit to your account in the amount of the charge.
The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Products, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
You may contact KD Customer Services by sending an email to firstname.lastname@example.org. You acknowledge that the provision of customer support is at KD’s sole discretion and that KD shall have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.
NOTICE RE NAMES AND TRADEMARKS
You may not use the name “KD” or “KD Fitness” or any other names or Trademarks listed on the Website or in any Website or Product content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © KD Fitness
All rights reserved. All content on the Website is subject to intellectual property rights, contractual rights or other protections. The intellectual property rights are owned by KD or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of KD. Modification or use of the materials for any other purpose may violate intellectual property rights. KD maintains the worldwide, exclusive copyright on all content created by KD, or by its associates, which may be leased or sold by KD without your permission, without limitation.
Material given to Customer with the purchase of Product is proprietary, copyrighted and developed solely and specifically for Company. Original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure, reproduction and sale by Customer to a third party are strictly prohibited.
MINIMUM AGE REQUIREMENT
The Website is intended for use by persons who are at least 18 years old or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Website only with the permission and involvement of a parent or guardian.
DEALINGS WITH MERCHANTS; LINKS
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Website or which provide links on the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against KD and agree to hold KD harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Website.
You agree to electronic communication for all of your transactions and communication with KD and the Website. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, KD will give you any notices by posting them on the Website, and you agree that such posting will constitute effective notice. You authorize KD to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if KD decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by KD to the address that you have most recently provided will constitute effective notice. KD’s address for Legal Notices is:
BTM Lawyers LLP
130 Brew Street, #530
Port Moody, BC
KD respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KD with written notice.
MODIFICATIONS TO TERMS AND WEBSITE
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Website unless through tools provided on the Website by us; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by KD; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Website’s infrastructure or performance, or send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient; (h) willfully enter wrong class information (course code, course title, course coordinator, number of credits, exam information); (i) post content created by anybody other than yourself.
Furthermore, prohibited content includes anything that:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains anything sexually suggestive, excessive violence, or offensive subject matter;
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person;
- includes information about another person that you have posted without that person’s consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- involves commercial activities and/or sales without prior written consent from KD such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- impersonates or attempts to impersonate another user, person or entity;
MONITORING OF WEBSITE CONTENT
We are under no obligation to restrict or monitor Website content in any way. You understand and acknowledge that KD does not regularly monitor the accuracy or reliability of content and that use of the Website is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of KD. KD neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Website by anyone other than authorized KD employees acting in their official capacities.
PROTECTION OF SITE CONTENT
Our Website is protected by Canadian, U.S. and international intellectual property laws, which you agree to respect. All content on the Website, including but not limited to text, logos, icons, images, graphics, audio clips, compilations and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of KD or its content suppliers. All software used on the Website is the property of KD or its software suppliers.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Website, and/or your Account, or suspend or block your access to the Website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Website. KD may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the Website.
PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KD with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
KD’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
BTM Lawyers LLP
130 Brew Street, #530
Port Moody, BC
DISCLAIMER OF WARRANTIES
THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM KD, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR ENTERTAINMENT PURPOSES ONLY. YOU USE THE WEBSITE AND CONTENT AT YOUR OWN RISK. THE WEBSITE IS PROVIDED BY KD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KD MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION OR CONTENT INCLUDED ON THE WEBSITE. KD MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER KD, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF KD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
A) Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
C) Disputes; Choice of Law; Export Limitations. The Website is controlled by us from our offices within Canada, and some aspects and portion of the Website are hosted at third-party servers within Canada and the United States of America. If you choose to access this Website from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of Canadian or U.S. import and/or export laws and regulations or the Terms. By visiting the Website, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website will be resolved by arbitration. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by KD or through the Website will be resolved by binding arbitration, rather than in court, except that we and you may assert claims in small claims court if the claims qualify.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
D) Limitations on Actions. Any action concerning any dispute you may have with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
E) Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
G) No Waiver. The failure of KD to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or KD right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
H) This Agreement shall be governed by and construed in accordance with the laws of the British Columbia, Canada.