Terms and Conditions Of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.
By using https://kinetex.co (the “Site”), you agree to be bound by these TERMS AND CONDITIONS OF USE (these “Terms”). If you do not agree to comply with all of these Terms, you should immediately discontinue any use of the Site. AVCSPORTDEV, LLC, a Florida limited liability company (the a “Company”, “we”, “our” or “us”) may revise and update these Terms at any time without notice, in our sole discretion. Your continued usage of the Site will mean you accept those changes. These Terms were last updated on 11/26/2023.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THESE TERMS, THE SITE OR PRODUCTS, SERVICES OR OTHER OFFERINGS AVAILABLE ON THE SITE, IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, SERVICES OR OFFERINGS.
Ownership of Intellectual Property
For the purpose of these Terms, “Content” is defined as any information, ideas, articles, communications, software, text, links, published works, photos, video, graphics, music, sounds or other material that can be viewed by users on the Site (and any intellectual property rights related thereto), which is owned by the Company, its affiliates, licensors and/or suppliers. By accepting these Terms, you agree that all Content presented to you on the Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of the Company, its affiliates, licensors and/or suppliers, as applicable. Title to the Content remains with the Company, its affiliates, licensors and/or suppliers, and all rights not expressly granted herein are reserved to the Company, its affiliates, licensors and/or suppliers. The Content and features are subject to change or termination without notice by the Company in its sole discretion. You are prohibited from claiming ownership of or using any of our intellectual property without our prior written consent.
Term of Use and Disclaimer
The Content on the Site and any related social media platforms (including, but not limited to, Twitter, Facebook, Instagram, TikTok, Twitch, Pinterest and YouTube) are based solely upon the opinions and beliefs of personnel of the Company and their personal experiences. The Content does not necessarily reflect the values, thoughts or opinions of the Company.
The Content on the Site is meant for entertainment, informational and educational purposes only. The Company, as well as any contributors of such Content on the Site, claim no responsibility and cannot be held liable for any adverse effects, losses or damages caused directly or indirectly as a result of the implementation, interpretation or application of any of the Content on the Site.
The Site may contain links to or incorporate third-party websites, products and services, and/or display advertisements for third parties (collectively, “Third-Party Content”). Such Third-Party Content is not under the control of the Company, and the Company is not responsible for any Third-Party Content. The Company provides access to the Third-Party Content only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Content. You use all Third-Party Content at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any Third-Party Content, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Content.
If you decide to access any third-party websites linked to the Site, use any third-party products, services, information or websites or the contents thereof, or use any services or products available on our site that are provided by third-party vendors, you do this entirely at your own risk. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE), TO ANY THIRD-PARTY PRODUCTS, SERVICES, INFORMATION, OR LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.
The Kinetex App and related products and services (collectively, the “Application”) may be available for download or use on the Site. The Application or some parts of the Application are available only with a paid subscription. You will be billed in advance on a recurring periodic basis (such as monthly or annually), depending on the type of subscription plan you select when purchasing the subscription. At the end of each subscription period, your subscription will automatically renew under the exact same conditions unless you or the Company cancels it.
If your subscription was made through any application store or distribution platform (like the Apple App Store or Google Play) where the Application may now or in the future be made available (each, an “Application Store”), you can cancel the renewal of your subscription through the applicable Application Store. If your subscription was made through the Site, you can cancel the renewal of your subscription through the Site. You will not receive a refund for the fees already paid for your current subscription period and you will be able to access the Application until the end of your current subscription period.
If required to complete your purchase, you shall provide Company with accurate and complete billing information including full name, address, state, zip code, telephone number and valid payment method information. If automatic billing fails to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If the subscription has been made through an Application Store, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
Company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Application after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
Except when required by law or the applicable Application Store, paid subscription fees are non-refundable. If you wish to request a refund, you may do so by contacting the Application Store directly.
End User License Agreement
By using the Site to download or use the Application, you agree to be bound by the Mobile Application End User License Agreement located here (the “EULA”), which is incorporated herein by this reference. Your failure to agree to the terms of the EULA will restrict your use of the Application and any violation of the EULA will be deemed a violation of these Terms.
Limited Right to Use Site Content
Except as expressly set forth herein you may not copy, reproduce, modify, republish, upload, post, transmit or distribute any Content from the Site in any form or by any means whatsoever (other than use of Site functionality expressly designated for such purpose) without the prior written permission from the Company. Any unauthorized use of Content violates the Company's intellectual property interests and could result in criminal or civil penalties. Any special rules for the use of certain software, videos and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference. Under no circumstances may you sell or license any of the Content without the Company's prior written consent.
Notwithstanding the foregoing, if you would like to use any of the Content from the Site, you must credit the Company by including the following: “This content was created and is owned by AVCSPORTDEV, LLC, copyright© 2023; all rights reserved.”
Testimonials and User Comments
If the Site includes testimonials or comments from the users of our Application or other products, services or offerings, the statements made are voluntary by the user. The testimonials or comments are unedited except for spelling or punctuation.
Postings on the Site
For the purposes of these Terms, “Postings” shall mean any and all comments, information, photos, videos, feedback and ideas that you communicate to the Company or submit or post to the Site or give the Company permission to post to the Site. You hereby agree that by communicating such Postings to the Company or submitting such Postings to the Site, you grant the Company a perpetual limited right to use such Postings in order to deliver its products or services and for marketing and advertising purposes. Any intellectual property contained in Postings that you submit shall remain your intellectual property except for the Company's limited rights to use as described herein. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Site tools, products and services. All Postings must comply in their entirety with all applicable federal, state, local and international laws and regulations. Postings must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, deceitful or otherwise objectionable. The Company reserves the right to delete any Postings that it deems, in its sole discretion, to be disruptive, offensive or a violation of these Terms.
If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your account, and that you are fully responsible for all activities that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your account.
Violation of Terms and Conditions
If you violate any of these Terms, your permission to use the Site and its Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Application or other Content. You agree that the Company may, at its sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Site, and reporting you to the proper authorities, if necessary.
Liability of the Company
THE SITE, ANY SERVICES OR PRODUCTS AND THE CONTENT ARE PROVIDED “AS IS” AND THE USE OF THE SITE, ANY THIRD-PARTY SERVICES OR PRODUCTS AND THE CONTENT IS AT YOUR OWN RISK. THE COMPANY AND ITS LICENSORS, AFFILIATES AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE RELATED TO THE SITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE SITE. BY ACCESSING ANY CONTENT ON THE SITE, YOU ASSUME ALL THE RISK OF YOUR ACCESS AND ANY SUBSEQUENT ACTIONS YOU CHOOSE TO TAKE.
WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE COMPANY AND ITS SUPPLIERS. ACCORDINGLY, THE COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS OR OTHER DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE COMPANY OR ITS LICENSORS, AFFILIATES OR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, THE COMPANY SHALL ONLY BE LIABLE IN AN AMOUNT NOT TO EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY DURING THE PERIOD OF SIX (6) MONTHS PRIOR TO THE DATE GIVING RISE TO THE CLAIM OR DAMAGE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, OR THE CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
Assumption of Risk; Liability Waiver and Release
The Application or other Content may include or make available a variety of exercise, fitness, arm training, sports training, athletic performance training and other physical activity related instructional materials, whether written, verbal or provided in any other format (“Training Content”). Training Content is provided for educational and entertainment purposes only and is not a substitute or replacement for professional medical advice, diagnosis or treatment. If you have concerns about your health, you should always consult with a physician, general practitioner or other health-care professional before engaging in any activities included in the Training Content. Training Content can involve sustained and vigorous physical activity including bending, twisting, leaping, throwing, lifting heavy objects and other movements which place physical strain on the human body. Training Content may include using weights, resistance bands, exercise balls, footballs, baseballs, and other sports or fitness equipment. You understand and acknowledge that participation in activities included in the Training Content creates risks including, but not limited to, risks of bodily injury (including, but not limited to, fractures, concussions, strains and ligament tears), cardiac events, death and property damage. You understand and acknowledge that it is your responsibility to select an appropriate physical environment to participate in Training Content with sufficient room free of objects, obstacles and breakables to allow yourself to participate in activities included in the Training Content. You further acknowledge and understand that your own fitness and conditioning may affect your ability to engage in activities included in the Training Content and that you are solely responsible for the selection, quality and use of any training equipment.
You confirm and acknowledge that there are risks associated with participation in activities included in the Training Content, including, but not limited to the risks set forth in the paragraph above. You acknowledge and agree that your participation in any activities included in Training Content is free and voluntary and you hereby assume and accept the risks of all injury, death, property damage or loss, financial obligation, loss of privacy, loss of reputation and all other injuries and consequences, whether known or unknown, whether foreseen or unforeseeable, and whether incurred at your residence or other locations, that may result, directly or indirectly from your participation in any activities included in Training Content, regardless of the cause.
Notwithstanding anything to the contrary herein, you hereby waive and release Company and its officers, directors, managers, members, employees, agents, affiliates, successors, and assigns from any and all liability, claims, costs and expenses of any kind and of whatever nature that you or your heirs, next of kin or legal representatives may have or which may later accrue, caused by or arising directly from or indirectly from your participation in any activities included in the Training Content, including, without limitation, any injuries suffered while participating in any activities included in the Training Content, any injuries to other persons and any property damage that may occur as a result of your participation in any activities included in the Training Content.
Viruses and Temporary Interruptions
While the Company makes all reasonable attempts to exclude viruses from the Site, it cannot ensure such exclusion. You acknowledge that the Company shall not be liable for any damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Site. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of the Company's control.
You agree to defend, indemnify and hold the Company, its members, managers, officers, employees, contractors, agents, licensors, affiliates and suppliers (collectively, “Indemnitees”), harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your violation of these Terms or the EULA; (ii) your use of the Site; (iii) your violation of applicable laws or regulations; or (iv) your Postings.
This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms, the EULA, the Application or other Content shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Miami and Miami-Dade County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Thank you for your cooperation. We hope you find the Site helpful and convenient to use! Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted to firstname.lastname@example.org.