No products in the cart.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The Site contains copyrighted material, trademarks, trade dress and/or other intellectual property owned or controlled by Kinetic Fit Works and/or their affiliates including (but not limited to) text, software, photos, video, graphics, music and sound. The Site as a whole is protected by copyright and trade dress, and all worldwide rights, titles and interests in and to which are owned by the respective copyright owners. Unless otherwise noted Kinetic Fit Works owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Kinetic Fit Works and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Kinetic Fit Works is a trademark of Kinetic Fit Works in the United States and other countries; therefore, derivations are protected under copyright laws. Any trademarks of Kinetic Fit Works may not be used in connection with any product or service that is not authorized by the trademark owner including any use that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All other trademarks not owned by Kinetic Fit Works that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, Kinetic Fit Works.
USE OF THIS SITE
You shall use this Site for lawful purposes only. This Site and all its contents are intended solely for your personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Site or any related software. All software used on this site is the property of Kinetic Fit Works or its suppliers and protected by U.S. and international copyright laws. Additionally, you may not use the Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email posting. Violations of system or network security may result in civil or criminal liability. Kinetic Fit Works may investigate any alleged occurrences or violations of this policy and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Kinetic Fit Works on this Site and other than generally available third party Web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the Site to other a foreign national or a foreign destination in violation of such laws.
LINKS TO THIRD PARTY WEB SITES
This Site is provided for the convenience of our users. Various third party Web sites may be linked to this Site. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by Kinetic Fit Works of the Web site or any association with its operators. Accordingly, Kinetic Fit Works is not responsible for examining or evaluating, and we do not warrant the offerings of, any third party Web sites. Kinetic Fit Works does not assume any responsibility for examining or evaluating, warrant the offerings of, or assume any liability for the actions, product and content of any third parties Web sites.
The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. All products are offered subject to availability. Prices, promotions and/or discounts may be changed at any time without notice. Kinetic Fit Works makes every effort to display the colors of our products as accurately as possible on the Web site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Kinetic Fit Works does not warrant other manufacturers’ products sold at the Site. The products are backed by the limited warranties of the original manufacturer only. Consult your product documentation for specific limited warranty information. The title to purchased goods is retained by Kinetic Fit Works until goods are paid for by the purchaser
You represent and warrant that if you are purchasing something from us that (i) the credit card information you supply us is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including all applicable taxes, shipping and handling charges. YOU, AND NOT KINETIC FIT WORKS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. You further represent and warrant that if you are purchasing something from us and will be paying via check that you will pay all of the charges incurred by you at the posted prices, including all applicable taxes, shipping and handling charges, in a timely manner. A finance charge of 1.5% per month on the unpaid amount of an invoice, or the maximum amount allowed by law, will be charged on past due accounts. Payments made on past due accounts will thereafter be applied first to accrued interest and then to the principal unpaid balance. You shall be responsible for any attorney fees, court costs, or other costs incurred in collection of delinquent accounts
USER WARRANTIES & INDEMNIFICATION
You warrant and represent as follows: (a) You shall abide by all the terms and conditions of this agreement; (b) You are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site; (c) You will not take any action which would derogate Kinetic Fit Works; (d) You will not infringe on the copyrights of any third parties; (e) You will not violate any laws in your use of the Site; and (f) You will not interfere in the business of Kinetic Fit Works by violating the rules above or by attempting to divert traffic from the Site.
You shall indemnify and hold harmless, and at Kinetic Fit Works’ request defend, Kinetic Fit Works, its directors, officers, shareholders, employees, agents, affiliates and owners (each, an “Indemnified Party”) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees, an allocation for in-house counsel, and other legal costs) arising out of any claim of any third party resulting from any breach of your representations, warranties or covenants set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
The Site is provided on an “as is,” “as available” basis and Kinetic Fit Works specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Neither Kinetic Fit Works, nor any of its officers, directors, or employees, agents, third-party content providers (“Providers”), merchants (“Merchants”), sponsors (“Sponsors”), licensors (“Licensors”), or the like (collectively, “Associates”), warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Site; except as otherwise provided on the Site. All merchandise purchased on the Site is subject to the warranties provided by the original manufacturer only and, except as otherwise provided herein, you must contact the manufacturer in the case of any claims as they relate to said warranties, if any.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. THE KINETIC FIT WORKS, AND KINETIC FIT WORKS’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGE TO YOUR COMPUTER FROM USE OF THE SITE OR VIRUSES, OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OR NONPERFORMANCE OF THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS EVEN IF KINETIC FIT WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS OR SERVICES. THIS DISCLAIMER IN NO WAY AFFECTS THE TERM OF ANY MANUFACTURER’S WARRANTY ON ANY PRODUCTS.
TERMINATION OF USAGE
Kinetic Fit Works may terminate or suspend your access to all or part of the Site, without notice, for any conduct that Kinetic Fit Works, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, Kinetic Fit Works, a third-party Provider, Merchant, Sponsor, service provider, or any other Associates.