TERMS AND CONDITIONS
PLEASE ALLOW AN AVERAGE OF 2-3 WEEKSF OR YOUR ORDER TO ARRIVE.
ALL KINETIC LINK ITEMS ARE SPECIALTY MADE PRE ORDER, MEANING PRODUCTION DOES NOT BEGIN UNTIL AFTER THE SALE IS COMPLETED. THIS MEANS THAT WAIT TIME WILL VARY THRU EACH RELEASE. PLEASE READ THE ITEM DESCRIPTION CAREFULLY BEFORE YOU PLACE YOUR ORDER. YOUR PATIENCE IS MOST APPRECIATED.
ALL ORDERS ARE FINAL SALE. NO EXCHANGES WILL BE ALLOWED AFTER YOUR ORDER IS PROCESSED, SO PLEASE INFORM YOURSELF FULLY BEFORE YOU ORDER.
KineticLiNKing@thekineticlink.com
Use of the Service
The Services provide users with guidance and information on how to improve their fitness and health, but THE SERVICES ARE NOT A SUBSTITUTE FOR QUALIFIED, PROFESSIONAL MEDICAL CONSULTATION OR ADVICE. YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING THIS AND ANY NEW FITNESS PROGRAM. Our recommended workout plans and exercises should not be thought of or considered as medical advice, diagnoses or treatment. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED ON THE SERVICES IS SOLELY AT
YOUR OWN RISK.
The Services are intended for use only by individuals healthy enough to perform strenuous exercise. In becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services, OR that all of the following statements are true:
1. No physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
2. You have never felt chest pain when engaging in physical activity;
3. You have not experienced chest pain when not engaged in physical activity at any time within the past month;
4. You have never lost your balance because of dizziness and you have never lost consciousness;
5. You do not have a bone or joint problem that could be made worse by a change in your physical activity;
6. Your physician is not currently prescribing drugs for your blood pressure or heart condition; you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
7. You do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and you do not know of any other reason you should not exercise.
8. If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating, or (B) your physician has specifically approved your use of the Services.
You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason.
You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Services, you acknowledge and agree that your performance of any and all exercises or activities recommended by the Services is wholly at your own risk. Neither The Kinetic LiNK® LLC nor any of its trainers will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.
Rules of Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
1. Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or
contractual duty you know is false, misleading, untruthful or inaccurate;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, otherwise harms a third party, tortuous, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise
inappropriate as determined by us in our sole discretion;
3. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
4. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with
the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
5. impersonates any person or entity, including any of our employees or representatives; or
includes anyone’s identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Applications or the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, (iii) copy, rent, lease, distribute, use the Services for timesharing or service bureau purposes or otherwise transfer any of the rights that you receive hereunder, or (iv) remove or obscure any proprietary notices on the Services. You shall abide by all applicable laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.