Effective Date: January 1, 2020
Thank you for choosing KP ELITE by KP Strength & Performance to assist in helping meet your sports performance goals. We are proud to provide athletes around the world with premade and customized strength and conditioning programs that are easy to access, follow, and gain results from.
By accessing, purchasing, registering for, browsing, clicking a box to signify your consent, or otherwise using the KP ELITE Services, you acknowledge that you have read, understood and agree to be bound by these Terms. KP Strength & Performance may, at its sole discretion, revise these Terms from time to time, with the revised terms taking effect on the date of posting. Your continued use of the KP ELITE Services after the posting of such revisions constitutes your acceptance of the revised version of these Terms. You should review these Terms on a regular basis, as they are a legally binding agreement between you and KP Strength & Performance. READ ALL OF THESE TERMS PRIOR TO ACCESSING OR USING THE KP ELITE SERVICES. IF YOU DO NOT INTEND TO ACCEPT THESE TERMS OR ENTER INTO A LEGALLY BINDING AGREEMENT WITH KP STRENGTH & PERFORMANCE, YOU MAY NOT USE THE KP ELITE SERVICES.
1. Eligibility for Use of the KP ELITE Services
2. Acknowledgment of Risks Associated with Strength and Conditioning Activities
The fitness, strength and conditioning, and nutrition information and recommendations provided by the KP ELITE Services are not intended as a substitute for medical advice from your health care provider. KP Strength & Performance is not a medical organization. You acknowledge that all fitness activities, including strength training and conditioning, present inherent risk of possible physical stress, injury, and lack of success, and you acknowledge and agree to assume this entire risk in purchasing and using the KP ELITE Services. You further acknowledge that the KP ELITE Services and training recommendations are intended for an individual user based on specific input regarding that user and are not intended for the use of anyone besides that specific user.
You represent and warrant that you have consulted a licensed physician or doctor before using any of the KP ELITE Services, and any associated methods or practices, to ensure that there are no potential or foreseeable health or injury risks from your use of KP ELITE Services.
3. Registration and Accounts on the KP ELITE Services
Some portions of the KP ELITE Services may permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image, or photograph. You also agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the KP ELITE Services.
We may suspend or terminate your account and your ability to use the KP ELITE Services or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
4a. Purchases Through the KP ELITE Services
KP ELITE Services allow you to purchase products or services. You agree to pay for all products and services provided through KP Strength & Performance that are ordered through your account. You authorize KP Strength & Performance to charge your credit card or debit card for any products or services purchased and for any additional amounts (including any applicable taxes, late fees, and associated bank fees) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing KP Strength & Performance with a valid credit card or form of payment for all fees. All fees will be billed to the credit card you designate during the registration process. If you wish to designate a different credit card or form of payment, then you are solely responsible for changing such information online in your account setting.
All purchases made directly through a KP Strength & Performance representative or through any KPSP website are final. You acknowledge your electronic submissions constitute an agreement and an intent to be bound by and pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the KP ELITE Services, including notices of cancellation, policies, contracts, and applications. It is your sole responsibility to review and understand all policies, content, and agreements associated with the use of the KP ELITE Services or any products KP Strength & Performance may supply.
4b. Refund & Cancellation Policy for KP ELITE Services
KP ELITE Services defined as a "one-time payment" (e.g. At-Home Athletic Program) are refundable within 7 calendar days of purchase. Please send your refund request to email@example.com with your full name and invoice number. Once approved, refunds will take a minimum of 5-10 business days to appear on the credit card used at purchase.
KP ELITE Services defined as a "monthly subscription" (e.g. Take Flight, Game Speed, Built Strong, & Custom ELITE) are non-refundable after purchase.
To cancel a KP ELITE Service, KPSP requires a cancellation request sent by email to firstname.lastname@example.org at least 14 calendar days before your next scheduled auto-payment. Late cancellation requests will not be valid and therefore your next monthly payment will be billed accordingly.
5. Disclaimer of Warranties
THE KP ELITE SERVICES ARE PROVIDED: (1) WITH ALL FAULTS AS-IS AND AS-AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. KP STRENGTH & PERFORMANCE, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF KP ELITE SERVICES, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) BODILY INJURY, DEATH, DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA.
FOR AVOIDANCE OF DOUBT, YOU AGREE THAT YOU MAY NOT RELY, AND KP STRENGTH & PERFORMANCE WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THE KP ELITE SERVICES, INCLUDING ANY DECISIONS YOU MAKE ABOUT DIAGNOSIS OR TREATMENT. ANY OPINION OR INFORMATION PRESENTED ON THE WEBSITE AND APP IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6. User Conduct and Usage Restrictions
By using or accessing the KP ELITE Services, you represent, warrant and agree that you will not:
- do anything that could disable, overburden or impair the proper working of the KP ELITE Services, including any interference with the servers or networks used to make the KP ELITE Services available or any violation of the requirements, procedures, policies, or regulations of such networks;
- restrict or inhibit any person from rightfully using the KP ELITE Services;
- transmit, post to, or make available through the KP ELITE Services any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- use any robot, spider, scraper or other automated means to access any portion of the KP ELITE Services;
reverse engineer, decompile, or disassemble any portion of the KP ELITE Services;
- send spam or any other unauthorized advertisements or solicitations through or using the KP ELITE Services;
- use an iFrame or offer web search functionality on the KP ELITE Services;
harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the KP ELITE Services;
- solicit private information (including social security numbers, credit card numbers and passwords) from users of the KP ELITE Services;
- impersonate any person or entity, including any moderator or any of our representatives, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the KP ELITE Services, or stating or implying that we endorse any statement you make;
- transmit, post to, or make available through the KP ELITE Services any content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that KP Strength & Performance may consider offensive;
- transmit, post to, or make available through the KP ELITE Services any addresses, phone numbers or email addresses or other contact information or private information of any third party or any content that violates the law or anyone’s rights, including intellectual property rights or other proprietary rights (such as rights of publicity and privacy);
- transmit, post to, or make available through the KP ELITE Services any false, misleading or fraudulent information;
- intimidate, harass, or violate the rights of any user or other person;
- otherwise do anything that is illegal, infringing, fraudulent, malicious or could expose KP Strength & Performance or users of the KP ELITE Services to harm or liability; or
attempt, encourage or facilitate any of the above.
Without limiting any of the foregoing, you may only use the KP ELITE Services for personal noncommercial and lawful purposes. You may not exploit any aspect of the KP ELITE Services for any commercial purpose without prior written and signed authorization from KP Strength & Performance. You must comply with all provincial, local, national and international laws, rules and regulations that apply to the KP ELITE Services, your use of the KP ELITE Services, and any products or services you learn about on the KP ELITE Services or access through the KP ELITE Services, including but not limited to, any laws governing the sale, use, or promotion of medications and controlled substances.
7. KP Strength & Performance’s Proprietary Rights
You acknowledge and agree that the KP ELITE Services and any necessary software used in connection with the KP ELITE Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by KP Strength & Performance or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the KP ELITE Services or the Software, in whole or in part.
Subject to your compliance with these Terms, KP Strength & Performance grants you a personal, non-transferable and non-exclusive right and license to access and use the KP ELITE Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the KP ELITE Services. You agree not to access the KP ELITE Services by any means other than through the interface that is provided by KP Strength & Performance for use in accessing the KP ELITE Services.
8. User Content
“User Content” is any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology (whether now known or later developed) and other materials that are uploaded, submitted, posted, transmitted, modified, linked, shared, stored or otherwise made available to or on the KP ELITE Services by you or other users of the KP ELITE Services. You are responsible for all User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available to the KP ELITE Services. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available and that public posting and use of that User Content by us will not infringe or violate the rights of any third party in any manner.
You acknowledge and agree that we may publish, transmit, perform, display, store, distribute, reproduce, modify, re-arrange, create derivative works from, and otherwise use all or any portion of User Content for the purpose of administering the KP ELITE Services and carrying on the business of KP Strength & Performance. You further acknowledge and agree that third parties who provide services to KP Strength & Performance may have access to your User Content and use it in connection with their policies and practices and subject to any agreement they may have with KP Strength & Performance.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on the KP ELITE Services and third party web sites) for any and all purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "User Content License").
By creating User Content, you represent and warrant that the User Content conform to the User Conduct guidelines set forth in these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by these Terms (including the User Content License). These Terms (including the User Content License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to User Content.
You further acknowledge that aspects of the KP ELITE Services may be public and accessible by anyone who visits or uses the KP ELITE Services. In addition to the rights granted to us and our service providers, your use of the KP ELITE Services may allow other users to have access to your User Content which they might copy, modify, distribute, or rely upon even without your express permission to engage in that conduct. Further, you agree to evaluate, and bear all risks associated with, the use of any User Content, including reliance on the accuracy, completeness or usefulness of User Content and any risk that others may be able to identify you based on your User Content.
9. Right to Remove User Content or Block Access
KP Strength & Performance generally does not monitor, approve or have any control over any User Content. Nevertheless, KP Strength & Performance or its designees, at KP Strength & Performance’s discretion, without any obligation and without notice at any time, may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that does not meet the conduct guidelines described in these Terms or is otherwise objectionable. KP Strength & Performance may also block your access to the KP ELITE Services in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate information you provide to KP Strength & Performance; (c) we believe that your actions may cause financial loss or legal liability for you, KP Strength & Performance users or us; or (d) we believe that blocking access is a reasonable business practice under the circumstances.
We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable. We recommend that you back up any User Content that you store or access using the KP ELITE Services.
10. Third Party Content and Links
KP Strength & Performance may make available links to websites operated by third parties, including advertisers. Making available any link to a website does not imply endorsement by KP Strength & Performance of that website or the products or services available through that website; the link may be for your reference and convenience only. Products, services, and content offered through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours. Following links to any other websites or web-based services is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against KP Strength & Performance.
KP Strength & Performance also may post or otherwise provide access to websites, materials, or content of third parties (“Third Party Content”) as a service to those that might be interested in this information. KP Strength & Performance does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. KP Strength & Performance is not responsible for updating or reviewing Third Party Content. You access and use Third Party Content at your own risk.
You agree that KP Strength & Performance is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any Third Party Content. You agree to not use any Third Party Content in a manner that would infringe or violate the rights of any other party and that KP Strength & Performance is in no way responsible for any such use by you.
11. Access to the KP ELITE Services
You may use the KP ELITE Services if and when it is available. Features may be unavailable or the experience may not be the same for every user at all times. KP Strength & Performance does not guarantee availability of any aspect of the KP ELITE Services or any particular feature. We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the KP ELITE Services (including reducing available storage capacity, if any, and removing any of the content contained in the KP ELITE Services) at any time without notice.
You agree that we may terminate your use of the KP ELITE Services if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of KP Strength & Performance or any third party, or for any other reason with or without notice to you.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL KP STRENGTH & PERFORMANCE, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM (a) THE USE OR THE INABILITY TO USE THE KP ELITE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE KP ELITE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE KP ELITE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KP STRENGTH & PERFORMANCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to release, discharge, defend, indemnify and hold harmless KP Strength & Performance, its parents, subsidiaries, officers, directors, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the KP ELITE Services, including any User Content (defined below) that you provide and your violation of any of these Terms.
14. Copyrights and Claims of IP Infringement
KP Strength & Performance and its licensors retain full ownership, rights and protection in all material contained on the KP ELITE Services (including all digital images, videos, text, training programs, HTML code and other code, or business methods), including all intellectual property rights therein, with the exception of User Content. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the KP ELITE Services without the prior consent of KP Strength & Performance or the copyright owner.
All content of the KP ELITE Services is Copyright 2020 KP Strength & Performance and its licensors. All rights reserved.
KP Strength & Performance may deliver notice to you under these Terms by means of electronic mail, a general notice on the KP ELITE Services, or by written communication delivered by Canada Post mail.
You may give notice to KP Strength & Performance at any time by letter delivered by email to email@example.com
17. Updates to these Terms
We reserve the right to update these Terms from time to time. When we do, we will revise the "Effective Date" at the top of these Terms and such Terms will be effective without notice. We encourage you to check this page periodically for any updates. If you continue use of KP Strength & Performance Services following the posting of an updated version of these Terms, we will treat your continued use as acceptance of the updated version.
18. General Provisions
These Terms and your use of the KP ELITE Services are governed by the internal substantive laws of the Province of Ontario, without regard to conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with KP Strength & Performance or in any way relating to your use of the KP ELITE Services (“Legal Action”) resides in the courts of the Province of Ontario. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in Canada's federal court.
If a court of competent jurisdiction holds any term, covenant or restriction of these Terms to be illegal, invalid or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated.
The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance.
No waiver of any provision of these Terms will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE KP ELITE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
KP Strength & Performance will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
KP Strength & Performance retains the right to assign its rights, privileges, responsibilities, and obligations, as identified in these Terms or in other documents, to a third party, in whole or in part, for administration, technical support, marketing, or any other purpose at any time without providing notice to you or other users through the KP ELITE Services or by any other means.
19. SPECIFIC INFORMATION AND ADDITIONAL TERMS FOR COACHES/PARENTS/ADMINISTRATORS:
a. The coaches, parents, supervising party, and the affiliated school or organization (“the Responsible Parties”) agree to hold KP Strength & Performance harmless from any liability from and indemnify against any losses, claims, damages, awards, penalties, or injuries from the users, athletes, children, students, and all other associated or prescribed parties (the “Associated Users”). The Responsible Parties acknowledge that all participation in KP Strength & Performance’s strength and conditioning programs by Associated Users, including all associated exercises, movements, methods, practices, volumes, and intensities contained therein, is done under the guidance and supervision of, and at the risk to the Responsible Parties. The Responsible Parties represent and warrant that the equipment and space used for any Associated User’s participation in KP Strength & Performance’s programs are well-maintained, suitable for strength and conditioning programs, and comply with all applicable safety regulations.
b. The Responsible Parties further warrant that all participating Associated Users, and their legal guardians if the participating Associated Users are under the age of 18, have agreed to use KP Strength & Performance's strength and conditioning programs in adherence with these Terms.
c. The Responsible Parties warrant that they are authorized to enter into such an agreement and agree that they shall be responsible for any Associated Users’ participation in KP Strength & Performance’s strength and conditioning programs, and for any associated personal injury or property damage.