Terms of Use and Service
KAMS Lifestyle, LLC and KAMSLIFE.COM
These TERMS OF SERVICE (this “Agreement”) apply to the KAMSLIFE.com website (together with its pages and features, the “Site”) and all associated services described further below (the “Services”). This Agreement is made and entered into by and between you and any person helping you access or use the Site or the Services, whether as a guest or a registered user (collectively, “you” or “your”), on the one side, and KAMS Lifestyle, LLC on the other side. You and KAMS Lifestyle, LLC. are sometimes referred to herein each as a “Party”, and collectively as the “Parties”.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND/OR THE SERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND KAMS Lifestyle, LLC. THIS INCLUDES THE “DISPUTE RESOLUTION” CLAUSE CONTAINED IN THIS AGREEMENT, WHICH PROVIDES FOR BINDING ARBITRATION
YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE CURRENT VERSION OF THIS AGREEMENT WHENEVER YOU ACCESS OR USE THE SITE OR THE SERVICES; AND YOUR CONTINUED ACCESS OR USE OF ANY OF THE FOREGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.
IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT IN ITS ENTIRETY, THEN YOU ARE STRICTLY PROHIBITED FROM ACCESSING OR USING THE SITE OR THE SERVICES.
KAMS Lifestyle, LLC MAY SUPPLEMENT, AMEND OR OTHERWISE MODIFY THIS AGREEMENT AT ANY TIME. SUCH MODIFICATIONS WILL BE POSTED ON THIS OR ANOTHER PAGE OF THE SITE, AS KAMS Lifestyle, LLC DEEMS APPROPRIATE IN ITS SOLE DISCRETION, AND SUCH MODIFICATIONS SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATES. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS AGREEMENT EACH TIME YOU ACCESS OR USE THE SITE OR THE SERVICES.
KAMS LIFESTYLE, LLC is a lifestyle, fitness and wellness organization and offers a variety of services, fitness classes, instruction, training, as well as on line fitness information and services via KAMSLIFE.COM as well as related mobile, desk top and tablet applications. By using this website, registering on-line for any products or services provided by KAMS Lifestyle, LLC via KAMSLIFE.com, KAMSMITTY60 or KAMSMITTY^) FITNESS) Fitness or any other affiliate of KAMS Lifestyle, LLC, you accept these Terms of Use and Service, which forms a binding agreement between you and KAMS Lifestyle, LLC.
You should read and understand these terms of service.
By visiting this website or utilizing any KAMS Lifestyle, LLC services, you are agreeing to accept certain liability limitations and legal and health disclaimers. Your use of any KAMS Lifestyle, LLC service, product or training is at your own risk and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the service, product or training, or use of such service, product or training.
The use and accessibility of certain portions of the Site are only available to KAMS Lifestyle paid members and those who have opted to receive material from KAMS Lifestyle, LLC for fitness training, or other purposes. At any time that membership lapses or is terminated for any reason, access to these portions of the Site will immediately end, be disabled and content held therein will no longer be accessible to that person.
If you do not accept and agree to be bound by all of the terms of service presented here in, limitations of liability, warranty disclaimers and general health and legal disclaimers, do not use this Site or any of the services, products or training herein.
KAMS Lifestyle, LLC reserves the right to modify, alter, update, or remove portions of the terms of this Agreement at any time without notice, so please check the Terms from time to time. Your continued use of the Site signifies your acceptance of any changes. KAMS Lifestyle, LLC’s failure to enforce this Agreement at any time for any reason shall not be construed as a waiver of its right to enforce them at a later time.
General Health Warning and Liability Waiver:
You should consult your physician or other healthcare provider before starting any fitness program or utilizing any of the products, services or merchandise offered herein. Nothing posted on the KAMS Lifestyle, LLC website, nor its services, products or training, is intended to be, and must not be taken to be medical care or advice. You participate in, purchase or utilize any such services, products or training at your own risk. KAMS Lifestyle, LLC, its employees agents, consultants, affiliates, vendors, or partners shall not be liable for any liability, of any kind, resulting form the use of this website, its services, products or merchandise.
Third Party Links:
This Site may contain third party links as a convenience to provide additional information and functionality. By offering such third party links for information, payment processing, videos, etc., KAMS Lifestyle, LLC does not represent or imply that there is any relationship with any such third party or that it is endorsing those third parties, their services or products and makes no representation about any information or tools provided by such third party.
General Conduct:
KAMS Lifestle, LLC will remove from this Site any messages it deems to be inappropriate as detemined by its sole discretion. KAMS Lifestyle, LLC reserves the right, without notice, to prohibit use of the Site by any user who, in our sole discretion, violates the terms of this Agreement. If you believe another user is violating the Terms, you may notify us, and we will work in good faith to resolve such issues.
KAMS Lifestyle, LLC reserves the right to investigate suspected violations of the terms of this Agreement, including gathering information from the user or users involved and the complaining party. You hereby authorize KAMS Lifestyle, LLC and its agents to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations; and (2) system administrators at Internet Service Providers or other network or computing facilities, or other third parties, in order to enforce the Terms. Such cooperation may include the disclosure of personally identifying information.
By accepting the terms, you waive and hold harmless KAMS Lifestyle, LLC from any claims resulting from any action taken during or as a result of its investigations and/or from any actions taken as a consequence of any investigations.
Users of all ages are welcome to browse the site however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Site and in order to access/use some features on the Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information. All activities that occur under your account or password shall be your responsibility.
Copyright and Trademark Notice and Intellectual Property:
All contents of this Site, including the design, look and feel, lay out, graphics, images, logos, icons, software, text, products and services, are the property of KAMS Lifestyle, LLC. No portion of this website or the information contained therein may be downloaded, reprinted, republished, modified or distributed for commercial purposes without the express written permission of KAMS Lifestyle, LLC.
KAMS Lifestyle, LLC logo and all manifestations of such logo(s) and use of the aforementioned phrases and logos are registered trademarks of KAMS Lifestyle, LLC Certain written material contained within this site is copyrighted material and is owned by KAMS Lifestyle, LLC. You may not use, copy, display, distribute, modify or reproduce any of the trademarked or copyrighted material contained in this Site unless expressly authorized to do so in writing by KAMS Lifestyle, LLC.
General:
This website is provided “as is” without any representations or warranties, express or implied. While KAMS Lifestyle, LLC attempts to ensure the integrity and accuracy of this Site, it makes no guarantees as to the accuracy of the content or information; that your access to the site will not be interrupted, or that content accessed from this Site or that of any third party Site is free from virus, or any service issues. You utilize this site and any other site through third party links at your own risk.
Acceptable Use:
You must not use this site in any way that causes, or may cause damage to the website or impair the availability or accessibility of the website; or in anyway which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose. You must not use this site to copy, store, host, transmit, send, use, publish or distribute any material which consists of including, but not limited to, any spyware, virus, worms, or other malicious software. Nor may you conduct any systematic or automated data collection activities in relation to this website.
Privacy Policy:
KAMS Lifestyle, LLC is committed to respecting and protecting your privacy. KAMS Lifestyle, LLC may collect some information from you by your use of this Site when you provide your information. Such information includes you providing information though the completion of forms, or fields on the Site or by contacting us via email, or other means. We may also collect general usage information through your use of this Site. By providing your email address, you authorize KAMS Lifestyle, LLC to contact you at your email address.
We do not disclose any personal information about you to anyone, except as outlined herein or permitted or required by law. KAMS Lifestyle, LLC does not sell your information and takes all reasonable precautions to protect your privacy through this Site.
Although KAMS Lifestyle, LLC will take all reasonable steps to protect information provided through this Site, no method of electronic transmission or storage is 100 percent secure. Therefore, your use of the Site, including providing any of your personal information, is at your own risk and we cannot guarantee that the information provided will always remain private. You agree in the event of any unauthorized third party compromise of our security measures, KAMS Lifestyle, LLC will not be responsible for any damages caused by such unauthorized third party access to such information.
Submission of Content:
You acknowledge your responsibility for any information, profiles, reviews, comments, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) you submit, upload, post or otherwise provide or make available to us or our authorized vendors, on or through the Site or otherwise, including User Content you upload or post on third party websites, channels, applications, or platforms such as Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to KAMS Lifestyle, LLC including, but not limited to; for example, #kamslifestyle and #kindnessisfree; #kamsmitty60 and #kamsmitty60fitness (“Submissions”). Such Submissions may be used on the Site and/or on other KAMS Lifestyle, LLC marketing materials, in emails and on social media. You may only make a Submission if you are 18 years of age or older. If we select a Submission for use on the Site, it may be displayed for others to see, together with your name and associated Instagram, Twitter, Facebook or Vine, or others as the case may be (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so at our discretion.
All Submissions are treated as non-confidential and non-proprietary, except as specifically set forth herein. By making a Submission, you grant, and represent and warrant that you have the right to grant, KAMS Lifestyle, LLC its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that we may use your Submission, and any ideas, concepts or other information contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in this Agreement, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights therein and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google+’s , and the like, terms of use.
You further represent and warrant that your Submissions does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify KAMS Lifestyle, LLC its vendors, including and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by us without restriction or license granted. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
We reserve the right, in our sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. The Site may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third parties and not of KAMS Lifestyle, LLC and we do not endorse any such opinions, statements, or materials.
You acknowledge and agree that we have no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site or otherwise, shall be deemed non-confidential and non-proprietary. We shall be free to use, reproduce, disclose and distribute such feedback in any manner without limitation. We specifically prohibit you from sending us any information that you consider to be confidential or proprietary. Please note that if you do send us any such information or material, the information will be treated as non-confidential and non-proprietary and we can fully utilize the information without any obligation or liabilities to you.
You understand that we do not control and are not responsible for feedback made available through the Site and that by using the Site, you may be exposed to feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any feedback, that you may not rely on said feedback, and that under no circumstances will we be liable in any way for any feedback or for any loss or damage of any kind incurred as a result of the use of any Feedback posted, emailed or otherwise made available. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or share, delete or move any feedback for any reason.
Your interactions with organizations, events and/or individuals found on or through the Site are solely between you and such organizations and/or individuals. We expressly disclaim any liability for such organizations, events or individuals.