TERMS AND CONDITIONS OF USE
Agreement Between Site User and High Quality Nutrition Company LLC (“Kettlebell Kitchen”)
The Kettlebell Kitchen Web site is comprised of various Web pages operated by Kettlebell Kitchen, who maintains this Web site as a service to those users who are interested in Kettlebell Kitchen products. The Kettlebell Kitchen Web site is intended to be informative, and access to this Web site is governed by the terms and conditions set forth herein and all applicable laws.
The Kettlebell Kitchen Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Kettlebell Kitchen Web Site constitutes your agreement to all such terms, conditions, and notices. You acknowledge and agree that all content and material on this Web site, including but not limited to, text and images, is protected by copyrights, trademarks, service marks or other intellectual property rights and laws. Except as expressly authorized in writing by Kettlebell Kitchen, you agree not to sell, license, rent, modify, distribute, copy, reproduce, or transmit materials or content from the Kettlebell Kitchen web site.
Modification of these Terms and Conditions of Use
Kettlebell Kitchen reserves the right to change the terms, conditions, and notices under which the Kettlebell Kitchen Web Site is offered, including but not limited to the charges associated with the use of the Kettlebell Kitchen Web Site.
Links to Third Party Site
The Kettlebell Kitchen Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Kettlebell Kitchen and Kettlebell Kitchen is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kettlebell Kitchen is not responsible for webcasting or any other form of transmission received from any Linked Site. Kettlebell Kitchen is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kettlebell Kitchen of the site or any association with its operators.
Health Information Disclaimer
Any medical or health related information provided on the Kettlebell Kitchen Web site is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider.
No Unlawful or Prohibited Use of the Kettlebell Kitchen Web site
As a condition of your use of the Kettlebell Kitchen Web Site, you warrant to Kettlebell Kitchen that you will not use the Kettlebell Kitchen Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Kettlebell Kitchen Web Site in any manner which could damage, disable, overburden, or impair the Kettlebell Kitchen Web Site or interfere with any other party’s use and enjoyment of the Kettlebell Kitchen Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Kettlebell Kitchen Web Sites.
Use of Communication Services
The Kettlebell Kitchen Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Kettlebell Kitchen has no obligation to monitor the Communication Services. However, Kettlebell Kitchen reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kettlebell Kitchen reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Kettlebell Kitchen reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kettlebell Kitchen’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Kettlebell Kitchen does not control or endorse the content, messages or information found in any Communication Service and, therefore, Kettlebell Kitchen specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Kettlebell Kitchen spokespersons, and their views do not necessarily reflect those of Kettlebell Kitchen.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Kettlebell Kitchen or Posted on the Kettlebell Kitchen Web site
Kettlebell Kitchen does not claim ownership of the materials you provide to Kettlebell Kitchen (including feedback and suggestions) or post, upload, input or submit to any Kettlebell Kitchen Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Kettlebell Kitchen, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Kettlebell Kitchen is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Kettlebell Kitchen’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KETTLEBELL KITCHEN WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KETTLEBELL KITCHEN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KETTLEBELL KITCHEN WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE KETTLEBELL KITCHEN WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
KETTLEBELL KITCHEN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KETTLEBELL KITCHEN WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KETTLEBELL KITCHEN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KETTLEBELL KITCHEN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KETTLEBELL KITCHEN WEB SITE, WITH THE DELAY OR INABILITY TO USE THE KETTLEBELL KITCHEN WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KETTLEBELL KITCHEN WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE KETTLEBELL KITCHEN WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KETTLEBELL KITCHEN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KETTLEBELL KITCHEN WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KETTLEBELL KITCHEN WEB SITE.
SERVICE CONTACT: [email protected]
Termination/Access Restriction
Kettlebell Kitchen reserves the right, in its sole discretion, to terminate your access to the Kettlebell Kitchen Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in California, U.S.A. in all disputes arising out of or relating to the use of the Kettlebell Kitchen Web Site. Use of the Kettlebell Kitchen Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kettlebell Kitchen as a result of this agreement or use of the Kettlebell Kitchen Web Site. Kettlebell Kitchen’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kettlebell Kitchen’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Kettlebell Kitchen Web Site or information provided to or gathered by Kettlebell Kitchen with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kettlebell Kitchen with respect to the Kettlebell Kitchen Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kettlebell Kitchen with respect to the Kettlebell Kitchen Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the Kettlebell Kitchen Web Site including but not limited to text, design, graphics, interfaces, or code are: Copyright 2018 by High Quality Nutrition Company LLC. All rights reserved. All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Kettlebell Kitchen, or other respective owners that have granted Kettlebell Kitchen license to use such marks.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Indemnification
Upon a request by Kettlebell Kitchen, you agree to defend, indemnify and hold harmless Kettlebell Kitchen and its affiliates and their directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of this web site. Kettlebell Kitchen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Kettlebell Kitchen in asserting any available defenses.
Binding Arbitration and Class Action Waiver
You agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act, and agree not to sue in court in front of a judge or jury. You understand that through individual arbitration, a neutral arbitrator will decide and the arbitrator’s decision will be final except for limited appeal rights under the Federal Arbitration Act. Additionally, as a condition of use of the Kettlebell Kitchen, you understand and agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where an individual acts in a representative capacity is not allowed. You further understand and agree that individual proceedings cannot be combined for any reason whatsoever without express consent of all parties involved.
Contact Us
If you have any questions about these Terms of Use, please contact us at: [email protected]
TERMS AND CONDITIONS OF USE
Agreement Between Site User and High Quality Nutrition Company LLC (“Kettlebell Kitchen”)
The Kettlebell Kitchen Web site is comprised of various Web pages operated by Kettlebell Kitchen, who maintains this Web site as a service to those users who are interested in Kettlebell Kitchen products. The Kettlebell Kitchen Web site is intended to be informative, and access to this Web site is governed by the terms and conditions set forth herein and all applicable laws.
The Kettlebell Kitchen Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Kettlebell Kitchen Web Site constitutes your agreement to all such terms, conditions, and notices. You acknowledge and agree that all content and material on this Web site, including but not limited to, text and images, is protected by copyrights, trademarks, service marks or other intellectual property rights and laws. Except as expressly authorized in writing by Kettlebell Kitchen, you agree not to sell, license, rent, modify, distribute, copy, reproduce, or transmit materials or content from the Kettlebell Kitchen web site.
Modification of these Terms and Conditions of Use
Kettlebell Kitchen reserves the right to change the terms, conditions, and notices under which the Kettlebell Kitchen Web Site is offered, including but not limited to the charges associated with the use of the Kettlebell Kitchen Web Site.
Links to Third Party Site
The Kettlebell Kitchen Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Kettlebell Kitchen and Kettlebell Kitchen is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kettlebell Kitchen is not responsible for webcasting or any other form of transmission received from any Linked Site. Kettlebell Kitchen is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kettlebell Kitchen of the site or any association with its operators.
Health Information Disclaimer
Any medical or health related information provided on the Kettlebell Kitchen Web site is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider.
No Unlawful or Prohibited Use of the Kettlebell Kitchen Web site
As a condition of your use of the Kettlebell Kitchen Web Site, you warrant to Kettlebell Kitchen that you will not use the Kettlebell Kitchen Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Kettlebell Kitchen Web Site in any manner which could damage, disable, overburden, or impair the Kettlebell Kitchen Web Site or interfere with any other party’s use and enjoyment of the Kettlebell Kitchen Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Kettlebell Kitchen Web Sites.
Use of Communication Services
The Kettlebell Kitchen Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Kettlebell Kitchen has no obligation to monitor the Communication Services. However, Kettlebell Kitchen reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kettlebell Kitchen reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Kettlebell Kitchen reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kettlebell Kitchen’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Kettlebell Kitchen does not control or endorse the content, messages or information found in any Communication Service and, therefore, Kettlebell Kitchen specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Kettlebell Kitchen spokespersons, and their views do not necessarily reflect those of Kettlebell Kitchen.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Kettlebell Kitchen or Posted on the Kettlebell Kitchen Web site
Kettlebell Kitchen does not claim ownership of the materials you provide to Kettlebell Kitchen (including feedback and suggestions) or post, upload, input or submit to any Kettlebell Kitchen Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Kettlebell Kitchen, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Kettlebell Kitchen is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Kettlebell Kitchen’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KETTLEBELL KITCHEN WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KETTLEBELL KITCHEN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KETTLEBELL KITCHEN WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE KETTLEBELL KITCHEN WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. KETTLEBELL KITCHEN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KETTLEBELL KITCHEN WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KETTLEBELL KITCHEN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KETTLEBELL KITCHEN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KETTLEBELL KITCHEN WEB SITE, WITH THE DELAY OR INABILITY TO USE THE KETTLEBELL KITCHEN WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KETTLEBELL KITCHEN WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE KETTLEBELL KITCHEN WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KETTLEBELL KITCHEN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KETTLEBELL KITCHEN WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KETTLEBELL KITCHEN WEB SITE. SERVICE CONTACT: INSERT EMAIL ADDRESS
Termination/Access Restriction
Kettlebell Kitchen reserves the right, in its sole discretion, to terminate your access to the Kettlebell Kitchen Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in California, U.S.A. in all disputes arising out of or relating to the use of the Kettlebell Kitchen Web Site. Use of the Kettlebell Kitchen Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kettlebell Kitchen as a result of this agreement or use of the Kettlebell Kitchen Web Site. Kettlebell Kitchen’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kettlebell Kitchen’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Kettlebell Kitchen Web Site or information provided to or gathered by Kettlebell Kitchen with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kettlebell Kitchen with respect to the Kettlebell Kitchen Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kettlebell Kitchen with respect to the Kettlebell Kitchen Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. Copyright and Trademark Notices All contents of the Kettlebell Kitchen Web Site including but not limited to text, design, graphics, interfaces, or code are: Copyright 2018 by High Quality Nutrition Company LLC. All rights reserved. All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Kettlebell Kitchen, or other respective owners that have granted Kettlebell Kitchen license to use such marks.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Indemnification
Upon a request by Kettlebell Kitchen, you agree to defend, indemnify and hold harmless Kettlebell Kitchen and its affiliates and their directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of this web site. Kettlebell Kitchen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Kettlebell Kitchen in asserting any available defenses.
Binding Arbitration and Class Action Waiver
You agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act, and agree not to sue in court in front of a judge or jury. You understand that through individual arbitration, a neutral arbitrator will decide and the arbitrator’s decision will be final except for limited appeal rights under the Federal Arbitration Act. Additionally, as a condition of use of the Kettlebell Kitchen, you understand and agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where an individual acts in a representative capacity is not allowed. You further understand and agree that individual proceedings cannot be combined for any reason whatsoever without express consent of all parties involved.
Contact Us
If you have any questions about these Terms of Use, please contact us at: [email protected]
Kettlebell Kitchen Inc. (“Kettlebell Kitchen” “we,” “our,” or “us”) is pleased to offer a Subscription Program for its Meal Plan Products.
When you choose to enroll in a Subscription Program for any Meal Plan Product, the following Terms and Conditions apply:
You must have an account, a valid email address, and a credit card and/or debit card to participate in the Subscription Program.
When you place a Subscription Program order, Kettlebell will ship that same quantity of meals every seven (7) days. Prior to each shipment, you have the opportunity to select the meals received or to allow Kettlebell to select meals for you that are within the same Meal Plan and that are similar to previous choices.
Your Subscription Program’s order’s final total may vary due to changes in price, tax rates, Customs, duties fees, and/or shipping costs. Your order total will include:
The credit card you used to place your initial Subscription Program order will be charged until you cancel your Subscription Program order or modify your credit card information. Subsequent orders will be charged the day the order is placed and forwarded for processing.
If your credit card is declined at the time of a Subscription Program order placement, your order will not be placed; you will be notified that your Subscription Program payment has failed and you will need to update your credit card information. Once your payment information is corrected, your Subscription Program order will be processed. To update your credit card information, you can go to your “My Account” section and click “Payment Method.”
Credit Card and Debit Card payment will be the only valid payment types accepted for Subscription Program order payment. Store Credit, Gift Certificates, Checks, PayPal, and Bill Me Later will not be accepted.
The Products available for the Subscription Program are based on a current price. This means that item prices are not locked in and are subject to change.
A Subscription Program confirmation email will be sent after the initial Subscription Program order is processed and shipped. Once a Subscription Program order is scheduled, an email will be sent about XX days prior to the next Meal Plan order in the Subscription Program. The email will designate a timeframe (typically about XX hours) for you to select the meals you will receive with your next Meal Plan Subscription Order or to designate that you wish for Kettlebell Kitchen to select meals for you within the same Meal Plan that are similar to your previous selections. If you do not respond within the designated timeframe, Kettlebell Kitchen will choose similar meals for you within the same Meal Plan. Kettlebell Kitchen will take every step possible to honor selections received after the designated timeframe, but cannot guarantee those meals will be able to be provided in that Meal Plan Subscription Program order.
The default delivery location for your Meal Plan Subscription Program order will be the same location (home or another designated location) as your initial Meal Plan Subscription Program order was delivered. You will have an opportunity to designate a different location in your pre-order subscription notification (detailed above). If you do not identify a different delivery location in the designated timeframe, your Meal Plan Subscription Order will be sent to the location used in your initial Meal Plan Subscription Program Order. Kettlebell Kitchen will take every step possible to honor changed location designations received after the timeframe, but cannot guarantee those meals will be able to be delivered to that address.
If your delivery location is somewhere other than your home address (such as your local gym), you understand these locations are not always accessible and acknowledge it is your sole responsibility to pick up your delivery during the location’s hours of operation.
The initial Subscription Program period is seven (7) days, with the next Meal Plan order being shipped every seven (7) days from the initial order. If this date falls on a Sunday or Holiday, it will be processed on the next business day.
Subscription Program shipments will be of the same quantity of each type of meal ordered during the initial Meal Plan Subscription Program. You may change the number and types of meals received as part of your Meal Plan Subscription Program at any time by logging into your account, going to your “My Account” section, and clicking “Meal Plans.” You may also call us at (917) 267-8323 (Monday-Friday, 9am–5pm EST) or email us at [email protected] with your name, email address associated with your subscription, and the desired change. Pricing may change depending on the changes to the Subscription Program. The change will be reflected on your next scheduled Meal Plan Subscription Program order.
Kettlebell Kitchen understands life is unpredictable. If you’re going on vacation or just don’t want your meals for a week, you can postpone your subscription until the following week by logging into your account, going to your “My Account” section, and clicking “Meal Plans.” You may also call us at (917) 267-8323 (Monday-Friday, 9am–5pm EST) or email us at [email protected] with your name, email address associated with your subscription, and that you’d like to postpone your order.
Once the designated time has passed, your subscription will work like before.
Postponing your next shipment will affect how you are billed. Once you reach your selected postponement end date, your subscription will renew and bill on a weekly basis starting on that date, unless further changes are made.
You may cancel your subscription to Meal Plans offered through the Subscription Program at any time. If there is an outstanding order associated with your subscription, the cancellation will go into effect once that order is processed.
To cancel your subscription, you may do so by:
Kettlebell Kitchen is committed to constantly innovating its products and from time to time will update a meal’s recipe or composition. In the event of such an update, your Subscription Program order will continue as before except that the meal will be with the new recipe. You will not be notified separately of this change before a subsequent Subscription Program order is processed and shipped.
Please contact us at [email protected] with any questions regarding these Terms and Conditions.
Kettlebell Kitchen may modify or update the Subscription Program from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last updated’ date at the top of this page.
