ACCESSING OR PARTICIPATING IN ANY MAILING LIST, WEBSITE,
TRANSACTION OR OTHER ON-LINE FORUM, INSTRUCTOR SESSION,
PHYSICAL MEETING OR SERVICE MADE AVAILABLE BY KONNECT AT
OR ANY OTHER WEBSITE OWNED BY KONNECT NETWORK LLC (THE SITE).
You must be 13 years of age or older to register to use the KONNECT Service. By accepting this Agreement, you represent and warrant to KONNECT that you are 13 years of age or older, and that you have the right, authority and capacity to agree to and abide by this Agreement. If you are under 13 years of age, do not use the Site. If you are under 18 years of age, you represent and warrant that you have gone over this Agreement with your parent or legal guardian, and that they consent to your use of the KONNECT Service. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 13 years of age, we cannot confirm your identity, or we believe that you are using the KONNECT Service in a manner contrary to this Agreement or applicable law. KONNECT, in its sole discretion and for any reason, with or without prior notice and without liability, reserves the right to suspend or terminate your access to all or any part of the KONNECT Service at any time.
KONNECT Account and Password
In order to access some features of the Site, you will have to create a KONNECT account. In setting up your KONNECT Account, you may be prompted or required to enter information, including but not limited to your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site or Services. You may never use another person's account without their permission.
Some of the data you provide will be visible in your public profile on KONNECT. You have the ability to control what information is visible through your account settings on the KONNECT website. It is your responsibility to determine what information you allow other Users to see about you. You should review your public profile to ensure that only the information you want disclosed in your public profile is being displayed. If you believe that information is being disclosed without your approval, please notify KONNECT immediate for assistance.
You have the option of accessing or logging in to KONNECT using your Facebook or Google + login and password. Anyone that knows your Facebook or Google + login and password will be able to access your KONNECT account. You are entirely responsible for maintaining the confidentiality of your Facebook or Google + login and password and you alone are responsible for any and all of the activity that occurs on your account. If you know of or suspect that your account or password has been compromised, or there has been any unauthorized use of your account, you must notify KONNECT immediately. You agree not to divulge or share access to your KONNECT Account with any third party for any reason.
KONNECT's Customer Service Team will have the ability to review and modify any KONNECT Account. KONNECT will do this upon your request or as necessary to ensure the continual use of your account.
While KONNECT will not be liable for your losses caused by any unauthorized use of your account, you may be liable to KONNECT for any losses KONNECT or others suffer as a result of such unauthorized use.
Upon creation of your KONNECT account, you will be able to interact with fitness, education and other professionals and other Users around the world. Parents are encouraged to review all correspondence with anyone their child speaks with. KONNECT, in its sole discretion and for any reason, with or without prior notice and without liability, reserves the right to suspend or terminate your access to all or any part of the KONNECT Service at any time.
All materials, unless otherwise specified, appearing within the KONNECT Service, including, without limitation, the logos, icons, site design, text, and graphics, as well as the selection, assembly and arrangement thereof, are the sole property of KONNECT and its licensors. You may only use the content of the KONNECT Service for your own personal use. None of the KONNECT Service materials may be modified, copied, reproduced, uploaded, posted, transmitted, or distributed without KONNECT's prior written permission. All rights not expressly granted herein are reserved. You agree not to view, copy, or procure content or information from the KONNECT Service by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless expressly authorized by KONNECT under separate written agreement. The unauthorized use of the content or materials appearing on the KONNECT Service may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.
Registered Users may post reviews, comments, photos, videos and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property, copyright or trademark rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. KONNECT reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post, submit, upload, embed, display, communicate, link to, email or otherwise distribute or publish (collectively "Post") any content or material ("User Content"), and unless we indicate otherwise, you grant KONNECT and KONNECT's licensees, agents, representatives and other individuals authorized by KONNECT, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the User Content that you Post; that the User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify KONNECT from all claims resulting from the User Content you supply. KONNECT has the right, but not the obligation, to monitor, edit and remove any activity or content. KONNECT takes no responsibility and assumes no liability for any content posted by you or any third party. This User Content section shall survive any expiration or termination of your relationship with KONNECT.
The Site may include posting, materials and forums containing the personal opinions and other expressions of the persons who Post entries on a wide range of subjects. None of the user Posts on the Site, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by KONNECT. You agree that KONNECT is not responsible for your Posts, for reviewing such information, or liable for the content of anything you a third party may Post.
Terms of Online Conduct
You agree to use the Site in accordance with all applicable rules, laws and regulations. You are solely responsible for the User Content you submit through the Site or in connection with any Service, including any material or information you transmit to others users and for your interactions with other users.
You agree that you will not e-mail or post any of the following content (Prohibited Content) anywhere on the Site or in connection with any Service:
- Content that discusses organized partisan political activities;
- that misappropriates or infringes upon another's intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets;
- Content that harasses, defames or threatens others;
- Content that discusses illegal or criminal activities;
- Content that you know is false or misleading;
- Content that violates any contractual confidentiality agreements you are bound by;
- Material that is patently offensive or promotes or incites racism, bigotry, hatred or physical harm of any kind against a group or individual;
- Content that exploits people in a sexual or violent manner or contains nudity, violence or offensive subject matter or contains links to an adult website; and
Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
KONNECT does not screen or monitor User Content. However, KONNECT reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.
You agree that you will not access or attempt to access any other user's KONNECT Account, or misrepresent or attempt to misrepresent your identity while using the Site.
You may not place copyrighted material, including without limitation instructional materials, articles, software, graphics, text, photographs, sound, video and musical recordings on the Site without the express permission of the owner of the copyrighted material, or other legal entitlement to use the material.
The KONNECT Service contains User Content from other Users. Except for User Content posted by you, you may not modify, translate, publish, transmit, distribute, or display any User Content appearing on or through the KONNECT Service without prior written permission from KONNECT or the Registered User of the User Content.
Fitness Professional and Tutor Services
Through KONNECT's Site and Service, we enable users to connect with fitness professionals and tutors (collectively "Instructors") who provide live, one-to-one instruction, tutoring and learning services in either online classrooms ("Sessions") or physical meetings scheduled through KONNECT ("Meetings"). KONNECT and the Instructors of the Sessions and Meetings reserve the right to cancel, interrupt or reschedule any Sessions and Meetings or modify its content.
You are solely responsible for all service and/or other fees and costs associated with your access to and use of the Site and Service and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
You acknowledge that the software, the technology underlying the Service, and all other instructional materials, blog entries, software, designs, materials, information, communications, text, graphics, links, electronic art, illustrations, audio clips, video clips, photographs, images, and other data or copyrightable materials, provided or made available to you in connection with your use of the Site, the Software or the Service (collectively, the KONNECT Content) are the proprietary works of Instructors, KONNECT and/or KONNECT's affiliated and/or third party providers and suppliers (collectively "Third Parties") and are protected, without limitation, by U.S. and foreign copyright laws. Except as expressly authorized by us or in this Agreement, you may not reproduce, copy, circulate, modify, create derivative works of, sell, sublicense, transmit or sublicense the KONNECT Content.
You will not, without the express written approval of KONNECT of the applicable Third Parties, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the software or any other KONNECT Content, the Site or the Service.
Any unauthorized or prohibited use of KONNECT Site, KONNECT Content or the Service may subject you to civil liability and criminal prosecution under applicable federal and state laws.
For your personal and educational use, you may download and print a reasonable number of copies of the documentation made available in connection with the KONNECT Content and your Sessions and Meetings. You are granted a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Service, the Software and the other KONNECT Content for noncommercial personal or educational purposes while this Agreement is in full force and effect; provided that:
any permitted copies of documentation provided or available in connection with the KONNECT Content contain, in an unmodified form: (i) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof; and (ii) all copyright or other proprietary rights notices contained in the materials originally provided to you by KONNECT or an Instructor and an original source attribution to KONNECT and/or the applicable Third Parties; and
you will not modify any of the KONNECT Content except as approved by us in advance in writing. You acknowledge that KONNECT and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the KONNECT Content, the Site and the Service, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the KONNECT Content or otherwise, including without limitation, by accessing or using the Site, the KONNECT Content or the Service.
The rights granted to you herein are revocable by us in accordance with this Agreement.
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the KONNECT Site infringes your copyright, you may send us a notice requesting that the material be removed, or access to it blocked. Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. The notice must include the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow KONNECT to locate the material on the Site;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links to Other Websites
KONNECT may link to other Websites. KONNECT does not make these Websites and is not responsible for what they post on their Websites. You should read all Websites terms and conditions and privacy policies before using such Websites.
Prices will be set by KONNECT or the various Instructors as outlined on the Site. KONNECT currently accepts payment into the Konnect Wallet through PayPal. To fund KONNECT Wallet expenditures you will be required to deposit money in your KONNECT Wallet account through PayPal, to cover the cost of any Sessions, Meetings or services bought in accordance with this Agreement. Upon funding your wallet, KONNECT will convert funds from your Paypal account to KONNECT Wallet Points ("Points") at the exchange rate of one (1) point equals to one (1) United States dollar. Upon purchase of a KONNECT Service, KONNECT will debit your account for the number of Points for the amount of the services or materials bought. You are responsible for ensuring there are sufficient Points in KONNECT Wallet Account to make your desired purchases. You may request the return of your unused Points located in your KONNECT Wallet account at any time. You are also responsible for payment to PayPal any fees associated with the KONNECT transactions.
Any payments owed to Instructors will be credited to the Instructor's KONNECT Wallet account when other users transfer Points to the Instructors Wallet account. KONNECT shall not be held responsible if the users do not pay the Instructors in accordance with previously agreed upon terms of Sessions or Meetings.
KONNECT does not issue refunds for purchases of services on its websites. KONNECT does not guarantee or warrant the services provided by Instructors. Users may request refunds from Instructors, and the Instructors will be solely responsible for administering the request and deciding whether to grant a refund or not. In no event shall KONNECT be liable for returning Points to clients after the client has transferred Points to Instructors.
Fees and Taxes
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Site. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. KONNECT reserves the right to change the fees at any time in its sole discretion. Any change, update, or modification will be effective immediately upon posting on our Site. Should KONNECT be forced to file a collection matter to recover any fees, you agree to pay the reasonable collection costs, including attorney fees and costs, associated with such collection matter.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Disclaimer of Warranty / Limitation of Liabilities
THE SITE, SERVICE AND ANY INFORMATION OR PRODUCTS THEREIN AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KONNECT SERVICE ARE PROVIDED BY KONNECT ON AN AS IS AND AS AVAILABLE BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KONNECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KONNECT SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KONNECT SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KONNECT SERVICE IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE FOREGOING, KONNECT DOES NOT WARRANT THAT: (A) THE SESSIONS, MEETINGS, SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES; (B) THE ONLINE SESSIONS, PHYSICAL MEETINGS, SERVICE OR SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SESSIONS, MEETINGS, SERVICE OR SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE; OR (D) THAT DEFECTS IN OR ON THE SESSIONS, MEETINGS, SERVICE OR SITE WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SESSIONS, MEETINGS, AND SITE OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK. KONNECT DOES NOT MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SESSIONS, MEETINGS AND SITE MAY BE IMPAIRED. KONNECT DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SESSIONS, MEETINGS OR SITE OR ANY INFORMATION OR SERVICES RELATED TO THEM.
You agree that your use of the Service and participation in Meetings shall be at your sole risk. To the fullest extent permitted by law, KONNECT, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and Meetings and your use thereof. KONNECT makes no warranties or representations about the accuracy or completeness of this Service's content, the content of any sites linked to this site, the accuracy or content of any background checks or reports you consent to, or the suitability of any exercises, Instructors, or other content for any given visitor or user, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service or Meetings, (iii) any injuries, problems, or other adverse reactions that may result from performing or utilizing any exercises, Instructors, Meetings or information on the Service, and/or (vii) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service or Meetings.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KONNECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KONNECT DOES NOT WARRANT THAT THE KONNECT SERVICE, MEETINGS, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KONNECT SERVICE, KONNECT SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KONNECT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KONNECT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE KONNECT SERVICE, MEETINGS OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY KONNECT SERVICE OR MEETING, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KONNECT, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO KONNECT'S ABILITY TO MAKE THE KONNECT SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE KONNECT SERVICE OR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to defend, indemnify and hold KONNECT and its Instructors, affiliates, and their respective members, managers, partners, officers, employees, contractors and agents, harmless from and against any and all costs, losses, damages, personal injuries, judgments and expenses (including reasonable attorneys' fees) (collectively, "Losses") incurred in connection with any third-party claim or demand that arises out of or relates to your: (i) use or attempted use of the Site, Sessions, Meetings or Service in violation of this Agreement; (ii) violation of any law or rights of any third party; or (c) information that you Post or otherwise make available on the Site or through your Session and Meetings, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Modifications to Agreement
KONNECT reserves the right to change or modify this Agreement at KONNECT's sole discretion at any time. Any change or modification to this
Agreement will be effective immediately upon posting by KONNECT. If there are any material changes to this Agreement, KONNECT will take reasonable steps to notify you of such changes. In all cases, your continued use of the Site after publication of such modifications, with or without notification, constitutes binding acceptance of the modified Agreement.
Term and Termination
This Agreement remains in full force and effect while you are a User of any of the KONNECT Services. At KONNECT's sole discretion, KONNECT reserves the right to pursue all of its legal remedies, including, but not limited to, deletion of your User Content from the KONNECT Services and immediate termination of your account, for any reason, including, without limitation, upon any breach by you of this Agreement or if KONNECT is unable to verify or authenticate any information you submit to the KONNECT Service.
Legal Disputes and Binding Arbitration
Any dispute or claim relating in any way to your use of the KONNECT Site or Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law and Jurisdiction
By using the KONNECT Site, Service or Meetings, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and KONNECT. You further agree that any arbitration or lawsuit that may take place must be conducted in Las Vegas, Nevada or the federal or state courts located in Las Vegas, Nevada.
You may contact KONNECT at the following address:
Konnect Network LLC
723 S. Casino Center Blvd., 2nd Floor
Las Vegas, NV 89101
Effective as of April 25, 2014.