KickLink, LLC Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
2. Eligibility, Registration and Account
By using our Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) will not offer coaching services from more than one KickLink account without our express permission, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
In order to access or use certain areas and features of our Services, you may need to register for an account. By registering for an account, you agree to (i) provide accurate, truthful, current and complete account information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device; (iv) promptly notify KickLink if you discover or otherwise suspect any security breaches related to our Services or your account; and (v) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
3. Communications Preferences
By creating a KickLink account, you consent to receive electronic communications from KickLink (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time.
The materials on KickLink, LLC's website are provided "as is". KickLink, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, KickLink, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
5. Revisions and Errata
The materials appearing on KickLink, LLC's web site could include technical, typographical, or photographic errors. KickLink, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. KickLink, LLC may make changes to the materials contained on its web site at any time without notice. KickLink, LLC does not, however, make any commitment to update the materials.
KickLink, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by KickLink, LLC of the site. Use of any such linked web site is at the user's own risk.
7. Cancellation, Refund and Rescheduling Policy
KickLink enables instructors to set their own cancellation, refund and reschedule policies. KickLink, LLC's fee is non-refundable and won’t be included.
8. Release of Liability for Injury or Death; Professional Advice Disclaimer; Limitation on Liability; Damages.
Release Of Liability For Injury Or Death
Your Participation In KickLink, LLC Sessions Is At Your Own Risk. Exercise Programs Of Any Kind Represent An Inherent Danger To Participants. Neither KickLink, LLC Nor KickLink, LLC Instructors Are Liable For Any Personal Injury Or Death That Results From Use Of The Service. You Release KickLink, LLC And KickLink, LLC Instructors From All Liability For Injury Or Death That Results From Your Participation In Sessions Or Use Of The Service. KickLink, LLC Will Not Be Liable To KickLink, LLC Instructors For Any Injury Or Death That Results From KickLink, LLC Instructors Use Of The Service And If You Are A KickLink, LLC Instructors, You Release KickLink, LLC From Any Such Liability. In Cases Where Applicable Law Does Not Allow The Above Release Of Liability, KickLink, LLC’s Liability Will Be Limited To The Extent Permitted By Law.
Professional Advice Disclaimer
You Should Not Rely On The Service As A Substitute For, Nor Does It Replace, Professional Medical Advice, Diagnosis, Or Treatment. Members Should Consult A Physician Before Beginning Use Of The Service Or Any Exercise Program. Please Check All Equipment And The Area In Which You Are Using The Service For Any Dangerous Conditions. If You Have Any Concerns Or Questions About Your Health, You Should Always Consult With A Physician Or Other Healthcare Professional. Do Not Disregard, Avoid Or Delay Obtaining Medical Or Health Related Advice From Your Healthcare Professional Because Of Something You May Have Read On The KickLink, LLC.Com Website Or Via The Service. The Use Of Information Provided Through The Service Is Solely At Your Own Risk. Nothing Stated Or Posted On The KickLink, LLC.Com Website Or Available Through The Service Is Intended To Be, And Must Not Be Taken To Be, The Practice Of Medical Or Counseling Care.
Limitation of Liability
Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will KickLink, LLC or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if KickLink, LLC has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, KickLink, LLC's liability will be limited to the extent permitted by law.
In no event shall KickLink, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on KickLink, LLC 's Internet site, even if KickLink, LLC or a KickLink, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
10. Removal of Users
KickLink, LLC reserves the right to remove, disable, or suspend any user at any time, for any reason, or no reason at all.
11. Website Modifications
KickLink, LLC reserves the right to modify any and all aspects of the website at any time, including removing or editing any user listings, comments, biographical information, or anything else, at any time without notice.
KickLink, LLC reserves the right to market, post pictures of, and/or promote any user on any website or in person.12. Governing Law
Any claim relating to KickLink, LLC's website shall be governed by the laws of the State of New York and the United States in regard to its conflict of law provisions.
KickLink service: Sharetribe Ltd
info (at) sharetribe.com
Name of the register
User register of the KickLink service
Use of personal details (purpose of register)
Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
Information content of the register
The following information may be stored in the register:
- Personal details: Name, email address, phone number, street address
- Account details: username, password (stored in encrypted format)
- The description text that the user may write about him/herself
- The offers and requests the user has posted to the service
- The given and received feedback and badges
- Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information
Personal details are given by the user on registration to the service or when using it later.
Regular handovers of the information
Information considering users of a single KickLink community may be handed over to the client who has founded that community or to the community administrators appointed by that client.
Transfers of the information outside the EU and the European Economic Area
Information may be stored to a server that may be located inside or outside of the EU and the European Economic Area
Register protection principles
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.