KLIK™ FITNESS TERMS AND CONDITIONS OF USE

CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING THE KLIK™ FITNESS PRIVACY POLICY, BEFORE USING THE KLIK™ FITNESS WEBSITE, MOBILE APPS OR ANY OF THE ONLINE SERVICES (“Services”). BY ACCESSING OR USING THE SERVICES, YOU (“USER”) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THE SITE OR SERVICES.

KLIK™ FITNESS OWNS AND OPERATES THIS SITE. KLIK™ FITNESS RESERVES THE RIGHT TO CHANGE ANY OF THESE TERMS OR CONDITIONS EFFECTIVE UPON POSTING.

Using the Klik™ Fitness Web Site

KLIK™ may require you to follow certain rules, guidelines or other terms and conditions in order to use various features of the KLIK™ FITNESS Site, to participate in certain promotions or activities available through the KLIK™ FITNESS Site.  Sometimes you may be asked to expressly consent to these additional terms and conditions, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. For example, you will be required to enter into a separate agreement if you use this Site to join one of our clubs, or make a purchase. If any of the terms or conditions of a click-through agreement are different than the terms of these Terms of Use, then the terms of the click-through agreement will supplement or amend these Terms of Use.  KLIK™ reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion and reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.

Product Purchased on KLIK™ Web Site or KLIK™ Facility

KLIK™ is developing and KLIK™ will be selling its own brand of nutritional products specifically manufactured for performance. For any nutritional products purchased on our web site or at one of the facilities, such products may be returned for a full refund – but only if returned within 30 days after purchase and only if the product is not opened or used.

Klik™ Fitness Content

This Site and its design, text, content, selection and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site are owned by Klik™ Fitness, LLC. By using the KLIK™ Fitness web site or Services, you authorizing KLIK™ to utilize this information for the purpose for which it was submitted and for such other purposes as set out in our Privacy Policy. Nothing in these Terms of Use or the Site shall constitute an offer or promise of employment or franchising relationship.

Except for personally identifiable information such as names, addresses, and financial information, unsolicited information submitted to this Site is assigned to KLIK™ Fitness free of charge, together with all worldwide rights, title and interest in all copyrights and other intellectual property rights in such submission and KLIK™ Fitness and its affiliates and related entities may use, sublicense, adapt, distribute, publicly perform, publish, display or delete such submission at its sole discretion. By sending any unsolicited submission to KLIK™ Fitness, you waive the right to make any claim against KLIK™ Fitness, its parents or affiliates related to use of the submission.

Intellectual Property

KLIK™ and KLIK™ FITNESS are trademarks owned by Klik™ Fitness, LLC and may not be used in any manner without the express written consent of KLIK™ Fitness, LLC. a Florida limited liability company located at 17622 Gun Hwy., Suite 362, Odessa, Florida 33609.

All Content on the web site is the property of KLIK™ Fitness or the material is included with the permission of the intellectual property right owner and is protected pursuant to applicable copyright and trademark laws. The posting of any Content on this Site does not constitute a waiver of any right in such Content. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from this Site in any form or by any means is strictly prohibited.

All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of KLIK™ FITNESS, its licensors and content providers.

The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are prohibited: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part – including without limitation, the display and distribution of the Content via a third party application or Web site – and/or disassembling, decompiling, reverse engineering or otherwise modifying the Content.

Additional User Conduct Guidelines

In using the Services offered by KLIK™ FITNESS, you agree not to disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization from KLIK™, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.

KLIK™ FITNESS reserves the right to remove any content that it in its sole discretion believes constitutes infringement of a third party’s intellectual property, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Disclaimer

YOU THE USER EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. KLIK FITNESS, ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, AND LICENSORS, DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AT THE FACILITY, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICES.

THE SERVICES, ALL CONTENT, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY KLIK, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT KLIK FITNESS IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES KLIK FITNESS FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KLIK FITNES, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.

KLIK™ Fitness Apps

All of these Terms and Conditions apply to KLIK™ Fitness app. Use of our apps is also at your own risk. The app is provided as a service to our members and guests without charge. KLIK™ does not screen web site users, so please use good judgment and common sense in deciding whom to meet or trust with your personal information. KLIK™ does not provide contact details to other members through its app. If at any time you wish to stop receiving messages from KLIK™ or another member through the app, “block” them.

Third Party Links and Sites

The Services may contain links to other Internet sites, resources and/or sponsors of the Services. KLIK™ FITNESS does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites or resources. Providing links to outside sites does not constitute KLIK’s™ approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites or resources after utilizing them.

In order to identify third party sites or resources, the Services may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between KLIK and the third party or by usage guidelines and policies set forth by the third party.

Changes Privacy Policy

If there are updates to KLIK’S™ online Privacy Policy, KLIK™ will post those changes and update the revision date on this document, so Users will always know what information we collect online, how we use it, and what choices you have. By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy.

Contact KLIK™

Any questions, comments, or issue with this Site should be addressed to the Site Administrator at info@klik-fitness.com.