acceptance of terms
The “Website” means any websites owned by Kiio Inc. (“Kiio”), including, but not limited to, the websites operated at kiio.com, kiioinc.com, kayotechnology.com, kiiofit.com, kiioflex.com, kiioforce.com and all other websites owned by Kiio.
use of the site
Certain Services provided on or through the Website may be available only if you register for a user account (an “Account”) on the Website, or if you are the holder of a certain type of Account. Accounts are only available to individuals 18 years of age or older. Certain types of Accounts may only be available for individuals who meet certain eligibility requirements, or who further identify or provide certain information regarding their intended use of the Account or Website. Kiio may restrict access to part(s) of the site to certain types of Accounts.
member account, password and security
If you create an Account, you will receive a password and Account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur under your password or Account. You agree to: (a) provide true, current, and complete information about yourself as prompted by the registration form (your “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, current and complete; (c) immediately notify Kiio of any unauthorized use of your password or Account or any other breach of security; and (d) ensure that you exit from your Account at the end of each session. Kiio has the right to suspend or terminate your Account for any reason or no reason, without notice.
financial transactions pertaining to the account
You acknowledge and agree that financial transactions in your Account may be facilitated by a third party payment processor (the “Processor”). You authorize Kiio and its Processor to act on payment instructions received from anyone using the Account. You also agree that Kiio may share your information, including information about your financial accounts, with the Processor, for this purpose. You authorize Kiio and its Processor to: (a) initiate debits or credits against your financial account or credit card periodically for the amount then due or owed for transactions made in connection with the Services; and (b) initiate any other debits or credits authorized by you or anyone using the Account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods that may be made available by Kiio.
The content on the Website, except all User Content (as defined below), including without limitation, the trademarks, copyrights, text, software, graphics, templates, photos, music, videos, and the like (“Site Content”), is owned by or licensed to Kiio and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. You shall not conduct any systematic or automated data collection activities on this website without express written permission from Kiio. Kiio reserves the right to add to, delete from, or modify any part of the Site Content at any time without notice.
If you have signed up for an Account for which fees apply for Kiio’s Services, you agree to the fees, time periods, and payment terms posted on the Website for the Services you have selected at the time you enrolled in such Services. Such Services may include certain packages, subscriptions, and other offerings that may be added to the Website in the future. If you cancel any Services or the Account with which you use certain Services, your payments are not refundable, except as expressly specified in writing by Kiio.
third party intellectual property
Kiio respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), our designated agent to receive notices of claimed infringement is:
2920 Marketplace Drive, Suite 203
Madison, WI 53719
website provided “as is”
You understand and agree that the Website and all Services and information provided on it are provided “As Is” and that Kiio assumes no responsibility for the accuracy, timeliness, deletion or mis-delivery of any user communication, information, or configuration. You, and not Kiio, are entirely responsible for all material that you post, transmit or otherwise make available through the Website. Kiio is not obligated to review, and does not control the material that others post, transmit or otherwise make available through the Website, and Kiio does not guarantee the accuracy, integrity or quality of such material. You acknowledge that Kiio and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Website, including all User Content.
This agreement is effective until terminated. You may terminate this agreement by deactivating your Account and cancelling any Services. In the event that you terminate or breach this agreement, you will forfeit your right to use any and all Services. If you breach this agreement, or if Kiio learns that your Account is used for any unauthorized or inappropriate activity, or for any other reason within Kiio’s sole discretion, Kiio may suspend, terminate, modify, or delete your Account or this agreement with or without notice to you.
THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INFORMATION RECEIVED THROUGH IT. FURTHER, KIIO MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THIS WEBSITE. KIIO FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE MATERIALS OR THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. KIIO MAY MAKE CHANGES TO THE WEBSITE, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. WEBSITE CONTENT OR MATERIALS MAY BE OUT OF DATE, AND KIIO MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS WEBSITE OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS, OR SERVICES THAT ARE NOT AVAILABLE.
LIMITATION OF LIABILITY
KIIO AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND ITS AFFILIATES AND ITS SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, THE SERVICES OR ANY INFORMATION RECEIVED FROM THE WEBSITE, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND THE INFORMATION OBTAINED THEREIN.