1. Description of Service
Kineteks is providing you with on-line information and services. You must provide (1) all equipment necessary for your own Internet connection, including computer and networking equipment; (2) provide for your own access to the Internet; and (3) pay any fees related with such Internet connection.
The tools and information on the Tractivity web site, including, without limitation, all text, graphics, images, and other material, (collectively, the “Site Content”), and the use of Tractivity Sensors, are intended only to provide users with information about their fitness and activity levels, and not to provide medical information or fitness advice. The Site Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding an actually or suspected medical condition. Kineteks does not recommend or endorse any specific tests, medical professionals, products, procedures, opinions, or other information that may be mentioned on or accessed through its website. Reliance on any information provided on or accessed through the Tractivity website, or otherwise provided by Kineteks, Kineteks employees, others appearing on the Tractivity website at the invitation of Kineteks, or other visitors to the website is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something you have read on our website.
You should consult your doctor before starting an exercise regime, especially if you suffer from, or think you may suffer from, any physical limitation or medical condition. If you decide to start exercising after a period of relative inactivity you should start very slowly. If you feel any discomfort or pain when you exercise, do not continue. If you think you may have a medical emergency, call your doctor or 911 immediately. Without limiting the foregoing, the use of the Products and Services is not intended for women who are pregnant or breast-feeding, or for any person under the age of 19.
The content used in Bounce Back is reproduced with permission from the American Academy of Orthopaedic Surgeons. Products or companies associated with this content are not necessarily recognized, known, approved, used or otherwise endorsed by the American Academy of Orthopaedic Surgeons (AAOS). Neither Kineteks nor AAOS will be responsible to you for any adverse events or actions arising from products or services advertised in or associated with this reprinted content.
3. Disclaimer of Warranties
The Products and Services are provided by Kineteks for your use at your sole risk, and on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Kineteks makes no representations or warranties of any kind, express or implied, regarding the use or the results of using the Products and Services in terms of correctness, accuracy, completeness, reliability, suitability for any physical activity or otherwise. Kineteks will have no liability for any interruptions in the use or accessibility of this website. Kineteks disclaims any and all warranties with regard to the safety or reliability of the Products and Services, including without limitation the information provided via this website, and any implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Only to the extent that the laws of any particular jurisdiction applicable to your dealings with Kineteks limit or do not permit the foregoing exclusions of implied warranties, are such exclusions inapplicable.
4. Limitation of Liability
Kineteks WILL NOT be liable for any damages whatsoever, and in particular Kineteks will not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the use of the Products and Services, including without limitation this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Kineteks has been advised of the possibility of such damages. Only to the extent that the laws of any particular jurisdiction applicable to your dealings with Kineteks limit or do not permit the foregoing limitations and exclusions of liability for incidental or consequential damages are such limitations and exclusions inapplicable.
6. Registered Member Account
All users of Tractivity Sensors who establish an account on the Tractivity website (each such person being a “Member”) will receive a unique password and account ID. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You are solely responsible for maintaining the confidentiality and integrity of your account, including your user ID and password. Each Member must notify Kineteks of any unauthorized use of the Member’s account or any other breach of security known or that should be known to the Member. A Member’s right to use the Tractivity website is personal to the Member. Each Member agrees not to resell or make any commercial use of the Tractivity website without the express written consent of Kineteks.
7. Modifications and Interruption to Service
Kineteks reserves the right to modify or discontinue the Tractivity website with or without notice to you. Kineteks will not be liable to you or any third party should it exercise its right to modify or discontinue the Tractivity website or the services offered on the website. You acknowledge and accept that Kineteks does not guarantee continuous, uninterrupted or secure access to the Tractivity website, and that the operation the Tractivity website may be suspended, interfered with or otherwise adversely affected by numerous factors or circumstances outside of our control.
8. Third-Party Sites
9. Disclaimer Regarding Accuracy of Vendor Information
The specifications of the Product and Services and other information reported by us has either been provided to us by third-party vendors or collected from publicly available sources. While Kineteks makes reasonable efforts to ensure that the information reported by us in connection with the Products and Services on our web site and otherwise is accurate, we make no representations or warranties as to the accuracy or reliability of any such information. Kineteks makes no warranties or representations whatsoever with regard to any products or services provided or offered by any third-party vendor, and you acknowledge that any reliance on representations and warranties provided by any such vendor will be entirely at your own risk.
10. Governing Jurisdiction
11. Compliance with Laws
12. Copyright and Trademark Information
All content included with the Products and Services, available on this site or otherwise, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2011 Kineteks with all rights reserved, or is the property of Kineteks and/or third parties protected by intellectual property rights. Any use of such content, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Kineteks is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Kineteks. “Kineteks”, www.kinetekscorp.com, and TractivityOnline.com are proprietary marks of Kineteks. Our trademarks may not be used in connection with any product or service that is not provided by Kineteks, in any manner that is likely to cause confusion among customers, or in any manner that disparages, discredits, or is likely to be confused with the Products and Services or any other product or service of Kineteks or its Tractivity Online service. All other trademarks displayed on Kineteks website's are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third-party vendors and service providers. In addition, such use of trademarks or links to the web sites of third-party vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Kineteks.
13. User Conduct
14. Age and Eligibility
In order to use the Products and Services you must be at least 19 years of age (or the legal age to form a binding contract in your jurisdiction if that age is other than 19 years of age). Individuals who are under the age of 19 (or the legal age to form a binding contract in their jurisdiction) ("Minors") are prohibited from using this website. Accordingly, if you are a Minor, please do not attempt to register as a Member on this website or send any personal information about yourself to us, including without limitation your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at email@example.com. By using this website, you are deemed to have represented that the information that you provide about yourself (including your age) as requested in any account registration form is accurate and complete.
15. User-Generated Content
All notices required or permitted to be given to Kineteks hereunder must be in writing and must be given by email to the following address: firstname.lastname@example.org. All such notices will only be deemed given on the date that such email is successfully transmitted to and received by Kineteks.
17. No Waiver
18. Injunctive Relief
20. Other Terms