HEALTH AND EXERCISE WARNING
This website, KineticSculpt.com (the “Site”) is presented for informational purposes only. Consult with your physician before engaging in any exercise program or before attempting any exercise described or presented on this Site. Your personal health history and personal health conditions should determine the nature and intensity of your workout. You agree that any and all exercise undertaken by you is so undertaken at your sole and exclusive risk and that neither Erwin R. Gonzalez nor Erwin R. Gonzalez’s Kinetic Sculpt® shall be liable for any claims, injuries, or causes of action, whatsoever, to your person or property arising out of, or in connection with, the use of this Site, Erwin R. Gonzalez’s or Erwin R. Gonzalez’ Kinetic Sculpt®’ services, facilities, or premises. You hereby expressly and forever release and discharge Erwin R. Gonzalez and/or Erwin R. Gonzalez’s Kinetic Sculpt® from any and all such claims of action against Erwin R. Gonzalez and/or Erwin R. Gonzalez Kinetic Sculpt®, its servants, agents or employees. By using this website, and engaging in the programs provided by this Site, downloading or otherwise using any of the content, materials, and instruction provided, you acknowledge that you have read, understand and agree to abide by the policies and procedures of Erwin R. Gonzalez and Erwin R. Gonzalez’ Kinetic Sculpt® and acknowledge that you have read and agree to the Waiver & Release below.
WAIVER & RELEASE
Read the following completely and carefully. In consideration of your acceptance of this Waiver & Release and your use of this Site, and engaging in the programs provided by this website, downloading or otherwise using any of the content, materials, and instruction provided Erwin R. Gonzalez and/or Erwin R. Gonzalez Kinetic Sculpt®, you hereby waive any liability Erwin R. Gonzalez and/or Erwin R. Gonzalez’ Kinetic Sculpt® may have arising out of your use of this Site, participation in any program, event sponsored or held by Erwin R. Gonzalez and/or Erwin R. Gonzalez’ Kinetic Sculpt® or use of Erwin R. Gonzalez’s and/or Erwin R. Gonzalez Kinetic Sculpt®’ facilities. I hereby agree to hold harmless Erwin R. Gonzalez and Erwin R. Gonzalez’ Kinetic Sculpt® and along with any facility owner/operator of an event or program sponsored or held by Erwin R. Gonzalez and/or Erwin R. Gonzalez’ Kinetic Sculpt® and all sponsors, individuals, third parties, teachers, trainers, instructors, and the like involved in or otherwise connected with Erwin R. Gonzalez and/or Erwin R. Gonzalez’ Kinetic Sculpt® for any damages–either physical, personal or property–which may arise. Physical exercise can be strenuous and can subject you to risk of serious injury and Erwin R. Gonzalez and Erwin R. Gonzalez Kinetic Sculpt®. You should obtain a physical examination from a physician before participating in any program or activity in connection with Erwin R. Gonzalez and/or Erwin R. Gonzalez’ Kinetic Sculpt® or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily using this Site and/or participating in a program and these activities and/or voluntarily using this Site and/or facilities and premises and you assume all risks of injury, illness, or death. Neither Erwin R. Gonzalez nor Erwin R. Gonzalez’ Kinetic Sculpt® is responsible for any loss of your personal property. Neither Erwin R. Gonzalez nor Erwin R. Gonzalez’ Kinetic Sculpt® is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Neither Erwin R. Gonzalez nor Erwin R. Gonzalez’ Kinetic Sculpt® assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a complete release of liability. You expressly agree to release and discharge all trainers, instructors, other individuals, officers, directors, employees, affiliates, contractors, sub-contractors of Erwin R. Gonzalez and/or Erwin R. Gonzalez’ Kinetic Sculpt® from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against any of the foregoing for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release also covers and includes negligence and any legal theory based upon negligence. If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid and/or unenforceable, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. By using this Site, displaying, viewing, downloading or using any material you are agreeing to this release, you acknowledge that you understand its content and that this release cannot be modified orally.
POLICY TOWARDS CHILDREN
This Site and the information contained on this Site is not intended for use by children under 18 years of age. If you are under 18 years of age, you may use this Site only with the involvement of your parent or guardian.
JURISDICTION AND VENUE
By using this Site, you agree that any legal action brought against Erwin R. Gonzalez or Erwin R. Gonzalez’ Kinetic Sculpt® shall be governed by the laws of the State of New York, for contracts that are entered into and performed wholly within the State of New York, without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of this Site shall be in an appropriate federal or state court located in New York County, New York.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically by electronic mail, facsimile transmission and similar communications. We will communicate with you by e-mail, fax or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT & TRADEMARK COMPLAINTS
If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, or if you believe that use of the trademarks on our site infringes a trademark right, please follow our Notice and Procedure for Making Claims of Copyright and Trademark Infringement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT AND TRADEMARK INFRINGEMENT
If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, or if you believe that use of the trademarks on this Site infringes a trademark right, please provide Erwin R. Gonzalez Kinetic Sculpt®’ agent the written information specified below. Please note that this procedure is exclusively for notifying Erwin R. Gonzalez’ Kinetic Sculpt® and its affiliates that your material has been infringed.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
2. A description of what you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on email@example.com;
4. Your address, telephone number and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf.
Erwin R. Gonzalez and/or Erwin R. Gonzalez’ Kinetic Sculpt® may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Terms and Conditions
At all times, we reserve the right to disclose any information, including personally identifiable information, to comply with any applicable law, regulation, legal process or governmental request; to protect Erwin R. Gonzalez’s and/or Erwin R. Gonzalez Kinetic Sculpt®’ rights or property (including without limitation in the event of a transfer of control of an Erwin R. Gonzalez and/or Erwin R. Gonzalez’ Kinetic Sculpt® company, affiliate, or brand, or substantially all of its assets), or during emergencies when safety is at risk, or for credit fraud protection and risk reduction purposes.
We may also collect, store or accumulate certain non-personally identifiable information concerning your use of this Site, such as information regarding which of our pages are most popular. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics and developing marketing plans. We may share or transfer such aggregate, non-personally identifiable information with or to our affiliates, licensees and partners.
This Site is intended for adults. We do not knowingly collect personal information from children under the age of 13. However, if the parent or guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at privacy@alanareedKinetic Sculpt®.com if they want this information deleted from our files so that it is not in retrievable form. If we otherwise obtain knowledge that we have personally identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files so that it is not retrievable.
Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. Clear gifs are not tied to users’ personally identifiable information.
5. Email Marketing. We want to communicate with you via email correspondence only if you want to hear from us. If for any reason you would no longer like to receive email messages from Erwin R. Gonzalez or Erwin R. Gonzalez Kinetic Sculpt®, you can email firstname.lastname@example.org to request that we remove you. Please allow up to 10 days for us to process your request.
Your privacy is important to us, and for this reason we will never share or sell your email address with any third parties for direct marketing purposes. If you have questions or concerns regarding this statement, please contact us at email@example.com.
6. Information Sharing Preferences. We may share information with carefully selected vendors, business partners and other organizations that are not part of Erwin R. Gonzalez or Erwin R. Gonzalez’ Kinetic Sculpt®. These companies and organizations may use the information we share to provide special opportunities and offers to you.
If you do not want us to share information you provide with vendors, business partners and other organizations that are not part of Erwin R. Gonzalez or Erwin R. Gonzalez Kinetic Sculpt®, please send such request by email to firstname.lastname@example.org. Please note that these requests may take up to six to eight weeks to become effective.