Terms and Conditions

Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  These Terms and Conditions of Use (“Terms of Use”) apply to the website located at www.kichgo.com, and all associated sites linked to www.kichgo.com by KICHGO PRODUCTIONS a California company and its affiliates (collectively, the “Site”).  The Site is the property of KICHGO PRODUCTIONS. All users of the Site agree that access to and use of the Site are subject to the following Terms of Use and other applicable law. If you do not agree to these Terms of Use, please do not use this Site.  

KICHGO PRODUCTIONS reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes; your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, KICHGO PRODUCTIONS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content and Copyright

The entire content included in the Site, including but not limited to text, graphics photographs, trademarks, logos, sounds, music, video, artwork and code (collectively “Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to KICHGO PRODUCTIONS, and is protected by trade dress, copyright, patent, trademark, and other state and federal laws.  Copyright 2018 KICHGO PRODUCTIONS ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with KICHGO or purchasing or using KICHGO products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with KICHGO PRODUCTIONS or to purchase KICHGO products. Any other use, including but not limited to the copying, reproduction, republication, uploading, posting, translating, displaying, transmission, distribution in any way (including “mirroring”) of the Content to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise is strictly prohibited, unless authorized by KICHGO PRODUCTIONS. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.  This Site and the Content are subject to change without notice.

Trademarks

All trademarks, service marks and trade names of KICHGO PRODUCTIONS used in the Site, including the trademark KICHGO, are trademarks or registered trademarks of KICHGO PRODUCTIONS.

Purpose of the Site

The Site has been created and is maintained for personal exercise, information, entertainment, and education. KICHGO PRODUCTIONS is not responsible for injuries incurred in the course of using the Site or products or services offered herein; you alone are responsible for determining your physical limits and your ability to engage in any course of action recommended or taught on the Site or in products or services offered herein. KICHGO PRODUCTIONS offers no warranties or guarantees regarding improvement of physical conditioning or health as a result of using the Site or products or services offered herein. Always consult a physician before using this or any other wellness or exercise program.

Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. KICHGO PRODUCTIONS reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any KICHGO PRODUCTIONS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of KICHGO PRODUCTIONS, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or KICHGO PRODUCTIONS’systems or networks, or any systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to KICHGO PRODUCTIONS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of KICHGO PRODUCTIONS or others.

The manner and quality of viewing, listening to, downloading, or otherwise using the Content on the Site is affected by your particular system.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site such as video downloads, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Unless otherwise agreed in writing, you agree to immediately pay for any and all products or services you purchase on the Site. Payment may be required before said products or services are delivered or made available for delivery to you.

KICHGO PRODUCTIONS’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

KICHGO PRODUCTIONS may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The Content or other materials on the Site with respect to products and services may be out of date, and KICHGO PRODUCTIONS makes no commitment to update materials on the Site with respect to such products and services.

Accounts, Passwords, and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a Site ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify KICHGO PRODUCTIONS immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by KICHGO PRODUCTIONS or any other user of or visitor to the Site due to someone else using your ID, password or account.

You may not use anyone else’s Site ID, password or account at any time without the express permission and consent of the holder of that Site ID, password or account. KICHGO PRODUCTIONS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

You acknowledge and agree that KICHGO PRODUCTIONS may preserve any transmittal or communication by you through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or KICHGO PRODUCTIONS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of KICHGO PRODUCTIONS, its employees, users of or visitors to the Site, and the public.

You are advised to take precautions to protect your personal data when you are on the Internet: Change your passwords often using a combination of letters and numbers, and use a secure web browser.

The Site may use “cookies” and other technologies to study traffic patterns on the Site, to customize your experience, and provide greater convenience each time you interact with us. The Site may also gather certain information automatically and store it in log files; such information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

Links to Other Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under KICHGO PRODUCTIONS’ control, and KICHGO PRODUCTIONS is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites and the handling of information or materials you or others might provide to the Linked Sites and the Linked Sites have separate privacy and data collection practices.  You will need to make your own independent judgment regarding your interaction with these Linked Sites and use them at your own risk.

Warranty and Disclaimers

This Site and all Content are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, KICHGO PRODUCTIONS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. KICHGO PRODUCTIONS does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components or that your use of the Site will provide specific results. KICHGO does not make any warrantees or representations regarding the use of the Content in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

KICHGO PRODUCTIONS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KICHGO PRODUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KICHGO PRODUCTIONS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RELATED CONTENT OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, ITS CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KICHGO PRODUCTIONS FOR DISSATISFACTION WITH THE SITE OR ANY AFFILIATED CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

KICHGO PRODUCTIONS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, KICHGO PRODUCTIONS shall not be liable for any indirect, special, incidental, punitive or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if KICHGO PRODUCTIONS as been advised of the possibility of such damages. Where allowed by law, if, notwithstanding the other provisions of these Terms of Use, KICHGO PRODUCTIONS is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, KICHGO PRODUCTIONS’ liability shall in no event exceed the greater of (1) the total of any fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against KICHGO PRODUCTIONS, or (2) US$500.00.

Indemnity

You agree to indemnify, defend and hold KICHGO PRODUCTIONS, its officers, directors, employees, agents, subsidiaries, suppliers, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against KICHGO PRODUCTIONS by any third party due to or arising out of or in connection with your use of the Site or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Violation of These Terms of Use

You agree that KICHGO PRODUCTIONS may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to KICHGO PRODUCTIONS, for which monetary damages would be inadequate, and you consent to KICHGO PRODUCTIONS obtaining any injunctive or equitable relief that KICHGO PRODUCTIONS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies KICHGO PRODUCTIONS may have at law or in equity.

You agree that KICHGO PRODUCTIONS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If KICHGO PRODUCTIONS does take any legal action against you as a result of your violation of these Terms of Use, KICHGO PRODUCTIONS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to KICHGO PRODUCTIONS. You agree that KICHGO PRODUCTIONS will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Term; Termination

These Terms of Use are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These Terms of Use, or any part of them, may be terminated by KICHGO PRODUCTIONS without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

KICHGO PRODUCTIONS may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to KICHGO PRODUCTIONS.

Void Where Prohibited

KICHGO PRODUCTIONS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

All matters related to your use of this Site shall be governed by the laws of the State of California, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of KICHGO products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of KICHGO products) must be commenced within one (1) year after the claim or cause of action arises. KICHGO PRODUCTIONS’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. KICHGO PRODUCTIONS may assign its rights and duties under this Terms of Use agreement to any party at any time without notice to you.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.