Effective Date: 5/16/2024
Welcome to Kettlebell Sanctuary! By using our website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms carefully. If you do not agree with these terms, you should not use this site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement.
2. Privacy Policy
Your use of the Site is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
3. Copyright and Trademarks
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
4. Limited Right to Use
The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting, and Modification
We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site.
6. Indemnification
You agree to indemnify, defend, and hold us and our partners, attorneys, staff, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
7. Disclaimer and Limits
The information from or through the Site is provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems, or other limitations. We and our Affiliated Parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our Affiliated Parties are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. This site and the information would not be provided without such limitations.
8. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
9. Third-Party Services
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that the use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied, or otherwise, including warranties of title, fitness for purpose, merchantability, or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and Merchants or for any information appearing on Merchant sites or any other site linked to our site.
10. Third-Party Merchant Policies
All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for the information provided by you to Merchants. We and the Merchants are independent contractors, and neither party has authority to make any representations or commitments on behalf of the other.
11. Miscellaneous
This Agreement shall be treated as though it were executed and performed in Henderson, Nevada, and shall be governed by and construed in accordance with the laws of the State of Nevada (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 7 and 8. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Henderson, Nevada. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
12. Contact Information
If you have any questions regarding this Agreement or the practices of this Site, please contact us at:
- Email: contact@kettlebellsanctuary.com
- Phone: 702-758-4984
- Address: 3055 St Rose Pkwy, Henderson, NV 89052