Terms and Conditions
These Terms and Conditions govern your access to and use of KIPS’s website (the “Site”), any information, text, graphics, or other materials appearing on the Site (the “Content”), and any services provided through the Site (the “Services”). Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms and Conditions. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms and Conditions.
Modification of Terms and Conditions
You acknowledge and agree that the KIPS may revise these Terms and Conditions from time to time. By continuing to access or use the Site, Content, or Services after the KIPS makes any such revision, you agree to be bound by the revised Terms and Conditions.
Privacy
See KIPS’s Privacy Policy here for information and notices concerning KIPS’s collection and use of your personal information.
Your Password
You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify KIPS of any unauthorized use of your password.
Use of the Content
KIPS authorizes you to download, view, and print a single copy of any Content, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms and Conditions.
KIPS Property
All right, titles, and interests in and to the Site, Content, and Services are and will remain the exclusive property of KIPS and its licensors. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms and Conditions, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Content, or Services on or in connection with any other website for any purpose.
General Prohibitions
You agree not to do any of the following while using the Site, Content, or Services:
Post, publish, or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the Site, KIPS’s computer systems, or the technical delivery systems of KIPS’s providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device, or mechanism other than the software and/or search agents provided by KIPS or other generally available third-party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
Send unsolicited email, junk mail, “spam”, chain letters, promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, or Services to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Content, or Services;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Impersonate or misrepresent your affiliation with any person or entity.
KIPS will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. KIPS may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that KIPS has no obligation to monitor your access to or use of the Site, Content, and Services but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that KIPS is not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by KIPS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination
If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. KIPS reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. KIPS also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.
Online Formatted Programs and/or Digital Downloads Policy
Upon creating an account in our online learning portals and/or logging in to any online program(s) or accessing and downloading any digital product(s), the user has read and agreed to the policies as provided prior to placing the order. No refunds, cancellations, or exchanges will be granted, no exceptions will be made.
- Online delivery, digital and downloadable programs, and online formatted materials are all non-refundable
- Exam fees are non-refundable.
Exchanges
There are no exchanges on any programs.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, and Services is at your own risk. KIPS will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services. The Site is Available “AS-IS” THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KIPS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
KIPS MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KIPS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KIPS OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold harmless KIPS, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms of Use.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KIPS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR — USE OF, OR INABILITY TO ACCESS OR — USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KIPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT KIPS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER — USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, KIPS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF KIPS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE — USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO KIPS FOR ACCESS TO AND — USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KIPS AND YOU.
[SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.]
Severability
In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect.
Waiver
The failure of KIPS to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms and Conditions and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and Conditions will be the state and federal courts located in Miami, Florida, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms and Conditions are the entire and exclusive agreement between KIPS and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between KIPS and you regarding the Site, Content, and Services.
Questions or comments regarding the KIPS website, including any occurrences of malfunctioning of the KIPS website, should be submitted to Kinesiology Institute for Performance Specialists at info@kipsonline.org.