Terms of Use

Acceptance of Terms

By using this website, you are becoming a party to this agreement and you are consenting to be bound by these “Terms of Use.”


Definitions

The “Website” means any websites owned by Kiio Inc. (“Kiio”), including, but not limited to, the websites operated at kiio.com, kiioinc.com, kayotechnology.com, kiiofit.com, kiioflex.com, kiioforce.com and all other websites owned by Kiio.


Use of the site

Kiio operates the Website to provide information about Kiio and its products, services, and opportunities, as well as to sell certain products and provide certain services (collectively, the “Services”) to its customers and clients. Any new features added to any Website will also be subject to these Terms of Use.


Account eligibility

Certain Services provided on or through the Website may be available only if you register for a user account (an “Account”) on the Website, or if you are the holder of a certain type of Account. Accounts are only available to individuals 18 years of age or older. Certain types of Accounts may only be available for individuals who meet certain eligibility requirements, or who further identify or provide certain information regarding their intended use of the Account or Website. Kiio may restrict access to part(s) of the site to certain types of Accounts.


Member account, password and security

If you create an Account, you will receive a password and Account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur under your password or Account. You agree to: (a) provide true, current, and complete information about yourself as prompted by the registration form (your “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, current and complete; (c) immediately notify Kiio of any unauthorized use of your password or Account or any other breach of security; and (d) ensure that you exit from your Account at the end of each session. Kiio has the right to suspend or terminate your Account for any reason or no reason, without notice.


Financial transactions pertaining to the account

You acknowledge and agree that financial transactions in your Account may be facilitated by a third party payment processor (the “Processor”). You authorize Kiio and its Processor to act on payment instructions received from anyone using the Account. You also agree that Kiio may share your information, including information about your financial accounts, with the Processor, for this purpose. You authorize Kiio and its Processor to: (a) initiate debits or credits against your financial account or credit card periodically for the amount then due or owed for transactions made in connection with the Services; and (b) initiate any other debits or credits authorized by you or anyone using the Account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods that may be made available by Kiio.


Ssite content

The content on the Website, except all User Content (as defined below), including without limitation, the trademarks, copyrights, text, software, graphics, templates, photos, music, videos, and the like (“Site Content”), is owned by or licensed to Kiio and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. You shall not conduct any systematic or automated data collection activities on this website without express written permission from Kiio. Kiio reserves the right to add to, delete from, or modify any part of the Site Content at any time without notice.


User content

You may be able to post user-generated content, such as photos, text, messages, forum postings, notes, information, user stories, testimonials, music, and videos (“User Content”) on the Website. You will remain the owner of the User Content. By posting User Content, you grant Kiio an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with Kiio, the Services, the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. By posting User Content or submitting testimonials or stories to Kiio, you also consent to the use of your name, photo (if provided), and likeness in connection with such User Content. By posting User Content, you represent and warrant that you have the right to post the User Content, that no third party rights will be violated by such posting, and that you have the right to grant Kiio the rights granted herein. In posting User Content, you further agree that you shall not post any personal information belonging to another person, nor any unlawful, threatening, libelous, defamatory, obscene, slanderous, inflammatory, pornographic or profane material, material promoting a political agenda, or any material that could constitute or encourage conduct that would be considered a criminal offense. You agree not to post User Content for any commercial purpose without the express written permission of Kiio. Posting of JavaScript or other code, files or programs that interfere with this site’s operations is strictly prohibited. The posting of certain types of User Content may link to or require the use of an third party, such as a blog facilitator or a social media account; Kiio has no responsibility for any interaction between you and a third party. Kiio retains the right to deny posting of, or to remove, any User Content, for any reason, at any time.


Service fees

If you have signed up for an Account for which fees apply for Kiio’s Services, you agree to the fees, time periods, and payment terms posted on the Website for the Services you have selected at the time you enrolled in such Services. Such Services may include certain packages, subscriptions, and other offerings that may be added to the Website in the future. If you cancel any Services or the Account with which you use certain Services, your payments are not refundable, except as expressly specified in writing by Kiio.


Privacy policy

Our Privacy Policy governs the collection, use and disclosure of all Personal Data (personally identifiable information about you, such as your full name, birth date, e-mail address or mailing address, phone number and any other information that can be used to identify or contact you). For more information, see our full Privacy Policy.


Third party intellectual property

Kiio respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), our designated agent to receive notices of claimed infringement is:

Copyright Agent
Kiio Inc.
2920 Marketplace Drive, Suite 203
Madison, WI 53719
copyright@kiio.com


Website provided “as is”

You understand and agree that the Website and all Services and information provided on it are provided “As Is” and that Kiio assumes no responsibility for the accuracy, timeliness, deletion or mis-delivery of any user communication, information, or configuration. You, and not Kiio, are entirely responsible for all material that you post, transmit or otherwise make available through the Website. Kiio is not obligated to review, and does not control the material that others post, transmit or otherwise make available through the Website, and Kiio does not guarantee the accuracy, integrity or quality of such material. You acknowledge that Kiio and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Website, including all User Content.


Termination

This agreement is effective until terminated. You may terminate this agreement by deactivating your Account and cancelling any Services. In the event that you terminate or breach this agreement, you will forfeit your right to use any and all Services. If you breach this agreement, or if Kiio learns that your Account is used for any unauthorized or inappropriate activity, or for any other reason within Kiio’s sole discretion, Kiio may suspend, terminate, modify, or delete your Account or this agreement with or without notice to you.


Indemnification

You agree to indemnify and hold harmless Kiio, and its subsidiaries, affiliates, directors, officers, agents, and employees, from any claim or demand by any third party arising out of material you post, transmit or otherwise make available through the Website, your use of the Website or the Services, your violation of these Terms of Use, or your violation of any rights of another person or entity.


DISCLAIMER

THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INFORMATION RECEIVED THROUGH IT. FURTHER, KIIO MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THIS WEBSITE. KIIO FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE MATERIALS OR THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. KIIO MAY MAKE CHANGES TO THE WEBSITE, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. WEBSITE CONTENT OR MATERIALS MAY BE OUT OF DATE, AND KIIO MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS WEBSITE OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS, OR SERVICES THAT ARE NOT AVAILABLE.


LIMITATION OF LIABILITY

KIIO AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND ITS AFFILIATES AND ITS SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, THE SERVICES OR ANY INFORMATION RECEIVED FROM THE WEBSITE, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND THE INFORMATION OBTAINED THEREIN.


Miscellaneous

These Terms of Use and the relationship between you and Kiio shall be governed by the laws of the State of Wisconsin. You hereby consent to the exclusive jurisdiction of the federal and state courts located in the State of Wisconsin in Dane County for all purposes in connection with any action or proceeding which arises out of or relates to your use of the Website, the Services, these Terms of Use, or any Site Content, Personal Data, User Content, or Registration Data. Kiio’s failure to enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. Kiio may revise these Terms of Use at any time, and any such revisions shall be effective immediately without notice. You should visit this page to review the then-current Terms of Use. Kiio may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of these Terms of Use.