KINETRO TERMS OF SERVICE Welcome! By accessing, browsing and/or using our services(the "Kinetro Services") and this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions (the "Terms of Service"). The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Kinetro Innovations from its offices within the United States. Kinetro makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Florida. YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT. Kinetro does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any diet, exercise or supplementation program. Kinetro makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose. The information contained in this online site (the "Service") is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. The information is compiled from a variety of sources ("Information Providers"). Neither Kinetro, nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of Kinetro or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Kinetro or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if Kinetro or Information Provider has been advised of the possibility of such damages. 1. Content Linked to by Kinetro The sites linked to by Kinetro Services are developed by people over whom Kinetro exercises no control. Kinetro makes every effort to screen the sites before including them in our Resources or other sections. Content on the linked sites may change any time and in such a way, which some people may find objectionable, inappropriate, or offensive. We assume no responsibility for the content of any site linked to by the Kinetro Services. 2. Intended Use
The Kinetro Services are made available for the intended purposes only, i.e to sell our products and services and allow Affiliates to develop their business in accordance with the Affiliate Agreements. Unless specifically agreed to by Kinetro, you may not use the Kinetro Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales or else. You may not take any content from Kinetro.com and reformat and display it, or mirror Kinetro pages on your Web site. If you want to make commercial use of the Kinetro Services, you must enter into an agreement with Kinetro to do so in advance. Please contact us for more information. 3. Privacy Policy Click here to review the Kinetro Privacy Policy. 4. Changes In Terms and Conditions and Kinetro Service We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. 5. Intellectual Property Policy All materials marked "Copyright" are protected by the U.S. copyright and patent laws. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office web site and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this site are the copyrighted property of Kinetro Innovations or its affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Kinetro or its affiliates and/or third party licensors. Unauthorized use of the materials will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to Kinetro or its affiliated companies and/or third part licensors, whichever is the owner of any specific material. No other rights or licenses, whether express or implied, arising from estoppel or otherwise, are conveyed or intended by these Terms and Conditions. As such, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The use of any such material on any other Web site or computer environment is prohibited. Kinetro cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this website, nor reference hypertext documents on this website from another website or document including e-mail. Kinetro reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.
Nothing contained in this site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this site without the written permission of Kinetro or the respective owner of the trade mark.
6. Disclaimer of Warranties Kinetro disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the linked Web sites. Kinetro disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Kinetro disclaims any responsibility for any harm resulting from downloading or accessing any information or material on our site or on any linked Web sites. THE KINETRO SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE KINETRO SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. KINETRO AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KINETRO AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE KINETRO SERVICES. KINETRO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED on THE KINETRO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE KINETRO SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE KINETRO SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE KINETRO SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. 7. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL KINETRO OR ITS LICENSORS BE LIABLE TO ANY USER OR AFFILIATE on ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE on THE KINETRO SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED on WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF KINETRO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE on THE KINETRO SERVICES, FROM INABILITY TO USE THE KINETRO SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE KINETRO SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED on THE KINETRO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KINETRO SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED on THE KINETRO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KINETRO SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUB STITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE KINETRO SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS on, OR IS LINKED OR RELATED IN ANY WAY TO, THE KINETRO SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall Kinetro or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. 8. Miscellaneous Provisions These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Kinetro.
FRAUD WARNING!
Kinetro.com maintains a fully-staffed and aggressive anti-fraud program with fast links to respective law enforcement agencies. We report all cases of credit card fraud to the appropriate authorities, and all such cases are vigorously prosecuted. If you reside in the United States and you are not authorized to use the credit card number provided, we will immediately refer your case to the United States Secret Service. Overseas cases are promptly referred to Interpol. Under the U.S. Law, each attempt to use a credit card fraudulently may subject you to imprisonment of 10 years and a $10,000 fine. The Secret Service is a criminal law enforcement agency which operates under the provisions of Title 18 of the United States Code, Section 3056. Under Section 3056, Subsection (b), the Secret Service is specifically authorized to detect and arrest any person who violates federal criminal laws relating to electronic fund transfers, credit or debit card fraud, false identification documents or devices, and certain laws relating to financial institutions. Additionally, pursuant to Title 18 of the United States Code, Sections 1029 and 1030, the Secret Service is specifically charged with the authority to investigate offenses concerning fraud and related activity in connection with computers and/or access devices. Read more...
KINETRO PRIVACY POLICY
At Kinetro, we strive to develop innovative services to better serve our customers and Affiliates. We recognize that privacy is an important issue, so we design and operate our services with the protection of your privacy in mind. This Privacy Policy outlines the types of personal information we gather when you use Kinetro's services, as well as some of the steps we take to safeguard it. The following principles apply to the personally identifying information we ask for and that you provide. "Personally identifying information" is information that individually identifies you, such as your name, physical address or email address. 1. Data Collection Kinetro collects limited non-personally identifying information your browser makes available whenever you visit a website. This log information includes your Internet Protocol address, browser type, browser language, the date and time of your query and one or more cookies that may uniquely identify your browser. We use this information to operate, develop and improve our services. Some of our services require you to register for an account. Kinetro asks you for some personal information in order to create an account (typically your name, email address and a password for your account) and we will use that information to provide the service. To buy products and for certain other services, such as our advertising programs, we may request credit card or other payment information which we maintain in encrypted form on secure servers. When we require personally identifying information, we will inform you about the types of information we collect and how we use it. We hope this will help you make an informed decision about sharing your personal information with us.
2. Cookies
Upon your first visit to Kinetro.com, a cookie is sent to your computer that uniquely identifies your browser. A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. We use cookies to improve the quality of our service and to better understand how people interact with us. Kinetro does this by storing user preferences in cookies and by tracking user trends and patterns of how people use our site. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Kinetro features or services may not function properly without cookies.
3. Information Sharing We do not rent or sell your personally identifying information to other companies or individuals, unless we have your consent. We may share such information in any of the following limited circumstances: We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Privacy Policy and appropriate confidentiality and security measures (e.g. credit card processing companies). We conclude that we are required by law or have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Kinetro, its users or the public. If you have an account, we may share the information submitted under your account among all of our services in order to provide you with a seamless experience and to improve the quality of our services. We will not disclose your account information to other people or non-affiliated companies, except in the limited circumstances described in this Policy or with your consent. We may store and process personal information collected on our site in the United States or any other country in which Kinetro Innovations or its agents maintain facilities. By using our services, you consent to the transfer of your information among these facilities, including those located outside your country. We have an Affiliate program that allows other websites to earn money by directing people (through links) to our website. If you sign up as an Affiliate, your contact information (website address and related information, email address, mailing and payment addresses, etc.) is recorded to activate your affiliate status and pay you based on the sales you generate for Kinetro.com.
We use third-party intermediaries. When you purchase from us, we send your credit card information, name, and billing address to credit card companies for verification and to authorize your purchase. In the event of a transfer of ownership of Kinetro Innovations, such as acquisition by or merger with another company, we will provide notice before any personally identifying information is transferred and becomes subject to a different privacy policy.
4. Information Security We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access to your personally identifying information to employees who need to know that information in order to operate, develop or improve our services.
5. Updating Your Information We provide mechanisms for updating and correcting your personally identifying information for many of our services. For more information, please see the help pages for each service.
6. Links The sites linked to Kinetro.com are developed by people over whom Kinetro exercises no control. These other sites may place their own cookies on your computer, collect data or solicit personal information. Kinetro may present links in a format that enables us to understand whether they have been followed. We use this information to understand and improve the quality of Kinetro's services and technology.
7. Changes to This Policy Please note this Privacy Policy will change from time to time. We expect most such changes to be minor, but there may be changes that are more significant. Regardless, we will post those changes on this page and, if the changes are significant, we will also provide a more prominent notice. If you have any additional questions, please feel free to contact us any time at ccc@kinetro.com.
TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the Kinetro.com entity named on the invoice ("Kinetro", "us", "our") that will be provided to you ("Customer") on orders for products. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH KINETRO, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER KINETRO STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Kinetro's sole discretion. 1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Kinetro. 2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Kinetro's sole discretion, and unless otherwise agreed to by Kinetro, payment must be received by Kinetro prior to Kinetro's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Kinetro. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Kinetro may invoice parts of an order separately. Orders are not binding upon Kinetro until accepted by Kinetro. Any quotations given by Kinetro will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. 4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Kinetro's invoice(s). When applicable, unless Customer provides Kinetro with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Kinetro's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for taxes on Kinetro's net income. If applicable, a separate charge for taxes will be shown on Kinetro's invoice. 5. Title; Risk of Loss. Title to products passes from Kinetro to Customer on shipment from our facility. Loss or damage that occurs during shipping by a carrier selected by Kinetro is our responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. 6. Warranties, Disclaimers. KINETRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site. 7. Return Policies. Kinetro products that are purchased directly from us by an end-user Customer may be returned by Customer in accordance with Kinetro's Product Guarantee in effect on the date of the invoice. 8. Products. Kinetro's policy is one of on-going product update and revision. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice. 9. Limitation of Liability. KINETRO DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. KINETRO WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. 10. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Kinetro, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Kinetro") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Kinetro's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Kinetro. The arbitration shall be held in Tampa, Hillsborough County, Florida at the office of Kinetro, by telephone, or online. Any award of the arbitrator(s) shall be final and bind ing on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405. 11. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. 12. Acceptance. By ordering any product from Kinetro, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained in the Kinetro.com site.
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