Terms & Conditions
This website is operated by Kinetic. Throughout the site, the terms “we”, “us”, “our”, and “Company” refer to Kinetic. This website, including all information, tools and products available from this site to you, the user, is conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Kinetic may, in its sole discretion, modify or update these Terms of Service from time to time, and so you should review this page periodically.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Certain content, products and services available via our Service may include materials from third-parties. The third-party links on this site may direct you to third-party websites that are not affiliated with us and not under our control. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kinetic of the site or any association with its operators.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER GENERATED CONTENT
User generated content may include creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’). By posting, uploading, inputting, providing, or otherwise submitting your comments, you are granting Kinetic, its affiliated companies and necessary sub-licensees permission to without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us, and to publish your name in connection with your comment. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You are prohibited from posting or transmitting any, at Kinetic’s sole determination, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You warrant and represent that you own or otherwise control all of the rights to your comments as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the comments. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ELIGIBILITY AND REGISTRATION
DISCLAIMER AND LIMITATION OF LIABILITY
USE OF THIS SERVICE IS AT YOUR OWN RISK. Kinetic AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.
Kinetic AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. ADVICE RECEIVED VIA THE SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Kinetic AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDIDITON OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kinetic AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVED SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Kinetic OR ANY OF ITS SUPPLIERS
SERVICE CONTACT: firstname.lastname@example.org
BINDING ARBITRATION / CLASS WAIVER
For any dispute with Kinetic you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the event that we have not been able to resolve a dispute with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Kinetic claims for injective or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by bringing arbitration by the American Arbitration Association (“AAA”) in the city of Grand Rapids, Michigan under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitration shall include cost of arbitration, reasonable attorney’s fees and reasonable cost for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Kinetic from seeking injunctive or other equitable relief from the courts as necessary to protect any of its proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Kinetic ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Unless otherwise specified, this Service is for your personal and noncommercial use only. As a condition of your use of the Service, you warrant to Kinetic that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
Creating or maintaining any link from another website to any page on this Service without our prior written permission is prohibited. Running or displaying this Service or any information or material displayed on this Service in frames or through similar means on another Service without our prior written permission is prohibited. Any permitted links to this Service must comply with all applicable laws, rules and regulations.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights (patent, copyright, trademark, right of publicity, trade dress, service marks, trade secrets, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof). You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the content on this Service. You may not modify the information or materials displayed on or that can be downloaded from this Service in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
The design of this Service and all test, graphics, information, content, and other material displayed on or that can be downloaded from this Service are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Service or with prior written permission of the owner of such material. The contents of this Service are © 2022, Kinetic or their respective affiliates and suppliers. All rights reserved.
Certain trademarks, trade names, service marks and logos used or displayed on this Service are registered and unregistered trademarks, trade names and service marks of Kinetic and its affiliates. Other trademarks, trade names and service marks used or displayed on this Service are the registered and unregistered
trademarks, trade names and service marks of their respective owners and its affiliates. Nothing contained on this Service grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Service without the written permission of Kinetic.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Kinetic Designated Agent.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Michigan.
ENTIRE AGREEMENT / SEVERABILITY
This Agreement, together with any amendments and any additional agreement you may inter into with Kinetic in connection with the Service, shall constitute the entire agreement between you and Kinetic concerning the Service.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kinetic without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Kinetic failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Some parts of the Service may be billed on a subscription basis. You will be billed in advance on a recurring, monthly basis. You may cancel your subscription at any time, receiving fulfillment of your most recent order.
Subscription Program Terms and Conditions
Kinetic is pleased to offer a subscription program for its products. When you choose to enroll in the Preferred Customer Program, the following Terms and Conditions apply:
- Subscription Program Eligibility
You must have a valid email address and a credit card and/or debit card to participate in the Subscription Program.
- Subscription Program Order Placement, Frequency, and Minimum Amount
Currently the Subscription Program offers renewal periods of 30 and 90 days.
When you place a Subscription Program order, Kinetic will automatically place and ship that same order every 30 or 90 days, depending on the option chosen during the initial purchase.
The Subscription Program requires enrollment for at least one auto-shipment cycle (i.e., having an order sent 30 days following the initial order.
- Subscription Program Order Amount
Products sold under the Subscription Program are sold at a discounted price. The Subscription Program price is determined on the date of the initial order. This price will appear on the product page and be reflected in the confirmation email received after order placement. You will be “locked in” to that price for future shipments. Your total may also include:
- Sales tax, if applicable
- Customs fees, if applicable, will be applied to each order shipped to Canada
- Shipping and handling costs
Subscription Program Order Payment
The credit card you used to place your initial Subscription Program order will be charged until you cancel your Subscription Program order or modify your credit card information. Subsequent orders will be charged the day the order is placed and forwarded to the warehouse for processing.
If your credit card is declined at the time of a Subscription Program order placement, your order will not be placed; you will be notified that your Subscription Program payment has failed and you will need to update your credit card information. Once your payment information is corrected, your Subscription Program order will be processed.
Credit Card and Debit Card payment will be the only valid payment types accepted for Subscription Program order payment. Store Credit, Gift Certificates, Checks, PayPal, and Bill Me Later will not be accepted.
- Subscription Program Order Notifications
A Subscription Program confirmation email will be sent after the initial Subscription Program order is processed and shipped. Once a Subscription Program order is scheduled, no emails will be sent before subsequent Subscription Program order shipments are automatically processed.
- Changing Subscription Program Order
Subscription Program orders will be of the same product and amount ordered during the initial Subscription Program shipment. You may change the product type, amount, and frequency as part of your Subscription Program at any time by calling us at [legal_business_phone] or emailing us at email@example.com with your name, order number, and desired change. Pricing may change depending on the changes to the Subscription Program order. The date of any change to the Subscription Program order will become the new date for determining the shipment cycle for your Preferred Customer Program order.
7. Pausing Subscription Program Order
If you find you have a surplus, you can postpone your Subscription Program order anywhere from 1 to 8 weeks by calling us at [legal_business_phone] or emailing us at firstname.lastname@example.org with your name, order number, and a description of which Product or Products you’d like to pause and for how long.
Once the designated time has passed, your Subscription Program order will work like before.
Postponing your next shipment will affect how you are billed. Once you reach your selected postponement end date, your Subscription Program will renew and bill on a cycle starting on that date, unless further changes are made.
- Cancellation of the Subscription Program Order
You may cancel your Subscription Program order at any time. If there is an outstanding order associated with your subscription, the cancellation will go into effect once that order is processed.
To cancel your subscription, please contact us at:
Customer Service: [legal_business_phone]
- Product Changes on Subscription Program Orders
Kinetic is committed to constantly innovating products and from time to time may update a product or subscription. In the event of such an update, your Subscription Program order will continue as before except that the product or products will be replaced with the new product or products. You will not be notified separately of this change before a subsequent Subscription Program order is processed and shipped. The new product or products will continue on subsequent Subscription Program orders unless you choose to remove this item from your Subscription Program order.
- Changes to the Preferred Customer Program
Kinetic may modify or update the Subscription Program from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will update the ‘last updated’ date below.
- Additional Assistance
Should you have any questions about a return, call [legal_business_phone] or send an email to email@example.com