Terms & Conditions

Terms and Conditions

Highlights

  • You must be 18 years or older to use KOLIfit services without parental consent. Any use of KOLIfit services under the age of 18 years must have parental consent.
  • The Site is not intended for and is not designed to attract children under 13 years of age. If you are not at least 13 years old, please do not attempt to access or use KOLIfit services.
  • We respect your privacy and do not sell or disclose your contact information unless required by law. See our Privacy Policy.
  • Activities that are imported into your KOLIfit account can be seen by KOLIfit staff, but cannot be seen by KOLIfit members.
  • KOLIfit is not responsible for your safety and route selection during your activities.
  • KOLIfit is not liable for your activities connected with KOLIfit.com
  • KOLIfit reserves the right to discontinue KOLIfit services without cause and notification.
  • Do not use KOLIfit if you do not agree to the Terms of Use described below. Your use of KOLIfit services means you agree to these Terms of Use.

Terms of Use

This KOLIfit LLC Terms of Use Agreement (this "Agreement") is a legal agreement between you and KOLIfit LLC and its subsidiaries ("KOLIfit", "we", "us" or "our") providing, among other things, the terms and conditions for your use of KOLIfit services.

THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE KOLIfit SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE KOLIfit SERVICES.

1. We May Modify These Terms From Time To Time

KOLIfit and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in KOLIfit.com (the "Site") at any time without notice. Certain provisions of the Agreement may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Site.

KOLIfit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that KOLIfit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

2. Registration

To use the services available on the Site, you must complete the membership "Sign Up" information. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's "Sign Up" information ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. KOLIfit will use your User Data in accordance with its privacy policy. You acknowledge that your submission of any information to KOLIfit is at your own risk. KOLIfit does not assume any liability to you with regard to the misuse or loss of such information in any way.

3. Payments

To become a KOLIfit member, you must provide your credit card information (Payment Method). You may make changes to your Payment Method by visiting the "Settings" tab in your KOLIfit account. You will immediately be charged for your membership fees after you click "Save Changes" on the confirmation page and your KOLIfit membership account will be activated.

Credit card information is not stored on the Site but is stored by a third party merchant. To review the privacy policy of the third party merchant go to https://stripe.com/us/privacy.

4. Fees and Renewals

You may elect to pay membership fees on a monthly or annual basis. All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method on the same date as your account activation date on a monthly or annual period, and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize KOLIfit to charge your Payment Method for the appropriate membership charges and fees and for any other purchases you elect to make via the Site. KOLIfit reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL MEMBERSHIP PERIOD.

5. Cancellation

You may cancel your KOLIfit membership by visiting your "Settings" page and selecting "Cancel Subscription." The cancellation of a membership will go into effect at the end of your current billing cycle, and you will have the same level of access to the Site through the remainder of such billing cycle. When your KOLIfit membership ends, you will still be able to login to your account and view your current account information but you will not have access to import activities. No refunds or credits will be provided by KOLIfit upon cancellation. You can renew your subscription at anytime without opening a new account, by updating your subscription information under the "Settings" tab.

6. You Are Responsible For Maintaining Your Account

You have responsibility for maintaining the confidentiality and security of your account. You agree that you will not allow others to use or access your account. You agree to notify us immediately of any unauthorized use of your password and/or account. KOLIfit will not be responsible for any losses arising out of the unauthorized use of your User Data or account.

7. User Conduct

The Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site or access to the Site.

You understand that the use of certain features of the Site may require you to purchase or use third party equipment, mobile apps, programs, or materials ("Third Party Equipment") (e.g., Strava, GPS systems). While KOLIfit may recommend the Third Party Equipment of certain suppliers, KOLIfit shall have no responsibility for your acquisition or use of any Third Party Equipment and does not guarantee that Third Party Equipment will function with the Site or will be error-free.

You acknowledge that KOLIfit may or may not pre-screen or monitor Site content ("Content), but that KOLIfit and its designees shall have the right in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available on the Site. Without limiting the foregoing, KOLIfit and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.

You may interact with other members of KOLfit on or through the Site. You agree that any such interactions do not involve Kolifit and are solely between you and the other member(s).

8. Content Submitted to the Site

KOLIfit does not claim ownership of Content you may submit on the Site. However, with respect to Content you submit on the Site (other than User Data or Payment Method information), you grant KOLIfit to use worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Site for the purposes of providing and promoting the Site and the features and services available on the Site.

9. Dealings with Third Party Service Providers and Advertisers

Third party product and service offerings made available for purchase by you on the Site are made and offered directly by the applicable third party service provider or advertiser. When you purchase any such product or service offering through the Site, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and not with KOLIfit. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. KOLIfit is not responsible for the performance or nonperformance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the Site. YOU AGREE THAT KOLIfit SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE ON THE SITE.

10. Links to Third Party Content and Sites

The Site may provide, or third parties may provide, links to other Internet sites or resources. Because KOLIfit has no control over such sites and resources, you acknowledge and agree that KOLIfit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.

11. Allegations of Copyright Infringement

You may notify KOLIfit of copyright infringement by providing notice by email with "Copyright Notification" in the subject line to info@kolifit.com or by a document titled "Copyright Notification" mailed to KOLIfit 1358 E 6400 S SLC, UT 84121

12. Limitation of Liability

KOLIfit Site is provided on "AS IS" and "AS AVAILABLE" basis. KOLIfit does not warrant that the Site will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Site. You expressly agree and acknowledge that the use of the Site is at your sole risk and that you may be exposed to content from various sources.

Except for liability for death or personal injury caused by gross negligence or intentional misconduct, KOLIfit shall not be liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the Site.

13. Indemnity

You agree to indemnify and hold KOLIfit and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Site, your athletic activities which generate the Content you post or seek to post on the Site (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which KOLIfit sponsors, organizes, participates in, or whose Site is used in connection with), your connection to the Site, your violation of the Agreement, or your violation of any rights of another person or entity.

14. Termination

You agree that KOLIfit may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Site. Termination of your account may include (x) removal of access to all offerings within the Site, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in KOLIfits sole discretion and that KOLIfit shall not be liable to you or any third party for any termination of your account or access to the Site.

15. Support and Questions

We will provide support to you related to the Site by contacting KOLIfit at info@kolifit.com

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