TERMS OF USE
Welcome to www.kevinneeld.com (the “Website”), this Website is owned and operated by Kevin Neeld Athletic Development, LLC. Please read these terms and conditions carefully. By your use of this Website, you agree to be bound by and comply with the terms and conditions below. These Terms and Conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these Terms and Conditions by posting them to this Website. If you do not agree with these Terms and Conditions, please do not access this Website.
DISCLAIMER
Any and all information contained on this Website is not intended to take the place of medical advice from a health care professional. Exercise, diet and health related matters vary from person to person. Nothing on this Website shall be considered, or used as a substitute for, medical advice, diagnosis or treatment. Any action whatsoever which is taken based on the contents of this Website or any of its related sites, materials, products or information is to be used solely at your own discretion, risk and liability. You should always consult the appropriate health professionals on any matter that is related to your health and well being before proceeding with any action pertaining to health related issues. While the information provided on this Website is believed to be accurate, Kevin Neeld Athletic Development, LLC assumes no liability for the use or misuse of information and products on this Website.
Neither this Kevin Neeld Athletic Development, LLC nor its affiliates, directors, officers, owners, employees, agents, contractors, representatives, successors or assigns, shall be responsible if you fail to consult the appropriate health authorities with respect to your health care before acting on or using any information or products found on this website, nor will they be responsible for any errors or omissions, or the use or misuse of, the information on this Website
LIMITATIONS OF WARRANTIES DISCLAIMER
All information is provided “as is”, without any representations or warranties of any kind, and Kevin Neeld Athletic Development, LLC expressly disclaims all express and implied warranties including those with respect to accuracy, merchantability, completeness, timeliness or fitness for a particular purpose of the information on this Website or of any product or service referenced on this Website, unless otherwise expressly indicated. Kevin Neeld Athletic Development, LLC makes no representation that the information or content contained on this Website, your results in using this Website, or the service itself will be accurate, valid, reliable, complete, timely or available. Kevin Neeld Athletic Development, LLC assumes no responsibility for any losses, damages, whether direct, indirect, special or consequential, which arise out of the use or misuse of this Website howsoever caused, whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. Kevin Neeld Athletic Development, LLC makes no representation and specifically disclaims any warranty regarding any site linked to this Website.
By your use of this website you acknowledge that you do hereby waive, release and forever discharge Kevin Neeld Athletic Development, LLC and it’s respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from or connected with your participation in any of it’s exercise programs (including any newsletters) whether arising from the negligence of the Website, Kevin Neeld Athletic Development, LLC or its employees, heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and other parties involved in the creation, production or delivery of the Website, or otherwise.
THIRD PARTY WEBSITES
Independent parties develop websites that may be accessed from this Website. Kevin Neeld Athletic Development, LLC is not responsible for the privacy policies or the accuracy of the information in such websites nor do we endorse products offered in those websites. Any such website is independent from Kevin Neeld Athletic Development, LLC, and Kevin Neeld Athletic Development, LLC has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between this Website and another does not mean that Kevin Neeld Athletic Development, LLC endorses, recommends, sponsors or approves that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website. Kevin Neeld Athletic Development, LLC expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the Kevin Neeld Athletic Development, LLC domain.
COPYRIGHTS/TRADEMARKS
All content and materials available on this Website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Kevin Neeld Athletic Development, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Kevin Neeld Athletic Development, LLC.
ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CONSENT
By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and you agree to comply with all applicable laws and regulations. If you do not agree to these terms then please do not use this Website.
LIMITED AVAILABILITY AND PRICE
In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, Kevin Neeld Athletic Development, LLC shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Kevin Neeld Athletic Development, LLC shall have the right to limit the number of items purchased through this Website. Kevin Neeld Athletic Development, LLC shall have the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kevin Neeld Athletic Development, LLC shall immediately issue a credit to your credit card account in the amount of the charge.
REVISIONS
Kevin Neeld Athletic Development, LLC may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. Kevin Neeld Athletic Development, LLC shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. Kevin Neeld Athletic Development, LLC also reserves the right to revise the Terms and Conditions of this Website at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. We encourage users to review these Terms and Conditions each time you visit this Website to remain informed of any changes to them.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kevin Neeld Athletic Development, LLC, its affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, representatives, successors or assigns, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Website
GOVERNING LAW
In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of this Website, and these Terms and Conditions, are governed and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflicts of law provisions. Any action against Kevin Neeld Athletic Development, LLC arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions must be brought by you exclusively in the state and federal courts located in West Chester, Pennsylvania. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in West Chester, Pennsylvania, for the adjudication of all claims by Kevin Neeld Athletic Development, LLC against you arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions. You agree to waive any and all objections that you may have to Pennsylvania law as the governing law and to the sole and exclusive venue being West Chester, Pennsylvania. If you do not agree to these terms then you must immediately cease using this Website and its services. Your continuing to use this Website and its services will constitute your consent to these terms. Kevin Neeld Athletic Development, LLC failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kevin Neeld Athletic Development, LLC in writing. You acknowledge and agree that you will not seek to litigate any claims against Kevin Neeld Athletic Development, LLC or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
GUARANTEE
UNLESS OTHERWISE EXPRESSED, Kevin Neeld Athletic Development, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CONTACT INFORMATION
If you have any questions or comments about these our Terms and Conditions as outlined above, you can contact us at:
Kevin Neeld Athletic Development, LLC
7040 Via Blanca
San Jose, CA 95139