Koko Fitness, Inc.’s Website & Smartrainer Exercise Program

Terms and Conditions

Your use of KokoFitness.com and MyKokoFitness.com (the “Sites”) and the Koko Fitness, Inc. (“Koko”) Smartrainer Exercise Program (the “Program”) are subject to the following terms and conditions. If you do not agree to these terms and conditions, you may not use the Sites or participate in the Program. Koko reserves the right to amend these terms and conditions from time to time without notice. We encourage you to review this page periodically because any changes will be binding on you.

The Sites and the Program are intended for persons 16 years old or older. If you are not at least 16 years old, you may not use the Sites or the Program. If you are under the age of 18, you may only use the Site and the Program with the consent of a parent or guardian.

IMPORTANT NOTICE

Koko makes information available to you through many means, including but not limited to: content on the Sites; through email correspondence and other communications; in videos, books, pamphlets, diagrams and other materials; and through contact with Koko trainers (collectively, the “Fitness Information”). In addition, Koko may provide you with recommendations and advice as part of your participation in the Program (the “Recommendations”). The Fitness Information and Recommendations DO NOT REPRESENT MEDICAL ADVICE AND ARE NOT INTENDED TO SUBSTITUTE FOR OR SUPERSEDE MEDICAL COUNSELING, DIAGNOSIS, OR TREATMENT FROM A LICENSED MEDICAL PRACTITIONER. While Koko offers Recommendations based upon our experience and the information you provide to us, Koko is not a health care provider, and we cannot guarantee that any Recommendations we give you are appropriate for your particular situation or are safe for you to follow. Before implementing any of the Recommendations or beginning this or any other fitness program, you should consult with your physician or health care practitioner (“Provider”), and you should advise your Provider of any prescription medications you take or any physical condition or ailment you have. Some diagnoses, treatments and prescriptions given by your Provider may not be compatible with the Fitness Information or Recommendations. Please discuss the Program and Koko’s Recommendations with your Provider regularly to ensure that they are appropriate for you.

Privacy and Data Policy

Koko is committed to maintaining the confidentiality of your personal information. Please review our Privacy and Data Policy for more information. As explained in more detail in this policy, Koko retains ownership of all information we collect as part of the Program. We reserve the right to use the collected information in any manner, subject to the terms of the Privacy and Data Policy.

Disclaimer

Koko does not guarantee the accuracy, completeness, currentness or noninfringement of any of the Fitness Information or Recommendations. The Fitness Information or Recommendations may contain inaccuracies, typographical errors, or information that may become outdated over time. Koko assumes no obligation to keep current or update the Fitness Information or Recommendations.

THE SITES, THE FITNESS INFORMATION AND RECOMMENDATIONS, AND THE PROGRAM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES AND THE FITNESS INFORMATION AND RECOMMENDATIONS AND BY YOUR PARTICIPATION IN THE PROGRAM, THAT YOUR USE AND PARTICIPATION ARE AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY INJURIES OR OTHER HEALTH PROBLEMS YOU EXPERIENCE DURING OR AS A RESULT OF YOUR USE OR PARTICIPATION, AND THAT, TO THE EXTENT ALLOWED BY LAW, KOKO FITNESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OR PARTICIPATION. KOKO CANNOT AND DOES NOT GUARANTEE THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR PARTICIPATION IN THE PROGRAM, OR THAT FOLLOWING ANY OF KOKO’S RECOMMENDATIONS WILL BE BENEFICIAL OR SAFE FOR YOU. BY USING THE SITES AND THE FITNESS INFORMATION AND RECOMMENDATIONS, AND BY PARTICIPATING IN THE PROGRAM, YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH USE AND PARTICIPATION, INCLUDING WITHOUT LIMITATION, RISK OF INJURY, ILLNESS OR DEATH, AND YOU AGREE TO AND DO RELEASE KOKO, ON BEHALF OF YOURSELF AND YOUR HEIRS AND ASSIGNS, FROM ALL CLAIMS, REGARDLESS OF THEIR FORM OR BASIS, ARISING FROM OR RELATED IN WHOLE OR IN PART TO YOUR USE OF THE SITES, THE FITNESS INFORMATION OR RECOMMENDATIONS, OR YOUR PARTICIPATION IN THE PROGRAM.

IN NO EVENT SHALL KOKO BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITES OR YOUR PARTICIPATION IN THE PROGRAM, OR FOR ANY ACTION TAKEN BY YOU IN RELIANCE ON ANY FITNESS INFORMATION OR RECOMMENDATIONS PROVIDED TO YOU BY KOKO. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD KOKO HARMLESS FROM ANY ACTIONS, CLAIMS, PROCEEDINGS, OR LIABILITIES RELATED TO YOUR USE OF THE SITES OR THE FITNESS INFORMATION OR RECOMMENDATIONS OR YOUR PARTICIPATION IN THE PROGRAM, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES.

Links to Other Sites

The Sites may contain links to other sites which are provided solely as a convenience to you. Koko is not responsible for the availability of external sites or resources linked to the Sites, and does not endorse and is not responsible or liable for any policies of such sites, nor any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Koko.

Intellectual Property and Limitations on Its Use

The Koko mark and logo are trademarks of Koko; other trademarks are owned by Koko or its affiliated entities or are used with the permission of their respective owners (collectively “Trademarks”). You agree not to use or display Trademarks without the prior written consent of Koko or the owner of such mark. The Sites and their contents are the property of Koko or third parties and are protected by copyright and other intellectual property laws. All rights are exclusively reserved to Koko or third parties. By using the Sites, you agree and acknowledge that all content and its use are protected by copyright, trademark and other intellectual property laws. Except for your own personal noncommercial use, you agree not to reproduce, redistribute, exhibit, or publish the information on the Sites without the express prior written consent of Koko. You are prohibited from using any type of automated method of retrieving data from the Sites to access, acquire, copy or monitor any portion of the Sites, any content, any email address or telephone number, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites, without the prior written consent of Koko.