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    TERMS OF SERVICE
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    OVERVIEW
    This website is operated by Killer Fit Athletics Throughout the site, the terms “we”, “us” and “our” refer to Killer Fit Athletics. Killer Fit Athletics offers this website, including all information, tools and services available from this site to you, the user, conditioned 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.
    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.
    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. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
    Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
    Through this Website and related Social Media accounts, including without limitation Facebook™, Snapchat™, and Instagram™, Killer Fit Athletics, Inc. (“Killer Fit Athletics,” “We,” “Us,” “Our”) makes available a variety of fitness clothing and accessories on retail basis (the “Service(s)”) in exchange for payment by You.
    This Service is offered subject to your acceptance of these Terms of Service (“Terms”) as well as any relevant sections of the Killer Fit Athletics Privacy Policy.
    These Terms constitute the entire Agreement between You and Killer Fit Athletics and govern Your use of the Website, and they supersede any prior agreements between You and Killer Fit Athletics.
    Please read these Terms carefully before using our Service.
    By DISCLOSING Your PERSONAL INFORMATION, including PAYMENT INFORMATION, SHIPPING AND BILLING ADDRESS, creating an Account, and/or clicking “Purchase” or other similar button, You acknowledge that You:
        • have read these Terms,
        • understand these Terms, and
        • accept and agree to be bound by them.
    If You disagree with these Terms, please do not use the Services or Our Website. If at any time You are not willing to be bound by these terms, you should, where applicable:
        • click the “I do not accept” or similar button, and
        • immediately cease and refrain from accessing or using the Services.
        • RETURNS
    Killer Fit Athletics wants You to be satisfied with your purchases from this Website. Eligible items may be returned to Killer Fit Athletics in accordance with
    any Return Policy posted on this Website.
        • PROMOTIONS AND CONTESTS
    Any contests or promotions described or posted on this Website shall be governed by the rules regulating such event.
        • INTELLECTUAL PROPERTY
        1. Property of Killer Fit Athletics
    The contents of the Services, including the Website and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Killer Fit Athletics, or the party credited as the provider of the materials. You agree to abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Services.
    By accepting these Terms, You further acknowledge and agree that We and any of Our third party licensors own and shall continue to own all right, title, and interest in and to the materials and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
    Except for any limited, revocable license expressly granted to You herein, these Terms do not grant You any ownership or other right or interest in or to the materials and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do not grant You any right, license, or interest in such marks, and You shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
    You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the content on this Website, or the Services (including software), in whole or in part.
        1. User-generated Content
    We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you
    (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or
    (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #KILLERFITATHLETICS or any other Killer Fit Athletics promoted hashtag (collectively “User Content”) shall be deemed nonconfidential and nonproprietary.
    By submitting or posting any User Content, you grant to Killer Fit Athletics and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.
    Neither you, nor any other person or entity, will have the right to
    (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms, or
    (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content.
    Killer Fit Athletics will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Killer Fit Athletics shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Killer Fit Athletics retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
    By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that
    (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;
    (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;
    (iii) you are 18 years of age or older; and
    (iv) the User Content does not
    (a) contain false or misleading information,
    (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party,
    (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content,
    (d) contain any addresses, email addresses, phone numbers or any contact information or
    (e) contain computer viruses, worms or other harmful files.
    Upon request by Killer Fit Athletics, you will furnish Killer Fit Athletics any documentation, substantiation or releases necessary to verify your compliance with these Terms.
    Killer Fit Athletics does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else.
    By submitting or posting the User Content you fully and unconditionally release and forever discharge Killer Fit Athletics and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:
    (i) disputes between you and one or more users or any other person or entity, or
    (ii) the use by Killer Fit Athletics or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
    You acknowledge and agree that Killer Fit Athletics has no control over, and shall have no liability for any damages resulting from the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Killer Fit Athletics acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Killer Fit Athletics becomes aware of any User Content that allegedly may not conform to these Terms, Killer Fit Athletics may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Killer Fit Athletics has no liability or responsibility to Users for performance or nonperformance of such activities.
    KILLER FIT ATHLETICS HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST KILLER FIT ATHLETICS FOR SUCH REMOVAL AND/OR DELETION. KILLER FIT ATHLETICS IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
    SECTION 1 - ONLINE STORE TERMS
    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
    You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    You must not transmit any worms or viruses or any code of a destructive nature.
    A breach or violation of any of the Terms will result in an immediate termination of your Services.
    SECTION 2 - GENERAL CONDITIONS
    We reserve the right to refuse service to anyone for any reason at any time.
    You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
    The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
    SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
    We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
    This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
    SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
    Prices for our products are subject to change without notice.
    We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
    We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
    SECTION 5 - PRODUCTS OR SERVICES (if applicable)
    Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
    We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
    We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
    We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
    SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
    For more detail, please review our Returns Policy.
    SECTION 7 - OPTIONAL TOOLS
    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
    You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
    Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
    SECTION 8 - THIRD-PARTY LINKS
    Certain content, products and services available via our Service may include materials from third-parties.
    Third-party links on this site may direct you to third-party websites that are not affiliated with us. 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 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.
    SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 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.
    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.
    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.
    SECTION 10 - PERSONAL INFORMATION
    Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
    SECTION 11 - 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.
    SECTION 12 - PROHIBITED USES
    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.
    SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    In no case shall Killer Fit Athletics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
    SECTION 14 - INDEMNIFICATION
    You agree to indemnify, defend and hold harmless Killer Fit Gear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
    SECTION 15 - SEVERABILITY
    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.
    SECTION 16 - TERMINATION
    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).
    SECTION 17 - ENTIRE AGREEMENT
    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
    SECTION 18 - GOVERNING LAW
    These Terms in all respects shall be governed by and construed according to the laws of the State of North Carolina. The venue for any dispute shall be in the County of Cumberland.
    This Agreement is entered into in North Carolina. You agree and consent to the exclusive jurisdiction and venue of the state of North Carolina and county of Cumberland for any dispute arising from or related to this Agreement.
    SECTION 19 - 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.
    SECTION 20 - CONTACT INFORMATION
    Questions about the Terms of Service should be sent to us at info@killerfitathletics.com

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