TERMS OF SERVICE
Last
updated
March 05,
2026
AGREEMENT TO OUR LEGAL TERMS
We are RK Fit, LLC
("
Company,
" " we,
" " us,
" " our")
, a company registered in
Trinidad and
Tobago
at No.
39, Gittens Apartments Diego Martin TT
.
We operate
the mobile application RKFit Training (the " App")
, as well as any other related
products and services that refer or link to these legal terms (the " Legal Terms"
) (collectively, the " Services").
You can contact us by email at support@rk-fit.com
or by mail to No. 39, Gittens Apartments Diego Martin TT
,
Trinidad and Tobago
.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on
behalf of an
entity (" you"), and RK Fit, LLC, concerning your access to
and
use of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH
ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are
hereby
expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Legal Terms from time to time.
We will alert you about any changes by updating the
" Last updated" date of these Legal
Terms, and you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Legal Terms by your continued use of the
Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register
for the Services.
We recommend that you
print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or country.
Accordingly,
those persons who choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all
source code,
databases, functionality, software, website designs, audio, video, text, photographs,
and graphics in the Services (collectively, the "
Content"), as well as the trademarks,
service marks, and logos contained therein (the "
Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual
property rights
and unfair competition laws) and treaties in the
United States and around the
world.
The Content and Marks are provided in or through the Services " AS IS" for your
personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the " PROHIBITED
ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use
.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content
or Marks
may be copied, reproduced,
aggregated,
republished,
uploaded,
posted,
publicly displayed,
encoded,
translated,
transmitted,
distributed,
sold,
licensed,
or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or
elsewhere in
our Legal Terms, please address your request to: support@rk-fit.com. If we
ever grant you the permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and
your right
to use our Services will terminate immediately.
Your submissions
Please review this section and the "
PROHIBITED ACTIVITIES
"
section carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback,
or other
information about the Services (" Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions
through any part of the Services you:
- confirm that you have read and agree with our " PROHIBITED
ACTIVITIES
"
and will not post, send, publish, upload, or transmit through the
Services any Submission that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission
;
- warrant that any such Submission are original to you or that you have the
necessary rights and licenses to submit such Submissions
and that you have full authority to grant
us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential
information.
You are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant that:
(1) all registration information you submit
will be true,
accurate,
current,
and complete;
(2) you will
maintain the accuracy of such information and promptly update
such registration information as necessary;
(3) you have the legal capacity and you
agree to comply with these Legal Terms;
(4) you are not a minor in the
jurisdiction in which you reside
;
(5) you will not access the
Services through automated or non-human means,
whether through a bot,
script or otherwise;
(6) you will not use the Services
for any illegal or unauthorizedpurpose;
and (7) your use of the Services will
not violate any applicable law or regulation.
If
you provide any information that is untrue,
inaccurate,
not current,
or incomplete,
we have the right to suspend or terminate your account and refuse any
and all current or future use of the Services (or any portion
thereof).
You
may be required to register to use the Services. You
agree to keep your password confidential and will be
responsible for all use of your account and password. We
reserve the right to remove,
reclaim,
or change a username you select if we determine,
in our sole discretion,
that such username is inappropriate,
obscene,
or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
You agree to provide current, complete, and accurate purchase and account information for all purchases
made via the
Services. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed. Sales tax will be added to the
price of purchases as deemed required by us. We may change prices at any time. All
payments shall be in Trinidad and Tobago Dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping
fees, and
you authorize us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or received
payment.
We reserve the right to refuse any order placed through the Services. 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 payment method,
and/or orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment
, appear to be placed by dealers,
resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically
renew unless canceled. You consent to our charging your
payment method on a recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order. The length of your billing
cycle will depend on the type of subscription plan you
choose when you subscribed to the Services.
Cancellation
All purchases are non-refundable.
You can cancel your subscription at any time by
logging into your account. Your cancellation will
take effect at the end of the current paid term. If you have any questions or are
unsatisfied with our Services, please email us at support@rk-fit.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
You may not access or use the Services for any purpose other than that for which we make the Services
available. The
Services may not be used in connection with any commercial endeavors except those that
are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile,
directly or indirectly, a
collection, compilation, database, or directory
without written permission from
us.
- Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such
as user
passwords.
- Circumvent, disable, or otherwise interfere with security-related features
of the Services, including features that
prevent or restrict the
use or copying of any
Content or enforce
limitations on the use
of the Services and/or
the Content contained
therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use any information obtained from the Services in order to harass, abuse,
or harm another
person.
- Make improper use of our support services or submit false reports of abuse
or
misconduct.
- Use the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage in unauthorized framing of
or linking to the
Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including
excessive use of capital
letters and spamming
(continuous posting of
repetitive text), that
interferes with any
party’s uninterrupted
use and enjoyment of the
Services or modifies,
impairs, disrupts,
alters, or interferes
with the use, features,
functions, operation, or
maintenance of the
Services.
- Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data
mining, robots, or
similar data gathering
and extraction
tools.
- Delete the copyright or other proprietary rights notice from any
Content.
- Attempt to impersonate another user or person or use the username of
another user.
- Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information
collection or
transmission mechanism,
including without
limitation, clear
graphics interchange
formats (
" gifs"
), 1×1 pixels, web
bugs, cookies, or other
similar devices
(sometimes referred to
as
" spyware" or "
passive collection
mechanisms" or " pcms"
).
- Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the
Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the
Services to
you.
- Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion
of the
Services.
- Copy or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other
code.
- Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software
comprising or in any way
making up a part of the
Services.
- Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute
any automated system,
including without
limitation, any spider,
robot, cheat utility,
scraper, or offline
reader that accesses the
Services, or use or
launch any
unauthorized
script or other
software.
- Use a buying agent or purchasing agent to make purchases on the
Services.
- Make any unauthorized use of the
Services, including
collecting usernames
and/or email addresses
of users by electronic
or other means for the
purpose of sending
unsolicited email, or
creating user accounts
by automated means or
under false
pretenses
.
- Use the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any
revenue-generating
endeavor
or commercial
enterprise.
-
Use the Services to advertise or
offer to sell goods and services.
-
Sell or otherwise transfer your
profile.
8. USER GENERATED
CONTRIBUTIONS
The Services does not offer users to submit or post content. We may
provide you
with the
opportunity to
create, submit,
post, display,
transmit,
perform,
publish,
distribute, or
broadcast
content and
materials to us
or on the
Services,
including but
not limited to
text, writings,
video, audio,
photographs,
graphics,
comments,
suggestions, or
personal
information or
other material
(collectively,
"
Contributions"
).
Contributions
may be viewable
by other users
of the Services
and through
third-party
websites.
As such,
any
Contributions
you transmit may
be treated in
accordance with
the Services'
Privacy Policy.
When you
create or make
available any
Contributions,
you thereby
represent and
warrant
that:
- The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your
Contributions do not and will not infringe the
proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret,
or moral rights of any third
party.
- You are the creator and owner of or have the necessary licenses
,
rights, consents, releases, and permissions to
use and to
authorize
us, the Services, and other users of the
Services to use your Contributions in any manner
contemplated by the Services and these Legal
Terms.
- You have the written consent, release, and/or permission of each and every
identifiable individual person in your
Contributions to use the name or likeness of
each and every such identifiable individual
person to enable inclusion and use of your
Contributions in any manner contemplated by the
Services and these Legal
Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or
unauthorized
advertising, promotional materials,
pyramid schemes, chain letters, spam, mass
mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing,
libelous
, slanderous, or otherwise objectionable
(as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote
violence against a specific person or class of
people.
- Your Contributions do not violate any applicable law, regulation, or
rule.
- Your Contributions do not violate the privacy or publicity rights of any third
party.
- Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect
the health or well-being of
minors.
- Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual
preference, or physical
handicap.
- Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Legal Terms, or any
applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result
in, among other
things, termination or suspension of your rights
to use the Services.
You and Services agree that we may access, store, process, and use any information and personal
data that you provide
following the terms of the Privacy Policy
and your choices (including
settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share
such feedback
for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and
any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us regarding your
Contributions.
10. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable,
limited right
to install and use the App on wireless electronic devices owned or controlled by you,
and to access and use the App on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Legal Terms. You
shall not: (1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from
the App; (3) violate any applicable laws, rules, or regulations in connection with your
access or use of the App; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors of the
App; (5) use the App for any revenue-generating
endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices or users at
the same time; (7) use the App for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the App; (8) use
the App to send automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each
an " App Distributor") to access the Services: (1) the license
granted to you for our App is limited to a non-transferable license
to use the application on a device that
utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set forth in
the applicable App Distributor’s terms of service; (2) we are responsible for providing
any maintenance and support services with respect to the App as specified in the terms
and conditions of this mobile application license
contained in these Legal Terms or as
otherwise required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services with
respect to the App; (3) in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase price,
if any, paid for the App, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a country that is subject
to a US government embargo, or that has been designated by the US government as a " terrorist
supporting" country and (ii) you are not listed
on any US government list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the App, e.g.,
if you have a VoIP application, then you must not be in violation of their wireless data
service agreement when using the App; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Legal Terms, and
that each App Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application license
contained in these Legal Terms against you as a third-party beneficiary
thereof.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms;
(2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in
our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
https://api.rk-fit.com/legal
. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the Services are hosted in
Trinidad and Tobago
and United States
. If you access the Services from any other region
of the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
Trinidad and Tobago
and United States
, then through your continued use of the Services,
you are transferring your data to
Trinidad and Tobago
and United States
, and you expressly consent to have your data
transferred to and processed in
Trinidad and Tobago
and United States
.
13. TERM AND TERMINATION
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION
OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You agree that we have
no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the Services. Nothing in
these Legal Terms will be construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Legal Terms shall
be governed by and defined following the laws of
Trinidad and Tobago
. RK Fit, LLC and yourself irrevocably consent
that the courts of
Trinidad and Tobago
shall have exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
16. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal
Terms or the legal relationship established by these Legal Terms to the jurisdiction of the
Trinidad and Tobago
courts. RK Fit,
LLC shall also maintain the right to bring proceedings as to the substance of the
matter in the courts of the country where you reside or, if these Legal Terms are entered into
in the course of your trade or profession, the state of your principal place of business.
17. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL
BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE
AMOUNT PAID,
IF ANY,
BY YOU TO US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR TO
ANY
CAUSE OF
ACTION
ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to
defend,
indemnify,
and hold us harmless,
including our subsidiaries,
affiliates,
and all of our respective officers,
agents,
partners,
and employees,
from and against any loss,
damage,
liability,
claim,
or demand,
including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
(1) use of the Services;
(2) breach of these Legal Terms;
(3) any breach of your representations and
warranties set forth in these Legal Terms;
(4) your violation of the rights of a third
party,
including but not limited to intellectual property rights;
or (5) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding the
foregoing,
we reserve the right,
at your expense,
to assume the exclusive defenseand control of any matter for which you
are required to indemnify us,
and you agree to cooperate,
at your expense,
with our defenseof such claims. We will use reasonable
efforts to notify you of any such claim,
action,
or proceeding which is subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the performance of
the Services,
as well as data relating to your use of the Services. Although we perform regular routine
backups of data,
you are solely responsible for all data that you transmit or that relates to any activity you
have undertaken using the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data,
and you hereby waive any right of action against us arising from any such loss or corruption of
such data.
22. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS,
AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications.
You
consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
23. SMS TEXT MESSAGING
Program Description
By opting into any Amazon Web Services text messaging program, you expressly
consent to receive text messages (SMS) to your mobile number. Amazon Web Services text messages may
include:
transactional
.
Opting Out
__________
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are
determined
by your carrier and the specifics of your mobile plan. Carriers are not liable for delayed or
undelivered messages. If you have any questions about your text plan or data plan, contact your
wireless provider.
Support
If you have any questions or need assistance regarding our SMS communications, please reply with the
keyword HELP.
You can also email us at support@rk-fit.com
. If you have any
questions regarding privacy, please read our Privacy Policy: https://api.rk-fit.com/legal/privacy.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved,
you can contact the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N 112,
Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the
Services
constitute the entire agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a waiver of such right
or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable
from these Legal Terms and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of
the
Services, please contact us at:
RK Fit, LLC
No. 39, Gittens Apartments Diego
Martin TT
Trinidad and Tobago