TERMS AND CONDITIONS OF KSM SPORTS AND FITNESS

 

These terms and conditions outline the rules and regulations for the use of KSM SPORTS AND FITNESS Website, located at www.ksmsportsandfitness.com or any KSM SPORTS AND FITNESS online channel where these terms and conditions are linked, such as KSM SPORTS AND FITNESS microsites (i.e booking); KSM SPORTS AND FITNESS pages on social media sites, for example on facebook, twitter, instagram, youtube, etc.; and mobile sites and applications of KSM SPORTS AND FITNESS that display or link to these terms and conditions (each of these referred to individually as a “site”).  By accessing this website we assume you accept these terms and conditions. Do not continue to use www.ksmsportsandfitness.com if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of The United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

License

Unless otherwise stated, KSM SPORTS AND FITNESS and/or its licensors own the intellectual property rights for all material on www.ksmsportsandfitness.com.  All intellectual property rights are reserved. You may access this from www.ksmsportsandfitness.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from www.ksmsportsandfitness.com.
  • Sell, rent or sub-license material from www.ksmsportsandfitness.com.
  • Reproduce, duplicate or copy material from www.ksmsportsandfitness.com.
  • Redistribute content from the www.ksmsportsandfitness.com.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website.  KSM SPORTS AND FITNESS does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of KSM SPORTS AND FITNESS, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, KSM SPORTS AND FITNESS shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

KSM SPORTS AND FITNESS reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant KSM SPORTS AND FITNESS a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of KSM SPORTS AND FITNESS; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to KSM SPORTS AND FITNESS. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 1 month for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
  • No use of The Scottish Soap House’s logo or other artwork will be allowed for linking absent a trademark license agreement.

 

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

 

Your Account
You may choose to create an Account at our Site. If you do, you will have an email address and password for your account. To protect your Account, you should choose a username and password different than names, birthdays, or street addresses associated with you. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer.

 

Termination
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

 

Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Site. Your continued use of this Site after any changes to these terms and conditions are posted will be considered acceptance of those changes.

 

Content Liability

KSM SPORTS AND FITNESS does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or through User Communications contained on this Site (collectively, “Content”). Any Content placed online, including advice, opinions and stories, are the views and responsibility of those who post the Content and do not necessarily represent the views of KSM SPORTS AND FITNESS.

 

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

 

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

 

Jurisdiction
These Terms and Conditions supersede any other agreement between you and KSM SPORTS AND FITNESS to the extent necessary to resolve any inconsistency or ambiguity between them. YOU AGREE THAT THE FOLLOWING WILL BE RESOLVED EXCLUSIVELY IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF OHIO OR A STATE COURT LOCATED IN POWELL, OHIO: ANY ACTION SEEKING LEGAL OR EQUITABLE RELIEF THAT ARISES OUT OF OR RELATES TO (1) THIS SITE, (2) THESE TERMS AND CONDITIONS, (3) THIS SITE’S ONLINE PRIVACY POLICY (INCLUDING, WITHOUT LIMITATION, PRIVACY AND INFORMATION SECURITY PROTECTIONS AND GOVERNANCE), (4) THE FUNCTIONING, OVERSIGHT, AND MANAGEMENT OF THIS SITE, AND (5) ANY PURCHASE, RETURN, OR OTHER ONLINE TRANSACTION MADE THROUGH THIS SITE. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to reach us at:

KSM SPORTS AND FITNESS
c/o Ryan and Nicole Kunk
10336 SAWMILL ROAD
Powell, OH 43065

If you fail to comply with all the requirements above, your notice may not be valid.