Terms and Conditions of Use KYD55™

Please read these Terms and Conditions of Use carefully. By visiting and using the KYD55.com website or an online platform owned by a third-party such as Facebook (the “Website”), by becoming a member of KYD55™, or by participating in any live or online event, training, one-on-one or group coaching, class, workshop, program, or social media group, or using any digital or downloadable resources (collectively, the “Program”) offered or hosted by KYD Media, LLC (the “Company”), you agree that you have read, understood, and agree to the following Terms and Conditions of Use (these “Terms”).

If you do not agree with these Terms, you may not use the Website or participate in the Program. By entering the KYD55 private Facebook group, you agree to the terms on this page.

MEMBERSHIP: You are only eligible to join KYD55™ as a member if you are at least 18 years old. Some of the content in the Program may not be appropriate for children. The Company hereby disclaims all liability for use of the Program by individuals under the age of 18.

Members of KYD55™ receive certain benefits, including the ability to: (i) join an online community with content exclusively for members; (ii) receive text messages, videos, and other content from the Company providing information valuable to members; (iii) sign up before the general public for live events offered by the Company; etc. The Company reserves the right to add to, modify or discontinue any or all of these benefits at any time with or without notice.

You may unsubscribe from receiving text messages at any time by following the instructions provided in the message, without terminating your membership in KYD55™.

INTELLECTUAL PROPERTY RIGHTS:

Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails or other communications sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

The Company’s Limited License to You:

If you view, purchase or access any Program or any of the Content, you will be considered a Licensee of the Company. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree that if you engage in any Unauthorized Use, you will pay the Company liquidated damages of $5,000, or the Company’s actual damages if they exceed $5,000, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

Your License to the Company; Use in Testimonials and Marketing.

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old.

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future Site and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our Site or in our Content at any time for any reason.

Request for Permission to Use our Content

If you wish to use any of our Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an email to support@kyd55.com

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.

YOUR CONDUCT, CONFIDENTIALITY:

Please choose carefully the materials that you upload to, submit to, or share on the Website or during any video or telephone call operated by the Company and any third-party forums operated by the Company. Any material you post or share on the Website, during any video or telephone call, or in any third-party forums operated by the Company may inadvertently become public.

Your relationship with the Company is not legally bound by confidentiality. You acknowledge that our communications are not covered by a doctor-patient or any other privilege. The Company is not legally bound to keep your information confidential.

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties

not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.

Nevertheless, the Company agrees to take reasonable steps keep all information about its relationship with you private within the Website, in video or telephone calls, or in any third-party forums operated by the Company, except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself or others. You may authorize the Company to disclose your information to a third party by doing so in writing.

The Company may record coaching calls and share them on the Website, in the Program, or on third-party forums operated by the Company.

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Website or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.

You are responsible for your material and for any liability that may result from it. You participate, comment, post, and disclose your material at your own risk. Any communication by you on the Website or via a social media group, chat room, message board, public forum, chat bot, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Website or any Company social media group or third-party forum. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Website. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Website.

You are strictly forbidden from doing any of the following with respect to the Website or any Activity:

Causing damage
Committing any unlawful, illegal, fraudulent or harmful purpose or activity
Using it to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
Transmitting, sending or delivering unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data
Sharing private and proprietary information from online courses with anyone else

The Company may, without notice or refund, refuse or discontinue access to the Website or Program to any person who fails to comply with these Terms.

TERMINATION: The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.

NO PITCHING, SELLING OR PROMOTING OTHER PRODUCTS, GROUPS, PROGRAMS, OR EVENTS TO OTHER MEMBERS: The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to other members on the Website or any social media group or platform for members, whether or not officially sanctioned, owned, or operated by the Company.

This means you agree not to form, or ask other members to join, “shadow” groups based on interests or locality. You agree not to invite other members to participate in events, such as a race, seminar, or athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as nutritional supplements, coaching services, or other products or services, to other members, unless you are authorized or requested to do so by the Company.

WAIVER AND RELEASE: As used in these Terms, “Releasees” includes the following: (i) the Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, contractors, coaches, trainers, nutritionists, representatives, successors and assigns (collectively, “Host”); (ii) any Host volunteers; (iii) Marc Leach; (iv) Tricia Leach; (v)

You represent and warrant that:

You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.
You are fully aware of the risks and hazards inherent in participating in Program and voluntarily, knowingly and freely assume all risks associated with participating in the Program, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns.
You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
You are able to safely participate in the Program and have no medical condition that would make your participation in the Program more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Program without the approval of a physician.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Host, volunteers or medical professionals may deem appropriate, and understand that these Terms extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

You release, waive, discharge and covenant not to sue the Releasees from any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your use of the Website or participation in the Program, whether or not caused by the active or passive negligence of the Releasees.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break; (b) improper maintenance of any exercise equipment, premises or facilities; (c) negligent instruction or supervision, including but not limited to the Program; (d) negligent hiring, training, supervision, or retention of coaches, trainers, nutritionists, contractors, employees or volunteers; and/or (e) slipping, tripping, falling or otherwise suffering an injury while on any portion of a premises or while traveling to or from the Program, including injuries resulting from Releasees’ or anyone else’s negligent inspection or maintenance of the facility or premises.

You expressly agree that the Waiver is intended to be as broad and inclusive as permitted by the law of the State of Arizona, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

INDEMNITY: You agree to defend, indemnify and hold harmless Releasees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Website in violation of these Terms, (ii) your participation in the Program, whether or not caused by the active or passive negligence of the Releasees; (iii) any and all third party claims caused in whole or in part by your negligent or intentional acts or omissions; (iv) any breach by you of these Terms or any representation and warranty made by you herein, (v) your material submitted to the Website, (vi) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (vii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

DISCLAIMERS: The Website and Program provide information only, and do not provide any financial, legal, medical or psychological services or advice. None of the Content prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. The Company disclaims any liability for your reliance on any opinions or advice contained in the Website. The Company cannot and does not guarantee any particular financial, medical or business outcomes or other particular results, and you understand that results differ for each individual.

Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE OR PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, PROGRAM, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, COMPANY SOCIAL MEDIA GROUP, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY ACTIVITY, INCLUDING MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THEM.

JURISDICTION AND VENUE: These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws. The state and federal courts in Phoenix, Arizona shall have exclusive jurisdiction over any case or controversy arising from or relating to the Website or any Program, including but not limited to the Privacy Policy or these Terms. By using the Website or participating in any Program, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

The Company controls and operates the Website and Program from offices in the United States. The Company does not represent that materials provided on the Website or through the Program are appropriate or available for use in other locations. People who choose to access the Website or Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

CHANGES TO THESE TERMS: The Company may change, modify or update these Terms at any time without notice. Any access or use of the Website, or participation in the Program, by you after the Company posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact info@kyd55.com