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DISCLAIMER/ TERMS AND CONDITIONS

 

KA'OIR FITNESS WEBSITE TERMS AND CONDITIONS

1. Introduction

Welcome to Ka'Oir Fitness ("Company," "we," "our," or "us"). These Website Terms and Conditions ("Terms") govern your access to and use of the Ka'Oir Fitness website, including all content, functionality, products, services, and purchases made through the website (collectively, the "Website").

By accessing or using the Website, placing an order, or purchasing any product offered through the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Website.

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, to make purchases through this Website.

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

2. Product and Website Disclaimer

The information provided on this Website is for general informational and educational purposes only. Product descriptions, testimonials, marketing materials, and other content are not intended to constitute medical advice, diagnosis, or treatment.

Ka'Oir Fitness reserves the right to modify, discontinue, update, or replace products, pricing, content, promotions, and Website functionality at any time without notice.

3. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS, SERVICES, CONTENT, AND MATERIALS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

KA'OIR FITNESS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

  • IMPLIED WARRANTIES OF MERCHANTABILITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • NON-INFRINGEMENT;

  • TITLE;

  • ACCURACY OR COMPLETENESS OF INFORMATION;

  • QUIET ENJOYMENT; AND

  • WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

No oral or written information or advice given by Ka'Oir Fitness, its affiliates, representatives, employees, or agents shall create any warranty not expressly stated herein.

Certain jurisdictions do not allow limitations on implied warranties. In such jurisdictions, some of the foregoing limitations may not apply.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KA'OIR FITNESS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO:

  • USE OF THE WEBSITE;

  • PURCHASE OR USE OF ANY PRODUCT;

  • RELIANCE ON WEBSITE CONTENT;

  • DELAYS, INTERRUPTIONS, OR WEBSITE ERRORS; OR

  • PERSONAL RESULTS OR LACK OF RESULTS.

IN NO EVENT SHALL KA'OIR FITNESS'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

5. Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

A. Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to:

  • These Terms;

  • Your use of the Website;

  • Communications with Ka'Oir Fitness;

  • Any product sold by Ka'Oir Fitness; or

  • Any transaction between you and Ka'Oir Fitness,

shall be resolved exclusively through final and binding arbitration rather than in court, except for claims that may be brought in small claims court.

This arbitration agreement shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.

B. Informal Dispute Resolution

Before initiating arbitration, you agree to first provide written notice of the dispute by contacting:

Ka'Oir Fitness
Email: Customerservice@KAOIR.com

The notice must describe the nature of the dispute and the requested relief.

Both parties agree to attempt to resolve the dispute informally for sixty (60) days before arbitration may be commenced.

C. Arbitration Rules

Any arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules in effect at the time the claim is filed.

AAA information is available at www.adr.org.

The arbitrator shall have exclusive authority to determine issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

D. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY;

  • NO CLAIM MAY BE ASSERTED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING;

  • THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR AWARD CLASS-WIDE RELIEF.

This Class Action Waiver is a material and essential part of this Arbitration Agreement.

6. Governing Law

Except where preempted by federal law, these Terms shall be governed by and construed under the laws of the State of Florida, without regard to conflict-of-law principles.

Subject to the Arbitration Agreement above, any legal proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and the parties consent to personal jurisdiction therein.

7. Dietary Supplement FDA Disclaimer

The statements made regarding dietary supplements sold by Ka'Oir Fitness have not been evaluated by the U.S. Food and Drug Administration ("FDA").

THE PRODUCTS OFFERED THROUGH THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

Any descriptions, testimonials, reviews, before-and-after photographs, or customer experiences are individual experiences and should not be interpreted as typical or guaranteed results.

Always consult your physician or qualified healthcare provider before using any dietary supplement, weight-loss product, detox product, tea, capsule, cream, fitness regimen, or nutritional program, especially if you are pregnant, nursing, have a medical condition, or take prescription medications.

8. Medical Disclaimer

The information contained on this Website, including articles, videos, product descriptions, testimonials, and social media content, is provided solely for informational and educational purposes.

Nothing on this Website constitutes medical advice, diagnosis, treatment, or a substitute for consultation with a licensed healthcare professional.

Never disregard professional medical advice or delay seeking medical treatment because of information obtained through this Website.

Use of any information provided by Ka'Oir Fitness is solely at your own risk.

9. Personal Fitness Disclaimer

Keyshia Ka'Oir's fitness routines, dietary practices, personal experiences, opinions, and lifestyle recommendations reflect her individual experience and are not intended as medical or professional advice.

Keyshia Ka'Oir is not acting as a physician, registered dietitian, licensed nutritionist, or healthcare provider.

Before beginning any exercise program, weight-loss plan, or dietary regimen, consult your healthcare provider.

Participation in physical exercise carries inherent risks, including injury, illness, and adverse health effects.

10. Results Disclaimer

Individual results vary significantly.

Ka'Oir Fitness does not guarantee:

  • Weight loss;

  • Fat loss;

  • Inch reduction;

  • Body contouring;

  • Detoxification results;

  • Fitness improvements; or

  • Any specific physical outcome.

Testimonials and customer success stories represent individual experiences and should not be considered typical results.

Results depend on numerous factors including:

  • Age;

  • Genetics;

  • Medical history;

  • Diet;

  • Exercise habits;

  • Lifestyle;

  • Consistency of product use; and

  • Individual physiology.

Past results do not guarantee future outcomes.

Your use of our products and services is undertaken voluntarily and at your own risk.

11. Indemnification

You agree to defend, indemnify, and hold harmless Ka'Oir Fitness, its affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

  • Your use of the Website;

  • Your violation of these Terms;

  • Your misuse of any product; or

  • Your violation of applicable laws or regulations.

12. Severability

If any provision of these Terms is held unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

13. Changes to Terms

Ka'Oir Fitness reserves the right to modify these Terms at any time. Updated Terms shall become effective upon posting to the Website.

Your continued use of the Website after any changes constitutes acceptance of the revised Terms.

14. Contact Information

For questions regarding these Terms, please contact:

Ka'Oir Fitness
Email: Customerservice@KAOIR.com