1. I hereby acknowledge and agree that the types of activities, services and physical training program offered by KISKA POLE, LLC involves risks of injury to persons and property including those described below and I assume full responsibility for such risks. In consideration of being permitted to utilize the activities or online services or physical training programs offered by KISKA POLE, LLC I agree to the following: I hereby release and hold KISKA POLE, LLC, its directors, officers, employees and agents, harmless from all liability to myself or property, including injury leading to my death, whether caused by the active or passive negligence of KISKA, LLC, its officers, directors, employees or agents or otherwise to the fullest extent permitted by law when I am utilizing any activity, services, equipment or physical training programs of KISKA POLE, LLC.
2. I also hereby agree to indemnify KISKA POLE, LLC, its officers, directors, employees and agents from any loss, liability, damage or cost KISKA POLE, LLC may incur due to the use of any activity, service equipment or physical training program whether caused by my negligence or otherwise. Should KISKA POLE, LLC or anyone acting on their behalf be required to incur attorneys’ fees or costs to enforce this agreement, I agree to reimburse them for such fees and costs.
3. I represent (a) that I am in good physical condition and have no disability, illness, or other condition that could prevent me from exercising without injury or impairment of health, and (b) that I have consulted a physician concerning an exercise and physical training program that will not risk injury to me or impairment of my health. Such risk of injury includes (but is not limited to) injuries arising from my use of the activity, services, equipment or physical training programs of KISKA POLE, LLC; injuries or medical disorders arising from exercising or utilizing any service, activity, equipment or physical training program, such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, amongst others; and accidental injuries occurring while exercising or utilizing any service, activity, equipment, or physical training program of KISKA POLE, LLC.
4. I further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding continue in full force and effect.
5, We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and conditions, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure.
6. I have read this release and waiver of liability and indemnity clause, and agree that no oral representations, statements or inducement apart from this agreement have been made.
As the original purchaser of content sold on Kiska, you are entitled to access and use the content which is identified in the course/class and which is on the Kiska website, at kiskapole.com ("Website"). In order to access and use this content, you must register with Kiska and create a password to use in accessing the content on the Website.
Your password is unique and exclusive to you, and you may not transfer your password to any other person or allow any other person to use your password to access or use content on the Website. You agree to notify Kiska immediately if any other person makes unauthorized use of your password. Kiska reserves the right to suspend or revoke your password in the event of any misuse of your password or any use of your password in violation of these Terms and Conditions. In the event of any such suspension or revocation, you will not be entitled to any refund or payment.
Upon registration, Kiska grants you a non-exclusive, non-transferable, non-assignable, personal license to access and use the Kiska content identified in the content you purchased via an online/offline reader.
Kiska will not be liable for any delay or interruption in your access to the site or any content located on the site, or for any transmission errors, equipment or software incompatibilities, force majeure or other failure of performance. Kiska will use reasonable efforts to correct any failure of performance, but Kiska will not be required to make any changes to any equipment or software used by Kiska or its contractors or agents to ensure compatibility with any equipment or software used by you. You may not use the site or the content on the site for any commercial purpose, including but not limited to the use of any of the content to market or sell goods or services to any person. You agree not to launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the site.
Kiska reserves the right to change, suspend access to, or remove any or all of the content on the Website at any time, for any reason, in its sole discretion. Kiska also reserves the right to discontinue the Website at any time, either temporarily or permanently. In the event of the removal of any content from the Website or the termination of the Website, you will not be entitled to any refund or payment.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK, AND Kiska WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF THE SITE OR FOR ANY INFORMATION CONTAINED ON THE SITE. ALL CONTENT CONTAINED IN OR REFERRED TO ON THE SITE IS PROVIDED "AS IS," WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, Kiska DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Kiska MAKES NO WARRANTIES THAT THE SITE WILL BE ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER FROM WHICH THE SITE IS OPERATED WILL BE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Kiska BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, LOST PROFITS, AND DAMAGES ARISING FROM COMPUTER VIRUSES, BUSINESS INTERRUPTION, LOST DATA, UNAUTHORIZED ACCESS TO OR USE OF SITE SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, OR ANY INTERRUPTION OR CESSATION OF OPERATION OF THE SITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ANY INFORMATION CONTAINED ON THE SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR YOUR USE OF THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, AND WILL THEREAFTER BE PERMANENTLY BARRED.