TERMS AND CONDITIONS OF USE



Kinetic Concepts, LLC ("Kinetic Concepts", dba "Voom") provides its services to you subject to the following Terms and Conditions. If you visit Kinetic Concepts' website, you accept these Terms and Conditions. If you do not agree to be bound by all of these Terms and Conditions of use, please do not use or access this site.


This Site Is For Informational Purposes Only

The contents of the Kinetic Concepts' website, such as text, graphics, images, information obtained from Kinetic Concepts' licensors, and other material contained on the Kinetic Concepts site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Kinetic Concepts site.

As with any stretch / exercise program see your doctor for a full medical check-up before embarking on any new fitness program including Voom or any other stretches or exercises mentioned by Kinetic Concepts, LLC.

If you think you may have a medical emergency, call your doctor or 911 immediately. Kinetic Concepts does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this site. Reliance on any information provided by Kinetic Concepts, Kinetic Concepts' employees, others appearing on this site at the invitation of Kinetic Concepts, or other visitors to the Site is solely at your own risk.



Children's Privacy

We are committed to protecting the privacy of children. You should be aware that this site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.



Use of Content

Kinetic Concepts authorizes you to view or download a single copy of the material on this site solely for your personal, noncommercial use. Any special rules for the use of certain software and other items accessible on the Kinetic Concepts website may be included elsewhere within this site and are incorporated into these Terms and Conditions by reference.

Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Kinetic Concepts. All rights not expressly granted herein are reserved to Kinetic Concepts and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.



Liability of Kinetic Concepts and Its Licensors

The use of the Kinetic Concepts website and the Content is at your own risk.

When using the Kinetic Concepts website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Kinetic Concepts, its licensors and its suppliers. Accordingly, Kinetic Concepts assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Kinetic Concepts site.

The Kinetic Concepts site and the content are provided on an "as is" and "as available" basis. KINETIC CONCEPTS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Kinetic Concepts, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Kinetic Concepts website.

In no event shall Kinetic Concepts, its licensors, its suppliers, or any third parties mentioned on the Kinetic Concepts website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Kinetic Concepts site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Kinetic Concepts, its licensors, its suppliers, or any third parties mentioned on the Kinetic Concepts site are advised of the possibility of such damages. Kinetic Concepts, its licensors, its suppliers, or any third parties mentioned on the Kinetic Concepts site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $250. Kinetic Concepts, its licensors, its suppliers, or any third parties mentioned on the Kinetic Concepts website shall not liable for any personal injury, including death, caused by your use or misuse of this website, Content, or Public Areas (as defined below). Any claims arising in connection with your use of this website, any Content, or the Public Areas must be brought within one (1) year of the date of the alleged event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.



User Submissions � General

The personal information you submit to Kinetic Concepts is governed by the Kinetic Concepts Privacy Policy. To the extent there is an inconsistency between this Agreement and the Kinetic Concepts Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, user reviews of drug information, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to Kinetic Concepts email, (including through the email addresses listed on the "Contact Us" page) or any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concepts or invention to Kinetic Concepts by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Kinetic Concepts by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Kinetic Concepts a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Kinetic Concepts may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Kinetic Concepts by email or other means. We try to answer every email in a timely manner, but are not always able to do so.



User Submissions Image, Video, Audio Files

You agree to only post or upload "Media" (including photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any Media that contains personally identifiable information (for example, name, phone number, email address or web site URL) of you or of anyone else. Uploading Media like images or video of other people without their permission is strictly prohibited.

By uploading any Media on the Kinetic Concepts site, you warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the Kinetic Concepts' Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.

By uploading any Media like a photo or video, (a) you grant to Kinetic Concepts a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Media and any material included in the Media; and (b) you certify that any person pictured in the submitted Media (or, if a minor, his/her parent/legal guardian) authorizes Kinetic Concepts to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Media and any material included in such Media; and (c) you agree to indemnify Kinetic Concepts and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the Media and/or your failure to comply with these the terms described in these Terms and Conditions.

Kinetic Concepts reserves the right to review all media prior to submission to this site and to remove any Media for any reason, at any time, without prior notice, at our sole discretion



Passwords

Kinetic Concepts has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Kinetic Concepts passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Kinetic Concepts account and password; (3) promptly inform Kinetic Concepts of any need to deactivate a password. You grant Kinetic Concepts and all other persons or entities involved in the operation of this website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this site. Kinetic Concepts cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Kinetic Concepts' tools and services.



Kinetic Concepts Community and Member to Member Areas ("Public Areas")

If you use a Public Area, such as message boards, blogs, Ask Our Expert, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Kinetic Concepts and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;

  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Kinetic Concepts in its sole discretion;

  4. Posting advertisements or solicitations of business;

  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

  6. Posting chain letters or pyramid schemes;

  7. Impersonating another person;

  8. Distributing viruses or other harmful computer code;

  9. Harvesting or otherwise collecting information about others, including email addresses;

  10. Posting the same note more than once or "spamming"; or

  11. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or this site, or which, in the judgment of Kinetic Concepts exposes Kinetic Concepts or any of its customers or suppliers to any liability or detriment of any type.

Kinetic Concepts reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms.

  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

  4. Terminate a user's access to any or all Public Areas and/or the Kinetic Concepts site upon any breach of these Terms and Conditions.

  5. Monitor, edit, or disclose any communication in the Public Areas.

  6. Edit or delete any communication(s) posted on the Kinetic Concepts website, regardless of whether such communication(s) violate these standards.

Kinetic Concepts and/or its licensors have no liability or responsibility to users of the Kinetic Concepts website or any other person or entity for performance or nonperformance of the aforementioned activities.



Advertisements, Searches, and Links to Other Sites

Kinetic Concepts may provide links to third-party websites. Kinetic Concepts does not recommend and does not endorse the content on any third-party websites unless it is expressly stated on this website. Kinetic Concepts is not responsible for the content of linked third-party sites, sites framed within the Kinetic Concepts website, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Kinetic Concepts does not endorse any product, service, or treatment advertised on the Kinetic Concepts website unless is expressly stated on this website.



Copyrights

Copyright � 2011 Kinetic Concepts. All materials and contents contained in this site (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the site itself, are copyrighted materials belonging exclusively to Kinetic Concepts or its content suppliers and are protected by United States and international copyright law. Kinetic Concepts enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.



Indemnity

You agree to defend, indemnify, and hold Kinetic Concepts, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.



General

Kinetic Concepts is based in New York State, in the United States of America with principal offices in Kingston, New York. Kinetic Concepts makes no claims that Kinetic Concepts and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Kinetic Concepts site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.



Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Kinetic Concepts or in any way relating to your use of the Kinetic Concepts website, resides in the courts of the State of New York, County of Ulster and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Kinetic Concepts or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.



Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from this website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Kinetic Concepts' copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  3. Your name, address, telephone number and e-mail address.

  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Kinetic Concepts' agent for copyright issues relating to this web site is as follows:



Kinetic Concepts, LLC
Attn: Office of Privacy
324 Washington Ave
Kingston, NY 12401
admin@kcmovement.com
Or call: 845-802-4433

In an effort to protect the rights of copyright owners, Kinetic Concepts maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this website who are repeat infringers.



Complete Agreement, Modification and Severability

These Terms and Conditions and the Kinetic Concepts Privacy Policy constitute the entire agreement between you and Kinetic Concepts with respect to the use of the Kinetic Concepts website and Content. Kinetic Concepts reserves the right to make changes to this site, policies, and these Terms and Conditions at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Thank you for your cooperation. We hope you find the Kinetic Concepts website helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Kinetic Concepts, LLC, Office of Privacy, 324 Washington Ave, Kingston, NY 12401.