TERMS OF SERVICE

OVERVIEW

Welcome to KLYNE! The terms "we" and "our" refer to KLYNE. KLYNE operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the "Services"). KLYNE is powered by Shopify technology, which allows us to provide you with the Services.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

When you visit, interact with, or use our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached at least the age of majority in the state or province where you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is correct, current, and complete, and that you possess all necessary rights to provide this information.

The responsibility for maintaining the security of your account credentials and for all account activity is solely yours. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device used to access the store and your device's settings and configurations.

We do not guarantee that the appearance or quality of any products or services purchased by you will match your expectations or be the same as those presented or illustrated in our online stores. All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. KLYNE reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order will not be considered accepted until KLYNE confirms acceptance. We must receive and process payment before your order is accepted.

Before submitting your order, review it carefully, as KLYNE may not be able to fulfill cancellation requests after the order is accepted. If we do not accept, make changes to, or cancel an order, we will attempt to send you a notification via the email, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK]. You represent and warrant that the purchases you make are for personal or household use and not for commercial resale or export.

SECTION 4 — PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, or customs or import duties.

Prices published in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. Periodically, we may offer promotions on the Services, which may affect prices and are governed by separate terms and conditions from these Terms. In case of conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete, and accurate information about the purchase, payment, and account in all purchases made in our stores. You agree to immediately update your account and other information, including email address, credit card numbers, and expiration dates, so that we can complete transactions and contact you as necessary.

You represent and warrant that (i) the credit card information provided is true, correct, and complete, (ii) you have proper authorization to use that credit card to make the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the published prices, including amounts charged for shipping and handling and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are estimates only and do not constitute guarantees. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. When we transfer products to the carrier, title and risk of loss transfer to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, marks, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement thereof, are the property of KLYNE, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms allow you to use the Services only for personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, transfer, store, or transmit any material about the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or should be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of KLYNE, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. KLYNE reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of KLYNE are trademarks of KLYNE or its affiliates or licensors. You may not use these trademarks without prior written permission from KLYNE. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided access to third-party client tools offered as part of the Services, over which we do not monitor, control, or contribute. You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability arising from or related to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party provider(s).

In the future, we may also offer new features through the Services (including the launch of new tools and resources). These new features should also be considered part of the Services and are subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any third-party functionality incorporated). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or websites, you are doing so at your own risk.

We are not responsible for any damages or losses related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. You should carefully review third-party policies and practices and ensure you understand them before conducting any transaction. Claims, complaints, questions, or inquiries related to third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes Shopify's relationship with your store and should not be removed or modified.]

KLYNE is powered by Shopify technology, which allows us to provide you with the Services. However, any sales and purchases you make in our Store are made directly with KLYNE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and KLYNE, including any injuries, damages, or losses resulting from products and services purchased.

You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities resulting from or related to purchases and transactions you make with KLYNE.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can review here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which you can review here. By using the Services, you confirm that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to provide and optimize the Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as third parties who may be located in countries different from your country of residence, to provide you with services.

Review our privacy policy [LINK] to learn more details about how we, Shopify, and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including for commercial use.

We may, for example, use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms.

We have and will have no obligation to (1) keep your Feedback confidential; (2) pay you compensation for Feedback; or (3) respond to your Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that otherwise violates third-party intellectual property or these Terms of Service.

You agree that your Feedback will not violate any rights of any third parties, including copyright, trademarks, privacy, personality, or any other personal or property rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene content, nor will it contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any Feedback. The responsibility for any Feedback you share, as well as its accuracy, is solely yours. We are not responsible for and assume no liability for Feedback posted by you or third parties.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on or about the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted an order).

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, district, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or cause harm to any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, intentionally receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as determined by us, may harm KLYNE, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track personal information of third parties; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without prior notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provisions that, by their nature, survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on these materials by you or any other visitor to the Services, or by anyone who may be informed of any part of its content.

EXCEPT AS EXPRESSLY STATED BY KLYNE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT, OR ENSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOUR CASE.

SECTION 16 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL KLYNE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED BY USING THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF INFORMATION ABOUT THAT POSSIBILITY HAS BEEN SHARED.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KLYNE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties by virtue of or arising from (1) your violation of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of third parties, or (3) your access and use of the Services.

We will send you notification of any claim subject to indemnification, provided that lack of prompt notification does not constitute your waiver of obligations, except in the case of material prejudice. We may control the defense and settlement of such claim at your expense, including the choice of an attorney, but we will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 18 — SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Thus, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules published by us on this website or in relation to the Service constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of its rights or obligations under these Terms without our prior written consent, and any such attempt shall be void and without effect. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice from us.

SECTION 21 — APPLICABLE LAW

These Terms of Service and any separate agreements through which we provide you with the Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where KLYNE has its established headquarters. You and KLYNE consent to the forum and personal jurisdiction in these courts.

SECTION 22 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE

You can review the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website to become aware of changes.

We will send you notification of any significant changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to katia@klyne-fitness.com. Our contact information is published below:

katia@klyne-fitness.com