Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Welcome! This website is owned and operated by Coconuts and Kettlebells, LLC (“Coconuts & Kettlebells”), a Virginia limited liability company. This Agreement is made by and between Coconuts & Kettlebells and you (“you,” “your” or “User”).

By accessing, visiting, browsing, using or attempting to interact with any part of this website, or other Coconuts & Kettlebells software, programs, services, websites or any of Coconuts & Kettlebells licensees services or software (collectively “services”), you agree that you have read, understand and agree to be bound by this agreement. If you do not agree to be bound by this agreement, please do not access or use any part of this website.

Coconuts & Kettlebells reserves the right, from time to time, with or without notice to you, to make changes to this agreement in Coconuts & Kettlebells’ sole discretion. Continued use of any part of this website constitutes your acceptance of such changes. The most current version of this agreement, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of every page on the Coconuts & Kettlebells website.

Access to This Site

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Coconuts & Kettlebells believes the information you provide is not correct, current, or complete, Coconuts & Kettlebells has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

Restrictions on Use

You may use this site for purposes expressly permitted by this site. As a condition of your use of Coconuts & Kettlebells’ website(s), you warrant to Coconuts & Kettlebells that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site or (ii) frame this site without the express prior written permission of an authorized representative of Coconuts & Kettlebells. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Coconuts & Kettlebells in causing any unauthorized co-branding or framing to immediately to cease. In addition, you may not use Coconuts & Kettlebells website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

Permissions on Use

You may link directly to Coconuts & Kettlebells’ website(s) to direct visitors to the website(s). When hyperlinking to specific Coconuts & Kettlebells’ website content, the page title must be included and directly hyperlinked, and you must attribute the link to “Coconuts & Kettlebells®” with a direct link to coconutsandkettlebells.com. You may not use a photo from the Coconuts & Kettlebells website without prior permission. To request the use of a photo, please email info@coconutsandkettlebells.com.

Personal and Non-Commercial Use Limitation

Coconuts & Kettlebells’ website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Coconuts & Kettlebells’ express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Coconuts & Kettlebells’ website(s).

Proprietary Information

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Coconuts & Kettlebells (the “Content”) is the proprietary information of Coconuts & Kettlebells or the party that provided or licensed the Content to Coconuts & Kettlebells, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Coconuts & Kettlebells, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Coconuts & Kettlebells’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyperlinks and Affiliate Links

This site may be hyperlinked to other sites which are not maintained by, or related to Coconuts & Kettlebells. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Coconuts & Kettlebells. Coconuts & Kettlebells has not reviewed any or all of such sites and is not responsible for the content of those sites. Coconuts & Kettlebells is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user’s own risk, and Coconuts & Kettlebells makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Coconuts & Kettlebells provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Coconuts & Kettlebells of that site or any association with its operators.

Coconuts & Kettlebells may receive compensation in the event you purchase products through affiliate links. No additional costs are passed to you for your purchase of a product through an affiliate link. In order for Coconuts & Kettlebells to support and maintain the Coconuts & Kettlebells website(s), Coconuts & Kettlebells may receive monetary compensation or other types of remuneration for my endorsement, recommendation, testimonial and/or link to any products or services from this website. Please review the entire Affiliate Disclosure for more details.

Noelle Tarr / Coconuts & Kettlebells, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

Use of Communication Services

Coconuts & Kettlebells websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

ii) advocates illegal activity or discusses an intent to commit an illegal act;

iii) is vulgar, obscene, pornographic, or indecent;

iv) does not pertain directly to this site;

v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

viii) violates any law or may be considered to violate any law;

ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;

xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

xii) solicits funds, advertisers or sponsors;

xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

xv) includes MP3 format files;

xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or

xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Coconuts & Kettlebells reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Coconuts & Kettlebells reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Coconuts & Kettlebells also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Coconuts & Kettlebells nor any third party that provides Content to Coconuts & Kettlebells will assume or have any liability for any action or inaction by Coconuts & Kettlebells or such third party with respect to any submission. Coconuts & Kettlebells cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Coconuts & Kettlebells does not control or endorse the content, messages or information found in any Communication Service and, consequently, Coconuts & Kettlebells specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Coconuts & Kettlebells spokespersons, and their views do not necessarily reflect those of Coconuts & Kettlebells.

Submissions

You hereby grant to Coconuts & Kettlebells the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Coconuts & Kettlebells through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Coconuts & Kettlebells will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Coconuts & Kettlebells operations.

Coconuts & Kettlebells will treat any personal information that you submit through this site in accordance with its Privacy Policy.

Personal Information

Our online inquiry forms may solicit visitors to voluntarily provide contact information such as name, email address, phone number, and mailing address and demographic information such as age and how you learned about us. Pursuant to our Privacy Policy, we use this contact data to facilitate communications with visitors. Customers may receive a follow-up email after submitting our online inquiry form, and may be further contacted only by the means specified by the customer in the form. Users may request email or telephone contact, or to subscribe to an opt-in newsletter updating them on program activities. The customer’s contact information may be also used to contact the visitor regarding their specific request or to send administrative notices regarding their use of the site. Users may opt-out of receiving future mailings. Demographic and profile data may be collected at our website. We use this data to tailor our visitor’s experience at our website, showing them content that we think they might be interested in, and displaying the content according to their preferences. All collected data is for internal use only and is never shared with third parties.

Disclaimer

You understand that Coconuts & Kettlebells cannot and does not guarantee or warrant that files, videos, or other content available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Coconuts & Kettlebells does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Coconuts & Kettlebells.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COCONUTS & KETTLEBELLS, LLC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

COCONUTS & KETTLEBELLS, LLC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COCONUTS & KETTLEBELLS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COCONUTS & KETTLEBELLS, LLC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COCONUTS & KETTLEBELLS, LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COCONUTS & KETTLEBELLS, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Coconuts & Kettlebells does not undertake any obligation to update such information after it is posted, continue to maintain it, or to remove such information from this site if it is not, or is no longer accurate or complete.

Medical Disclaimer

All information, material, and content found on Coconuts and Kettlebells’ website(s) is strictly informational. It is general information that may not apply to you as an individual, and it is not intended to serve as a substitute for your own primary care provider, physician, specialist, nurse practitioner, or other applicable medical professional’s recommendations, care or advice. Any and all medical care provided to you in connection with any medical or health related diagnosis should be administered by your own primary care provider, physician, specialist, nurse practitioner, or other applicable medical professional

All information and resources found on this site are based on the opinions of the author unless otherwise noted. Accessing this site, reading the material contained on this site, or otherwise using this site does not create, nor is it intended to create a physician-patient relationship. You further agree that you shall not make any medical or health-related decision based in whole or in part on anything contained on this site. None of the opinions, recommendations, or information contained on this site have been independently evaluated by the FDA. Before following any particular recommendations, protocols, or suggestions presented by Coconuts and Kettlebells, you must consult with your primary care provider, physician, specialist, nurse practitioner, or other applicable medical professional. NO information on this site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances. For additional information, please see the Full Disclaimer.

Limitation and Liability

COCONUTS & KETTLEBELLS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COCONUTS & KETTLEBELLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COCONUTS & KETTLEBELLS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COCONUTS & KETTLEBELLS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Termination or Restriction of Access

Coconuts & Kettlebells reserves the right, in its sole discretion, to terminate your access to any or all of Coconuts & Kettlebells’ websites and the related services or any portion thereof at any time, without notice.

Indemnity

You will indemnify and hold Coconuts & Kettlebells, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks and Copyrights

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Coconuts & Kettlebells or the party that provided the trademarks, services marks, logos, and copyrighted works to Coconuts & Kettlebells. Coconuts & Kettlebells and any party that provided trademarks, service marks, logos, and copyrighted works to Coconuts & Kettlebells retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

Coconuts & Kettlebells® and the Coconuts & Kettlebells logo are registered trademarks. You may use the Coconuts & Kettlebels® trademark to accurately describe or refer to Coconuts & Kettlebells website(s), goods and services. Do not use the Coconuts & Kettlebells®, the Coconuts & Kettlebells® logo or other registered marks trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with Coconuts & Ketttlebells.

The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Coconuts & Kettlebells, LLC and is protected by copyright and other intellectual property or proprietary rights. All contents of Coconuts & Kettlebells’ website(s) are: Copyright © 2013-2016 Coconuts and Kettlebells, LLC [PO Box 25075, Philadelphia, PA 19147]. All rights reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the service provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Coconuts & Kettlebells will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Coconuts & Kettlebells considers insecure, Coconuts & Kettlebells will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Coconuts & Kettlebells reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Coconuts & Kettlebells reserves the right to investigate suspected violations of these Terms of Use.

Coconuts & Kettlebells reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Coconuts & Kettlebells to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS COCONUTS & KETTLEBELLS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COCONUTS & KETTLEBELLS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COCONUTS & KETTLEBELLS OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Virginia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Virginia in connection with any dispute between you and Coconuts & Kettlebells arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Virginia.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Coconuts & Kettlebells as a result of this agreement or use of Coconuts & Kettlebells’ websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Coconuts & Kettlebells with respect to Coconuts & Kettlebells’ websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

Coconuts & Kettlebells may revise these Terms of Use at any time by updating this posting.

Additional Information

Before using any page on this site, please also review the Privacy Policy, Full Disclaimer, Affiliate Disclosure, and Comment Policy.