Terms of Use
Last Updated Date: October 22, 2024
These Terms of Use (“Terms of Use”) govern each person’s or entity’s (“you” or “your”) access to and use of the website of KT Health, LLC (“KT Health” or “we”) located at www.kttape.com, as well as any other related websites of KT Health (collectively, the “Website”) and all related web applications (collectively “Apps”) and in each case where the Website or App links to these Terms of Use. The Website and the Apps shall collectively be referred to herein as the “Platform”. KT Health also makes available a mobile application that is subject to a separate End User License Agreement, to be accepted by the user when downloading the mobile app.
Acceptance
BY CLICKING THE “I ACCEPT” BUTTON OR ANY SIMILAR ATTESTATION WHEN SUCH OPTION IS MADE AVAILABLE TO YOU, OR BY OTHERWISE USING THE PLATFORM, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE EFFECTIVE AS OF THE DATE OF SUCH ACTION. YOU EXPRESSLY ACKNOWLEDGE AND REPRESENT THAT YOU HAVE CAREFULLY REVIEWED THESE TERMS OF USE AND FULLY UNDERSTAND THE RISKS, COSTS AND BENEFITS RELATED TO TRANSACTIONS MADE USING THE PLATFORM. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM.
Changes to Terms of Use
KT Health reserves the right to update and make changes to these Terms of Use at any time, in its sole discretion. Such changes are effective immediately upon being posted to the Platform, unless otherwise specified by KT Health. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. It is your responsibility to refer back to this page from time to time for any such updates or changes, as they are binding. We will indicate that these Terms of Use have been updated by updating the “last updated” date at the top of these Terms of Use. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes.
Platform Access
Subject to your compliance with these Terms of Use, KT Health grants you a limited, personal, non-exclusive, non-transferable and revocable right and license to access and use the Platform and its contents. We shall have sole and complete control over the Platform and reserve the right to withdraw or amend the Platform, and any service or material we provide through the Platform, in our sole discretion without notice. Notwithstanding anything contained in these Terms of Use, we reserve the right, without notice and in our sole discretion, to impose limitations on, suspend, and/or terminate your right to access or use the Platform, in whole or in part, at any time and for any or no reason, and you acknowledge that we will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
Account
You may be required to create an account to access or use certain areas of the Platform or you may elect to create an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security.
Privacy
The Website provides information and services relating to KT Health’s products, including KT Tape, its therapeutic kinesiology tape. KT Health collects and processes personal data in connection with operating the Platform and its business. Please refer to KT Health's Privacy Policy, which informs users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. You understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure and that KT Health cannot ensure or warrant the security of any information transmitted to or from us.
Restrictions on Use of Platform and KT Health Materials
No person or entity is authorized to use or modify our Platform, any of its contents, or our other materials, including text, images, product and service descriptions, articles, videos, software, graphics, and logos (collectively, “KT Health Materials”) without prior written consent from an authorized employee of KT Health. You warrant to KT Health that you will not use KT Health Materials for any purpose that is unlawful, competes with KT Health, or is prohibited by these Terms of Use. You also specifically agree:
- You will not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with anyone else’s use and enjoyment of the Platform, including attacking the Website in a denial-of-service or distributed denial-of-service attack.
- You will not obtain or attempt to obtain any materials or information on or through the Platform through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
- You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor this Website or any of its contents.
- Any data, information or materials that you send to or share with KT Health, including by email, text, phone call, or posting on the Platform, (“User Content”) will not contain any viruses or other malicious code, libelous or unlawful material, or any materials or instructions that may cause harm or injury to KT Health or any person, and will not violate any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Website or other KT Health Materials other than for their authorized purposes. You will use KT Health Materials solely for your own internal business use, unless you’ve obtained the express written permission of KT Health and the copyright owner (if the materials are owned by a third party).
- You will not delete or alter any proprietary rights or attribution notices in any content or KT Health Materials obtained through the Platform.
- You agree that you do not acquire any ownership rights in any KT Health Materials or other content posted on the Website. We do not grant you any licenses, express or implied, to any KT Health Materials except as expressly provided in these Terms of Use or in a binding contract between you and KT Health.
Subscriptions; Auto-Renewals and Cancellations
Certain products and pricing may be based on monthly or annual subscriptions if you select the subscription option when purchasing such respective product or service (“Subscription(s)”). When you purchase a Subscription you will be automatically charged at the amount and frequency identified as part of such Subscription. To cancel a Subscription, please see our order & subscription policy found here and follow the instructions related to cancelling subscriptions. You may also cancel a Subscription by emailing us at support@kttape.com with “Cancellation Request” in the subject line.
Content, Pricing and Accuracy
All features, content, availability, specifications, products and prices of products and services described or depicted on the Platform are subject to change at any time without notice. The inclusion of any products or services on the Platform at a particular time does not imply or warrant that these products or services will be available at any time. We attempt to ensure that information on the Platform is complete, accurate and up-to-date, including available product colors and designs, which are subject to change from time to time. Additionally, the actual colors you see depend on your device set-up, and we cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Platform may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Platform. In the event of a pricing error or discrepancy on the Platform with respect to products or services, we reserve the right to cancel any orders (or partial orders) for such products or services.
Indemnification
You will indemnify, defend and hold harmless KT Health and our affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your improper use of the Platform or KT Health Materials, or your violation of these Terms of Use.
Suspension or Termination of Account or Platform Access
KT Health reserves the right, in our sole discretion, to suspend or terminate your subscription account or your right to use any KT Health Materials, and to terminate or delete any content (including your User Content), and/or to cease providing any products or services at any time, without notice and without any liability to you, for any cause, including without limitation your breach of these Terms of Use, requests by law enforcement or other government agencies, discontinuance or modification of the Platform, or technical problems.
Third Party Linked Sites and Services
Certain services made available through the Platform may be delivered by third party websites that the Platform links to (“Linked Sites”), such as social media, payment processing, and subscription management. The Linked Sites are not operated or controlled by KT Health, and KT Health is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. KT Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KT Health of the site or any association with the owners or operators of the Linked Site.
Your personal data and information may be shared with the third parties who provide services to KT Health and our customers, including Linked Sites (for example, credit card processors), where permitted by law and subject to your consent if required by law or by the Privacy Policy. Please see the Privacy Policy for additional details.
Trademarks
The KT Health name, the terms KT, KT Tape, our KT logo, and all other related names, logos, product and service names, designs, and slogans are trademarks of KT Health or its affiliates or licensors. You must not use such marks without the prior written permission of an authorized employee of KT Health. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
Ownership
All KT Health Materials are the property of KT Health or its business partners. All KT Health Materials are protected by patents, copyrights, trademark law, trade secret law, and/or other laws, treaties and regulations that protect intellectual property and proprietary rights. You agree to comply with all patent, copyright and other proprietary notices, legends or other restrictions applicable to any KT Health Materials.
Your personal data and User Content remain your property, subject to the rights contained in these Terms of Use and the Privacy Policy. Notwithstanding the foregoing, if you provide any suggestions, ideas or other feedback to KT Health relating to our products or services (“Feedback”), you agree that KT Health shall own that Feedback and have the unrestricted right to use such Feedback and incorporate it into KT Health’s products and services.
Disclaimer of Warranties
EXCEPT AS MAY BE OTHERWISE EXPRESSLY AGREED BY KT HEALTH IN A LIMITED WARRANTY DOCUMENT SUPPLIED WITH OUR PRODUCTS (“LIMITED WARRANTY”) OR IN A FORMAL CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL KT HEALTH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND KT HEALTH AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. KT HEALTH DOES NOT WARRANT THAT THE WEBSITE, KT HEALTH MATERIALS OR ITS PRODUCTS OR SERVICES ARE COMPLETE, ACCURATE, OR FREE OF ERRORS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KT HEALTH OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN AGREEMENT SIGNED BY KT HEALTH, IN NO EVENT SHALL KT HEALTH OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLATFORM OR YOUR USE THEREOF, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE PLATFORM OR KT HEALTH MATERIALS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KT HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages in certain situations, so some of these disclaimers or limitations may not apply to you.
Takedown Notices
We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Platform are infringing, please notify us as specified in the “KT Health Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.
International Users
The Website is controlled, operated and administered by KT Health from our office(s) within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws.
General Terms
These Terms of Use are governed by the laws of the State of Utah. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this section.
KT Health’s provision of the Platform and its other products and services is subject to existing laws and legal process, and nothing contained in these Terms of Use limits KT Health’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or your User Content.
If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and KT Health with respect to the Platform and other KT Health Materials. Except for the Privacy Policy and any binding contract between you and KT Health, these Terms of Use supersede all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and KT Health with respect to the Platform and other KT Health Materials.
KT Health’s failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and KT Health will not be deemed to modify any provision of these Terms of Use. Except as otherwise provided herein, these Terms of Use may be modified or amended only by a separate written agreement signed by an authorized official of KT Health.
The headings of the sections contained in these Terms of Use are included for reference purposes only, solely for the user’s convenience, and shall not in any way be deemed to affect the meaning, interpretation or applicability of these Terms of Use or provision hereof. When the context requires, the plural shall include the singular and the singular the plural; and any gender shall include any other gender. All references to “including” or “includes” or any variation thereof shall be deemed to include the terms “without limitation”. The words “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to these Terms of Use as a whole.
KT Health Contact Information
You may send us notices, questions or comments regarding these Terms of Use at the following:
KT Health, LLC
584 East 1100 South Street, Suite 4
American Fork, UT 84003
Email: Support@kttape.com