Last Updated February 1, 2023

Terms & Conditions

Site Terms of Use

The Website is an Internet property of Kill Mode Training Co., Inc. DBA Fitness Passion to Profits (“Kill Mode Training,” “We”, “Us”, Or “Our”). You agree to the following Website Terms of Use in their entirety, when you: (1) access or use the Website; and/or (2) purchase products or services offered on our website (“Online Products”). The Privacy Policy (“Privacy Policy”) and any and all other applicable Kill Mode Training operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website in any manner or form whatsoever.

1. Definitions
The “Kill Mode Training Sites” shall mean all areas and services offered or available on the interactive online service operated by Kill Mode Training and/or its affiliates and dba’s (doing business as) on the World Wide Web. The Kill Mode Training sites consist of information, services and content provided by Kill Mode Training and/or its affiliates and/or third parties.

2. General
Kill Mode Training shall have the right at any time to change or discontinue any aspect or feature of Kill Mode Training including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately without further notice thereof. Amendments to the terms and conditions contained herein may be given by means including but not limited to, posting on the Kill Mode Training Sites a revised version of this Agreement or notification by electronic mail. Any use of the Kill Mode Training Sites after such notice shall conclusively be deemed to be acceptance of such changes, modifications, additions or deletions. The user agrees to review the terms and conditions of this Agreement periodically to be aware of such revisions.

3. Use of the Kill Mode Training Sites.

A. The Kill Mode Training Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Kill Mode Training Sites are copyrighted as a collective work under the United States copyright laws. Kill Mode Training is the owner of the copyright in the entire Kill Mode Training Sites. Kill Mode Training owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Kill Mode Training Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Kill Mode Training Sites without the express permission of Kill Mode Training and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Kill Mode Training Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material.  B. You hereby grant to Kill Mode Training and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to Kill Mode Training (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed. C. You shall provide Kill Mode Training with accurate, complete and updated information provided by you at the time of your purchase. D. The Kill Mode Training Sites contain links to other Web sites, resources and advertisers. Kill Mode Training is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Kill Mode Training be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or web master. E. You agree not to take any action to interfere with the function or accessibility of the Kill Mode Training Site or to take any action to restrict the access of others thereto. F. The foregoing provisions of this Section 3 are for the benefit of Kill Mode Training, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others. G. Kill Mode Training has carefully designed the Kill Mode Training Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Kill Mode Training site in any way that interferes with that purpose. In particular, Kill Mode Training prohibits any party from displaying the content on the Kill Mode Training Sites in any format where third-party advertising or other materials that Kill Mode Training did not authorize in writing is viewed or viewable together with Kill Mode Training’s proprietary content. H. Kill Mode Training is the only authorized seller of Kill Mode Training products. You agree that products purchased on the site are for personal use only and not purchased for resale. If a customer violates this policy, the customer may no longer be permitted to place orders through the Site. Affiliates may lose their affiliate status pursuant to Kill Mode Training 's affiliate partner Terms and Conditions.

4.      Purchases and Online Commerce

o   A. If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.

o   B. In the event that payment is not received by the date due, you will have a three (5) day grace period to make the payment, otherwise, the Program, Product, or Services will not continue and we reserve the right to cease your access immediately and permanently.

o   C. If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

o   D.  All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

o   E. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

o   F. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

o   G. Since we have a clear and explicit No Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

o    H. If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

o          I. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

o           J. You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

5. Disclaimer of Warranty; Limitation of Liability.

• A. YOU EXPRESSLY AGREE THAT USE OF THE KILL MODE TRAINING SITE IS AT YOUR SOLE RISK. NEITHER KILL MODE TRAINING, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT KILL MODE TRAINING WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE KILL MODE TRAINING SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES. B. THE KILL MODE TRAINING SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KILL MODE TRAINING IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. D. IN NO EVENT WILL KILL MODE TRAINING OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE KILL MODE TRAINING SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE KILL MODE TRAINING OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE KILL MODE TRAINING SITE. KILL MODE TRAINING’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO KILL MODE TRAINING. E. KILL MODE TRAINING NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE KILL MODE TRAINING SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL KILL MODE TRAINING BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE KILL MODE TRAINING SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE KILL MODE TRAINING SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT. F. KILL MODE TRAINING DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE KILL MODE TRAINING SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH KILL MODE TRAINING PRODUCTS OR SERVICES) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. KILL MODE TRAINING MAKES PRODUCTS OR SERVICES AVAILABLE ON THE KILL MODE TRAINING SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. G. NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally.  The following provisions in these Terms & Conditions do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms & Conditions limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to  limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright.  Your rights regarding these specific provisions will be governed by New Jersey law.  In the event of any conflict between these Terms and Conditions and New Jersey law, New Jersey law shall govern. 
  
  6. Indemnification
  You agree to defend, indemnify and hold harmless Kill Mode Training, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the Kill Mode Training Sites, including claims by other users of your equipment, access or membership.
  
  7. Termination
  Kill Mode Training shall have the right to immediately terminate this Agreement with respect to any user which Kill Mode Training, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, and 8 shall survive termination of this Agreement.
  
  8. Trademarks
  All trademarks appearing on the Kill Mode Training Sites are the property of their respective owners, including, in some instances, Kill Mode Training, and/or affiliated companies.

Miscellaneous
This Agreement and any operating rules for the Kill Mode Training Sites established by Kill Mode Training constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. Any dispute arising under or relating to this Agreement or any Kill Mode Training Site shall be brought in state or federal courts in Tampa, Hillsborough County, Florida, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You also give full permission to Kill Mode Training to charge other accounts provided on items purchased and not paid for. The section headings used herein are for convenience only and shall not be given any legal import.