Terms & Conditions

KOR Performance Terms of Service

Last updated May 8, 2019

GENERAL TERMS.

By using the KOR Performance, LLC (“KOR Performance”, “we”, “us” or “our”) website (korperformance.com) or any other websites, products, services and/or mobile applications owned or operating by KOR Performance (collectively referred to herein as the “Website”), you are agreeing to these Terms of Use (“Terms”) and the KOR Performance Privacy and Security Policy (“Privacy Policy”) which we may update or amend from time to time as set forth herein.

Any update or amendment to these Terms shall be effective if notice is provided to you. You agree that posting any such changes on the Website and/or sending any such changes to you via email constitutes reasonable and sufficient notice. Any such amendment will be effective as of the date specified by KOR Performance. Your continued use of the Website (including any updates or other versions thereof) after we provide notice of any changes to these Terms constitutes your agreement to those changes. If you do not agree to these Terms (or any updates to or modified versions thereof), you should discontinue use of the Website immediately.

All references to “KOR Performance”, “we”, “us” or “our” shall include any entity or person directly or indirectly owning a controlling interest in, owned by, or under common ownership control with KOR Performance, LLC (each an “Affiliate”).

You agree that these Terms are the legal equivalent of a written contract signed by you and constitutes a legally binding agreement between KOR Performance and you, as a user of the Website, and that you have read these and understand these Terms and accept and will be bound by them.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR SERVICES CAREFULLY

Accepting the Terms

Before using accessing the Website, you must read this Agreement and indicate your acceptance during the registration process. You may not use any of the Website and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with KOR Performance.

Scope of Agreement

By accessing and/or using the Website, you agree to these Terms. These Terms apply to any use of the Website including (1) when you register a user account; (2) when you sign up for, participate in or otherwise receive any product or services provided through the Website (collectively the “Services”); and (3) when you use the Website as a guest.

Privacy and your Personal Information

You can view KOR Performance’s Privacy Policy here and on the Website. By using the Website, you also agree to be bound by the Privacy Policy and any changes thereto. You agree that KOR Performance may use and maintain your data according to the Privacy Policy. You give KOR Performance permission to combine information you enter or upload in connection with the Website with that of other users of the Website and/or other KOR Performance services. For example, this means that KOR Performance may use your and other users’ non-identifiable, aggregated data to improve the Website or to design promotions. KOR Performance may access or store personal information in multiple countries, including countries outside of your own country, to the extent permitted by applicable law.

Use of Website. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of shopping for items for personal use that are sold on the Website and not for purposes of resale or any other commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement may result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates this Agreement, applicable law or is harmful to our interests. You agree not to upload, distribute, or publish any content or material through this Website that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, or other harmful code or properties. Submissions or opinions expressed on this Website are that of the individual expressing such submission or opinion and may not reflect our opinions. We may assign you a password and account identification to enable you to access and use certain portions of this Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Website. You will be responsible for all access to and use of this Website by anyone using your password and login name, including all communications and obligations incurred, whether or not such access was actually approved by you. You are responsible for protecting the security and confidentiality of the password and identification assigned to you. Please notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security.

Your access and use of the Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Website or other actions that KOR Performance, in its sole discretion, may elect to take. KOR Performance shall not be liable to any party or any user for any loss, cost, or damage that results from any scheduled or unscheduled downtime, regardless of the cause. At our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including but not limited to (1) restricting the time the Website is available; (2) restricting the amount of use permitted; (3) restricting or terminating any user’s right to use the Website.

We have the right to refuse or cancel orders or memberships if a product or information is listed on the Website with a typographical error that incorrectly identifies the true price or service conditions of a product or service. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is canceled, we will issue a credit to your payment account in the amount of the charge and you agree that a credit is your sole remedy.

Registration Information, Security, and Electronic Communications

You must register for an account with us use the Website using your true identity (your “User Account”). As part of such registration we may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments and accounts or verifying information you provide against third party databases or through other sources. If you do not provide this information or KOR Performance cannot verify your identity, we can refuse to allow you to use the Website.

You agree that you will not share your login information, password, or other account information with anyone else. You understand and agree to take all necessary steps to protect your User Account information as detailed in this Agreement. We will never ask for your password. You are solely responsible for all acts and omissions made using your login information and password. You agree that we carry no liability for losses or problems that may arise due to your sharing this private information with other people, businesses, or entities. You must notify us immediately in the event of any known or suspected unauthorized use of your User Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or User Account Information (as defined below). 

By providing us with your e-mail address, you consent to receive all required notices and information electronically. Electronic communications may be posted on the Website and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our Website, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.

You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.

If you become aware of any unauthorized use of your Registration or Account Information for the Website, you agree to notify KOR Performance immediately via email to welcome@korperformance.com.

User Responsibilities

For purposes of your use of the Website (including registration, identification and billing) you agree to provide true, accurate and complete information as required by the sign-up process to our Website, including without limitation your legal name, address, telephone number, email address and applicable billing information (collectively “User Account Information”). You expressly allow us to share you User Account Information with third parties for the purpose of verifying the information you provide and charging your account. Your User Account Information is considered Personal Information and shall be treated as such pursuant to our Privacy Policy.

You will maintain and promptly update your User Account Information to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or we have grounds to suspect that information you provided is untrue, inaccurate, or incomplete (in our sole discretion), we reserve the right to suspend or terminate your User Account and refuse any and all current or future use by you of our Website. You also agree not to register for more than one username, create an account on behalf of someone else, or create a false or misleading identify on the Website. If you User Account is revoked for any reason you will not register with our Website using another username or through any other means, and we reserve the right to terminate any account of any user who we have reason to believe was previously terminated without notice, and to exercise any other rights or remedies available to us at law or in equity.

Mobile Services

Services may be available via mobile devices, including (a) the ability to upload content to the Website via mobile device; (b) the ability to browse the Website from a mobile device; or (c) the ability to access certain features through an application downloaded and installed on a mobile device. To the extent you utilize a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. Additionally, downloading, installing, or using the Website may be prohibited or restricted by your carrier, and not all carriers or devices may support the Website. By using a mobile device, you agree that we may communicate with you via SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of your mobile device may be communicated to us. We will comply with any requirements under applicable laws and regulations before communicating with you in this manner. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person who acquires your old number.

Third-Party Payment Processing

We accept credit/debit card payments only. You agree to pay all fees charged to your account based on the charges and billing term in effect as shown on the payment page on the Website. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase and you authorize KOR Performance or the third-party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card, PayPal, Apple Pay, Venmo, or other valid form of payment accepted by KOR Performance (“Payment Method”) in advance prior to shipping any products. You can update your Payment Method information at on the Website by logging in to your account. We may also update your Payment Method information using information provided by the card networks or other payment service providers. For example, if your card number changes as a result of expiration or a lost or stolen card, we may continue to charge any replacement card number associated with your payment account. Following any update, you authorize us to continue to charge the applicable payment account(s). You remain responsible for any uncollected amounts. If your Payment Method cannot be charged for any reason, KOR Performance  reserves the right to attempt to charge your preferred Payment Method again, charge any other valid Payment Method associated with your account, suspend further product shipments until you provide a valid Payment Method, cancel any affected shipments, or terminate your Membership. All sales and payments will be in US Dollars.

Alerts

KOR Performance may from time to time provide voluntary or automatic Alerts and voluntary account-related Alerts (“Alerts”). Automatic Alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

Voluntary Alerts may be turned on by default as part of the Website. They may then be customized, deactivated, or reactivated by you. These Alerts allow you to choose Alert messages for your accounts. KOR Performance may add new Alerts from time to time, or cease to provide certain Alerts at any time, in its sole discretion. Each Alert has different options available, and you may be asked to select from among these options upon activation of your Alerts service.

You understand and agree that any Alerts provided to you through the Website may be delayed or prevented by a variety of factors. KOR Performance may make commercially reasonable efforts to provide Alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any Alert. KOR Performance shall not be liable for any delays, failure to deliver, or misdirected delivery of any Alert; for any errors in the content of an Alert; or for any actions taken or not taken by you or any third party in reliance on an Alert.

Electronic Alerts will be sent to the email address you have provided as your primary email address for the Website. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have Alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your Alerts.

Because Alerts are not encrypted, we will never include your private or personal banking information or your password or passcode. However, Alerts may include your Login ID and some information about your accounts. Depending upon which Alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these Alerts. At any time, you may disable featured Alerts.

KOR Performance’s Intellectual Property Rights

The contents of the Website, including its functionality and its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs), coding and any other materials provided by us to you are protected under both United States and other applicable copyright, trademark, and other laws. The contents of the Website belong to or are licensed to KOR Performance or its software or content suppliers. KOR Performance grants you the right to view and use the Website subject to these terms. You may download or print a copy of information related to or generated by the Website for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Website in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Website or the Website or content in a manner that violates any applicable law, regulation or this Agreement.

Your Intellectual Property Rights

In order to allow us to provide the Website, we must obtain certain license and other rights to content and information that you provide to us. This is necessary so that we can process, maintain, store, reproduce, back-up, distribute, or otherwise handle content which is uploaded or submitted by you. By using the Website and agreeing to these Terms, except as otherwise provided elsewhere in this Agreement or on the Website, you agree that we have the right to use anything that you submit or post to the Website and/or provide us, including without limitation, ideas, questions, reviews, comments, and suggestions (collectively, "Submissions"). You hereby grant us the royalty-free, worldwide, perpetual, irrevocable, sublicenseable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble, or create derivative works from such Submissions by any means and in any form. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also hereby grant us the right to use the name that you submit with any review, comment, or other content in connection with such review, comment, or content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Website and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You agree not to use a false email address, pretend to be someone other than yourself, or mislead us or any third parties regarding the origin of any Submissions or content. We have the right to remove or edit any Submissions for any reason.

User Conduct and Content

You are solely responsible for all descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, display, or otherwise make available (hereinafter “upload”) to us. The following are examples of content and/or use that is prohibited by KOR Performance. This is not an exclusive or exhaustive list, however, and we reserve the right to investigate anyone by engaging public or private organizations, including but not limited to collection agents, private investigators, and local, state, federal, or other applicable agencies, and to take any action against anyone who, in our sole discretion, violates any of the terms or the spirit of this Agreement. These actions include but are not limited to suspending or terminating the account of violators and reporting you to law enforcement authorities or otherwise taking any other appropriate legal action. Without limiting the foregoing, you agree to NOT use the Website to:

1. Engage in any activity that violates any law or governmental rule or regulation or which is otherwise illegal under the laws of any state, federal, or local government or agency;
2. Transmit or otherwise upload any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationship; (c) contains any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes or is intended to interfere with the proper working of the Website; (d) poses or creates a privacy or security risk to any person; or (e) in the sole judgment of KOR Performance is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us or our users to any harm or liability of any type; or
3. Use any robot, spider, scraper, deep-link or other similar automated data gathering or extraction tools, program, algorithm, or other mechanism or methodology to access, acquire, copy, or monitor the Website or information collected by KOR Performance or any portion of the Website, without KOR Performance’s express written consent, which may be withheld in KOR Performance’s sole discretion; or
4. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services or generally available third-party web browsers (such as Microsoft Explorer); or
5. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up any part of the Website; or
6. Attempt to gain an unauthorized access to any portion of the Website or any unauthorized information.

Third-Party Content

Under no circumstances will KOR Performance be liable in any way for any content or materials of any third parties (including users,) including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that we and our designees will have the right, but not the obligation, in our sole discretion to refuse or remove any content for any reason that is uploaded to the Website.

Disclaimer of Representations and Warranties

THE WEBSITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. KOR PERFORMANCE, ITS SUBSIDIARIES, ASSOCIATES, AND AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

NEITHER KOR PERFORMANCE NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE. NEITHER KOR PERFORMANCE OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS OF THIS PROVISION OR FOUND ELSEWHERE IN THIS AGREEMENT MAY NOT APPLY TO YOU. IF YOU ARE

Limitations on KOR Performance’s Liability

TO THE FULLEST EXTENT OF THE LAW, YOU AGREE THAT KOR PERFORMANCE, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. THE CUMULATIVE LIABILITY OF KOR PERFORMANCE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, OR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO KOR PERFORMANCE BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXTEND TO CLAIMS FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE BY USERS WHO RESIDE IN THE STATE OF NEW JERSEY OR TO CLAIMS BY NEW JERSEY RESIDENTS FOR ANY DAMAGES CAUSED BY KOR PERFORMANCE FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION, OMISSION OF ANY MATERIAL FACT OR INTENTIONAL OR RECKLESS MISCONDUCT.

Your Indemnification of KOR Performance

You agree to defend, indemnify and hold harmless KOR Performance and its officers, directors, members, owners, affiliates and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or in any way relate to your use of the Website or any breach of this Agreement, including but not limited to reasonable costs and attorney’s fees.

External Links 

This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

Governing Law; Venue; Alternative Dispute Resolution Agreement (“ADR Agreement”)

The terms of this paragraph shall constitute the ADR Agreement. All matters relating to your access or use of the Website, specifically including all disputes, will be governed by the laws of the United States and the State of Minnesota, without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Hennepin County, Minnesota, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of the purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between KOR Performance and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed one hundred eighty (180) days), then either party may submit such controversy or dispute to mediation venued in Hennepin County, Minnesota. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under Minnesota law. To the extent the parties are permitted under this ADR Agreement to initiate litigation in a court, both you and KOR Performance agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in either a small claims court of competent jurisdiction or the state or federal courts located in Hennepin County, Minnesota.

Waiver of Jury Trial. YOU AND KOR PERFORMANCE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and KOR Performance are electing that all claims and disputes shall be first referred to mediation in Hennepin County pursuant to this ADR Agreement, except as specified herein.

 

Waiver of Class or Consolidated Actions. YOU AND KOR PERFORMANCE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ADR AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ADR AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth herein.

 

30-Day Right to Opt Out. You have the right to opt out of the provisions of this ADR Agreement by sending written notice of your decision to opt out to the following address: KOR Performance, Attn: Legal Department, 5021 Vernon Avenue, #120, Minneapolis, MN, 55346, within 30 days after first becoming subject to this ADR Agreement. Your notice must include your name and address, your KOR Performance  username (if any), the email address you used to set up your KOR Performance  account (if you have one), and an unequivocal statement that you want to opt out of this ADR Agreement. If you opt out of this ADR Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this ADR Agreement has no effect on any other ADR Agreements that you may currently have, or may enter in the future, with us.

 

Severability. If any part or parts of this ADR Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the ADR Agreement shall continue in full force and effect.

 

Survival of Agreement. This ADR Agreement will survive the termination of your relationship with KOR Performance.

 

Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if KOR Performance makes any future material change to this ADR Agreement, it will not apply to any individual claim(s) that you had already provided notice of to KOR Performance.

User Disputes

You understand and acknowledge that you are solely responsible for your interactions with any other user in connection with the services KOR Performance will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Website.

General

These Terms of Service and the other agreements referenced herein constitute the entire agreement between you and KOR Performance and govern your use of the Website, superseding any prior agreements between you and us with respect to the Website. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be, or are otherwise, invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. Notices to you may be made via email or regular mail, and these Terms of Service may be amended or updated by us at any time, for any reason, with or without notice to you.