Terms of Service
This is an Agreement between you and High Performance Living LLC that describes the Terms of Service (“Terms”) with respect to your access to and use of content, reports, documents, products, and online services (referred to collectively as the “Services”) we make available through www.kyevans.com, www.kyevans.us and www.therealkyevans.com (“Site”). Please take the time to read the Agreement carefully as it governs your use of the Site and Services.
All of the terms of the Agreement apply without modification by you and together constitute legally binding terms between you and High Performance Living. By using or accessing the Site and/or Services, or by agreeing to the Terms where the option is made available to you, you understand and agree to abide by these Terms of Service whether on your own behalf or on behalf of the company, business or organization you represent. If you do not agree, you may not use or access the Sites and Services.
From time to time, High Performance Living may revise, amend or otherwise change these Terms without prior notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically for changes. You agree that your use of the Services after the effective date of such change will constitute your consent to the revised, amended, or otherwise changed Terms. If you do not agree to the changes, you must stop using the Services.
Your Use of The Services
High Performance Living provides you with a limited, non-exclusive, non-transferable, personal and non-sub-licensable license to use the Site. Accordingly, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must not obscure, alter, remove or delete any copyright or other proprietary notices contained in the Services. You will not copy, modify, adapt, translate or otherwise create derivative works of any of the Services obtained from the Site. You warrant that you will not attempt or assist others to attempt or actually reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You agree to comply with all applicable laws and regulations in your use of and access to the Site, Services, and Software.
Provision Of The Services
You understand and agree that High Performance Living may modify, terminate, suspend, or otherwise adjust any and all aspects of the Services at any time without prior notice to you. You acknowledge and agree that if High Performance Living disables access to your account for non-payment or other material breach of the Terms, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Accounts, Passwords and Security
As part of the registration process, you are required to create a High Performance Living account (“Account”) and provide certain information including, but not limited to, your name, the business name, address, phone number, credit card, and email address. You agree that any registration information you give to our site will always be accurate, correct and up to date. You are responsible for creating a secure password and protecting the Account from unauthorized access. You will be held responsible for any activity that occurs under your Account. You are solely responsible for any and all activity that occurs on or through your Account. You agree to notify High Performance Living immediately of any unauthorized use of your Account or password or any other breach of security. High Performance Living may access your Account from time to time to provide you assistance with technical or billing issues or in order to maintain or improve the Services.
Certain features of the Site or the Services are associated with charges or fees. All charges and fees are listed in U.S. Dollars unless expressly identified otherwise. You agree to pay any applicable charges and fees associated with your use of the Services. To access the parts of the Services that are associated with charges and fees, you must provide requested details and follow applicable billing procedures. By providing a payment method, you represent that you are authorized to use the payment method you provided and that the information provided by you is true and accurate. High Performance Living accounts are billed in advance.
You may use the data/content collected and displayed from your use of the Service solely for informational purposes. You understand and acknowledge that such data/content may not be exhaustive, and the analysis of the data/content is based on what third-party data sources provide to High Performance Living. The data/content is based on publicly available data/content and High Performance Living does not verify the accuracy of data/content provided by such third parties. Any use of the data/content except as specifically described herein is strictly prohibited. In addition, the data/content collected and displayed may require access to third party sites and such third parties may prevent High Performance Living from generating such data/content. Furthermore, government regulations and/or compliance with applicable laws may prevent High Performance Living from using certain data/content or providing it to you. You agree that you shall evaluate and bear all risks associated with the Services, including any reliance on the accuracy, completeness, or integrity of such Services. By using the Site and Services, you represent and warrant that you have such knowledge and experience in financial and business matters that you are capable of evaluating the merits and risks of the information made available in the Site and Services, and make effective use of the Services provided by High Performance Living. You acknowledge that the Services are made available to you without any warranties of any kind. By using the Services you understand and agree that your use of the Services is at your sole discretion and risk. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that High Performance Living is not responsible for the availability of, or the materials located on or through, any External Sites. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that High Performance Living shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
You must not create multiple accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of these Terms of Service is cause for permanent suspension of all accounts.
Cancellation Or Termination
You may cancel the Services at any time, with or without cause. You understand and accept that by canceling the Services: i) you may be obligated to pay all charges made to your billing account up to the time of cancellation; ii) you may lose access to and use of your Account and any Services and Services credits contained therein. You acknowledge and agree that High Performance Living may terminate your Account for cause with or without prior notice to you. Cause for termination includes but is not limited to infringement or violation of the Terms, partial or complete discontinuance of the Services and/or Site, extended periods of inactivity on your Account, request to do so by law, and non-payment of fees or charges owed by you to High Performance Living. Cancellation or termination of your Account will result in immediate cessation of access to the Services, and deletion of your Account and all Services contained therein. All terminations are at the sole discretion High Performance Living, and you agree that High Performance Living shall not be liable to you or any third party as a result of Account termination.
You acknowledge and agree that the Site and Services are the exclusive property of High Performance Living and except as may be otherwise provided herein, High Performance Living does not grant any express or implied right in them to you. You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site. High Performance Living owns the copyright for the Site as a compilation, and all Services accessible from the Site. All content included on the Website, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of High Performance Living or its content suppliers and protected by international copyright laws. Any third party marks displayed on the Site and/or Services are the property of their respective owners. You further acknowledge that the Services may contain information which is designated confidential and that you shall not disclose such information without High Performance Living’s prior written consent.
High Performance Living
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