Terms & Conditions of Service
NKO CLUB WELLNESS INC.
Last Updated On: October 1, 2025
Welcome to NKO Club™, where we choose to stay Never Knocked Out™. Please read the Terms & Conditions of Service carefully, this is a legal document. These Terms & Conditions of Service govern your subscriptions and purchases.
NKO Club Wellness, Inc. (“NKO Club™,“Never Knocked Out Club” “NKO”,”Never Knocked Out™”, “we,” “us,” or “our”) Terms and Conditions of Service (“Agreement” or “Terms”) is between you and NKO Club™. The Agreement governs your access and use of NKO Club™ website (https://www.nkoclub.com) (“Website”,“Site”), the NKO Club™ mobile application (“NKO Club™ App”, “App”, “Platform”) which allows you to purchase and subscribe to fitness and wellness video content and programs, purchase products, or services from NKO Club’s websites and applications (“Services” or “Subscriptions” or “Membership”, and “Products”), all of which are part of NKO Club™.
General Terms of Use & Restrictions of Use:
Subject to these Terms, NKO Club™ grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable personal or business to access and use the NKO Club™ App solely for your individual use and benefit, and for no other purpose. This license is granted strictly for lawful use and excludes any commercial exploitation, resale, redistribution, reverse engineering, data mining, or any other unauthorized use of the NKO Club™ App, its content, or services. You acknowledge and agree that no ownership rights are transferred to you by virtue of this license and that all rights not expressly granted herein are reserved by NKO Club™.
NKO Club™ may suspend, restrict, or revoke this license at any time, with or without notice, in its sole discretion. NKO Club™ may remove, change, or alter any aspect of the NKO Club™ App at any time without prior notice and its sole discretion.
Acceptance:
NKO Club™ reserves the rights to update this Terms & Conditions of Service Agreement on our Site. By continuing to use the Site and or App, you accept any revision(s) made to the Agreement. You may terminate the Agreement at any time by deleting your Account.
By using, accessing, or downloading the NKO Club™ App, you ("user," "you" or "your"):
Acknowledge that you have read, understand, and agree to these terms.
Represent that you are 16 years of age or older.
Accept this Agreement and agree that you are legally bound by its Terms. If you do not agree to these Terms, you may not use or access the NKO Club™ App.
Account
Registration:
You may browse the NKO Club™ Website without creating an Account; however, accessing App content and Services of the NKO Club™ App requires that you register for an Account (an “Account”). By creating an Account, you agree to be bound by this Agreement and represent and warrant that all information you provide during the registration process is truthful, accurate, current, and complete. You further agree to promptly update such information as necessary to ensure its continued accuracy.
To create an Account, you may be required to provide certain personal information, including but not limited to your first name, last name, phone number, email address, and a secure password, or you may register by using valid third-party login credentials (Apple, Facebook, Google). You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. NKO Club™ reserves the right, in its sole discretion, to refuse, suspend, or terminate any Account at any time.
Upon successful registration of an Account, you may, at the sole discretion of NKO Club™, be granted a one-time complimentary trial period of seven (7) consecutive days (the “Free Trial” or “Free Trial Period”) to access Services of the NKO Club™ app. The Free-Trial Period is offered at the sole discretion of NKO Club™ and may be modified, suspended, or discontinued at any time without notice or liability. Please see Section 4: Subscription/Membership for complete details of: Free-Trial, Discount(s), Membership Term Options, Automatic Renewal, Decline Automatic Renewal, Website Purchases, In-App Purchases.
Age Requirements:
Use of the NKO Club™ app is limited to individuals who are at least sixteen (16) years of age. You may not create or maintain an Account if you are under the age of sixteen (16). By registering for an Account, you represent and warrant that you are (a) at least sixteen (16) years of age; and (b) if you are under the age of majority in your jurisdiction, you have obtained the valid consent of a parent or legal guardian to create an Account and use the NKO Club™ App.
By permitting your child to access or use the NKO Club™ App through your Account, you acknowledge and agree that you are solely responsible for supervising, monitoring, and controlling your child’s use of the app. You further accept full responsibility for all activity that occurs under your Account, regardless of whether such activity was authorized by you. If you become aware, or have reason to believe, that your child is using your Account without your consent, you must notify us at support@nkoclub.com so that we may take appropriate measures, which may include suspending or disabling access to the Account; please include “Account - Age Requirement” in the Subject line of your email.
Account Security:
You are solely responsible for maintaining the security and confidentiality of your Account credentials and for all activity that occurs under your Account, whether authorized by you or not. You agree to safeguard your login information at all times and to take reasonable steps to prevent unauthorized access, including logging out after each session when using a shared or publicly accessible device. If you know of, or suspect, any unauthorized access to or use of your Account, you must immediately change your password and contact us without delay at support@nkoclub.com so that we may take appropriate action; please include “Account Security" in the Subject line of your email.
Subscription / Membership:
Free-Trial:
The typical Free Trial period for the App is seven (7) consecutive days, unless otherwise specified at the time of Creating an Account. When signing-up for the Free Trial, you will be required to provide valid and up-to-date payment information, and by doing so, you authorize NKO Club™ to automatically begin billing your chosen payment method at the applicable subscription rate once the Free Trial ends, unless you cancel prior to the conclusion of the Free Trial period, and you will be charged the applicable monthly, annual, or other subscription fee amount as specified at the time of enrollment.
Discount(s):
If NKO Club™ provides a discount for the initial subscription term, you are responsible for payment of the discounted fee for that period. Unless otherwise expressly stated, all subsequent renewals will be billed at the then-current full subscription rate in effect at the time of renewal. NKO Club™ reserves the right to modify, suspend, or discontinue any Free Trial or Promotional Offer at any time, without notice and without liability.
Membership Options: NKO Club™ offers different Membership plans, each with distinct payment terms and offerings. When signing-up for a Membership Plan, you will select the plan that best suits your needs. NKO Club™ reserves the right to increase or decrease Membership subscription fees for any plan at any time in its sole discretion and will provide notice of such changes via the email address associated with your Account. ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
Monthly: If you choose a Monthly Membership, your designated payment method will be charged the applicable monthly subscription fee at the start of your billing cycle and automatically every month thereafter, unless and until you cancel.
Annual: If you choose an Annual Membership, your designated payment method will be charged the applicable annual subscription fee in full at the time of enrollment and automatically every twelve (12) months thereafter, unless and until you cancel.
Automatic Renewal:
To the extent permitted by applicable law, all subscriptions will automatically renew for the subscription period until you cancel at least twenty-four (24) hours before the end of the current billing period. Your designated payment method will be charged at the start of each subscription period. If NKO Club™ offers a Free Trial, your payment method will be charged at the applicable subscription rate immediately upon the expiration of the Free Trial, unless you cancel prior to the end of the Free-Trial Period. No refunds or credits will be provided for partial subscription periods, except where required by applicable law.
Decline Automatic Renewal:
To pause or cancel your subscription, you must do so through your Account settings. Any changes will take effect at the start of your next billing cycle and will not retroactively apply to the current subscription period.
If you cancel before the end of the current Membership Period, your Membership will remain active, and you will continue to have access to Membership services and features until the expiration of that Period.
Price Increase or Decrease:
NKO Club™ reserves the right to increase or decrease subscription fees for any plan at any time in its sole discretion and will provide notice of such changes via the email address associated with your Account. Any revised subscription fee will become effective with your next billing cycle and will automatically apply to all members subscribed to the affected plan. If a price change is announced, you will have the following options:
Accept The New Price – Continue your subscription, and the updated rate will be automatically applied on your next billing date.
Change Your Plan – Switch to an alternative plan, if available, which may be done at any time. Any change will take effect at the start of your next billing cycle.
Cancel Your Subscription – If you do not wish to continue under the new pricing, you may cancel your subscription at any time prior to your next billing date.
Payment Processor - Third Party Services
By using the NKO Club™ App you agree to pay us, through our Payment Processor, Stripe. Payment processing is governed by the terms, conditions, and privacy policy of Stripe.
Website Purchases & In-App Purchases:
Memberships and other paid services may be purchased either directly through the NKO Club™ website or through third-party platforms such as the Apple App Store or Google Play Store (collectively, “App Stores”).
Website Purchases: If you purchase a Membership through the NKO Club™ website, payments are processed by our third-party payment processor, Stripe. Such purchases are governed by these Terms, including our policies on billing, renewals, cancellations, and refunds. You may cancel your subscription at any time by navigating to your profile page within your User Account and following the cancellation prompts. Following cancellation, you will continue to have access to the subscription services through the end of the period already paid for. No refunds or credits will be issued for any unused portion of the subscription term.
In-App Purchases: If you purchase a Membership through an App Store, your payment will be processed by the App Store provider (e.g., Apple or Google), and the transaction is subject to the terms, conditions, and privacy policies of that provider. NKO Club™ does not control and is not responsible for App Store billing, payment processing, or refund decisions. You must direct any billing questions, refund requests, or disputes regarding In-App Purchases to the applicable App Store provider.
Music - Third Party Services:
Feed.fm:
Feed.fm is integrated in the NKO Club™ App, the music playlists are curated by the The NKO Club™ Team. There is no additional fee or purchase necessary to use the The NKO Club™ Playlist that are powered by Feed.fm There is no affiliation, connection, association or endorsement of the products, goods or services displayed on this page by the copyright owners, featured recording artists and authors of the sound recordings (and the musical works embodied therein) transmitted through the Feed.fm player.
Spotify & Apple Music:
The NKO Club™ App allows you to access or integrate with the third-party music services, Apple Music and Spotify (“Music Services”). Your use of any Music Services through the NKO Club™ App is subject to the separate terms, conditions, and privacy policies of the applicable Music Service provider. NKO Club™ does not control, endorse, or assume any responsibility for Music Services, including the availability, accuracy, functionality, or content provided therein.
You are solely responsible for maintaining an active account with any Music Service you choose to access through the NKO Club™ App and for complying with that provider’s applicable terms and conditions. NKO Club™ makes no representations or warranties with respect to Music Services and shall not be liable for any loss, interruption, or damage arising from or related to your use of such services. All intellectual property rights in and to the content provided by Music Services are the property of their respective owners.
Privacy Policy:
At NKO Club Wellness, Inc. (NKO Club™), your trust as a Member is our hardest-earned victory. Protecting you isn’t just policy, it’s principle. Please review the NKO Club™ Privacy Policy, on our Website, to learn the collection, use, and disclosure of personal information.
By creating an Account, you acknowledge and agree that NKO Club™ will have access to certain account information and account activities, including but not limited to your use of the Services, purchase history, and contact information. NKO Club™ is not responsible for the collection, use, or disclosure of your data by third parties, including but not limited to Apple, Google, Stripe, Shopify, Vimeo, or other third-party service providers integrated with the NKO Club™ App.
If you provide your mobile number, you consent to receive recurring automated marketing text messages from NKO Club™. Message frequency may vary, and standard message and data rates may apply. You may opt out at any time by replying STOP.
After reviewing this Privacy Policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at support@nkoclub.com.
Intellectual Property, User License, Contributed Content Rights:
NKO Club™ Ownership of App & Content
NKO Club™ owns all content, videos, patents, trademarks, service marks, logos, trade names, domain names, copyrights, moral rights, design rights, database rights, trade secrets, know-how, inventions (whether patentable or not), and all other intellectual property or proprietary rights - whether registered, unregistered, or pending - together with any applications for such rights anywhere in the world (collectively, “Intellectual Property Rights”) in and to the NKO Club™ platform, and in all content, materials, and features made available through it (excluding Contributed Content), are the exclusive property of NKO Club™, its affiliates, licensors, or other authorized content providers, and are protected by applicable laws.
You are strictly prohibited from engaging in any activity on or through the App – including the posting, transmission, or use of Contributed Content – that infringes, misappropriates, or otherwise violates the Intellectual Property Rights of NKO Club™, its licensors, or any third party. Any unauthorized use of such rights is expressly forbidden and may result in civil, criminal, or administrative liability under applicable law.
User License To Use App
You are not granted any right, title, or interest in or to any of NKO Club’s Intellectual Property Rights except as expressly set forth in these Terms. Subject to your continued compliance with these Terms, NKO Club™ grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform and its content solely for your own personal, non-commercial use.
You expressly agree that:
(a) Restrictions on Use: You may not copy, reproduce, republish, upload, post, modify, transmit, distribute, publicly display, publicly perform, or otherwise exploit the Platform, its services, or its content (in whole or in part) for any public, commercial, or non-personal purpose without the prior written consent of NKO Club™.
(b) Proprietary Notices: You may not remove, obscure, or modify any copyright, trademark, or other proprietary notices or legends appearing on or within the Platform.
(c) Automated Access: You may not use any data mining, scraping, robots, or other automated means, methods, or technologies to access, extract, harvest, or otherwise collect data from the Platform without NKO Club’s prior written consent.
NKO Club™ reserves the right, in its sole discretion, to monitor your use of the Platform and to suspend, revoke, or terminate your license or access at any time, without notice, if you fail to comply with these Terms or if your use is deemed harmful to the Platform, other Members, or NKO Club™. Your license shall automatically terminate upon the closure, suspension, or termination of your User Account.
Contributed Content Rights
By posting, uploading, “sharing” to social media platforms or otherwise providing any content, materials, or information to or through the Platform (“Contributed Content”), you hereby grant NKO Club Wellness, Inc. (“NKO Club™”) a non-exclusive, royalty-free, fully transferable, sub-licensable, irrevocable, license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise make available such Contributed Content, in whole or in part, in any media or format now known or later developed—including, without limitation, across NKO Club™’s official social media channels, marketing campaigns, promotional initiatives, and commercial partnerships.
You expressly acknowledge and agree that NKO Club™ may repost, upload, share, or otherwise redistribute your Contributed Content (including your name, username, or other identifying information associated with such Contributed Content) on third-party platforms such as Instagram, TikTok, YouTube, Facebook, X (Twitter), or similar social media services for promotional, marketing, content, and community engagement purposes, without further notice, approval, or compensation.
To the maximum extent permitted by law, you waive—and where waiver is not legally permissible, you irrevocably agree not to assert – any and all moral rights or similar rights you may have anywhere in the world in respect of the Contributed Content.
You represent, warrant, and covenant that: You are the sole owner of, or otherwise hold all necessary licenses, rights, consents, and permissions to use and to authorize NKO Club™ to use, the Contributed Content in accordance with these Terms.
Limitations of Liability, Disclaimer, Indemnity:
Limitations of Liability
To the fullest extent permitted by applicable law, NKO Club Wellness, Inc. (“NKO Club™”), together with its parent, subsidiaries, affiliates, and their respective directors, officers, employees, representatives, consultants, agents, service providers, suppliers, licensors, and partners (collectively, the “Released Parties”), shall not be liable for:
(a) Any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, goodwill, business opportunities, data, use, or other intangible losses;
(b) any damages, liabilities, or losses arising out of or relating to any dispute between you and any third party; or
(c) any damages in excess of the greater of one hundred U.S. dollars (USD $100) or the total amount you paid to NKO Club™ for access to the Platform or Services in the twelve (12) months preceding the filing of your claim.
These limitations of liability apply to all causes of action and legal theories, whether based in contract, warranty, tort (including negligence), strict liability, statutory violation, or any other legal theory, even if NKO Club™ has been advised of the possibility of such damages, and even if any limited remedy provided herein is found to have failed of its essential purpose.
Because some jurisdictions do not allow the exclusion or limitation of certain warranties, conditions, or liabilities, the above exclusions and limitations may not apply to you. In such jurisdictions, the liability of NKO Club™ and the Released Parties shall be limited to the maximum extent permitted by law.
Disclaimer
To the fullest extent permitted by applicable law, the NKO Club™ Platform and all products, services, content, and other items provided by or on behalf of NKO Club Wellness, Inc. are provided on an “as is” and “as available” basis. NKO Club™ expressly disclaims, and you hereby waive, any and all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or warranties that may arise from course of dealing, course of performance, or usage of trade.
NKO Club™ does not represent or warrant that the Platform or its content will be accurate, complete, reliable, current, uninterrupted, error-free, secure, or free from viruses, malware, or other harmful components, and NKO Club™ and its Associated Parties shall not be responsible or liable for any loss, injury, or damage of any kind, whether direct, indirect, incidental, consequential, or otherwise, arising out of or related to your use of, or inability to use, the Platform, its features, or any content, products, or services accessed through it.
Any features, content, or services that promote physical activity, recipes, breathwork, or general wellness are provided solely for informational and educational purposes and are not intended to constitute or substitute for professional medical advice, diagnosis, or treatment. Before beginning any fitness program, engaging in any exercise routine, or making changes to your diet, nutrition, or lifestyle, you should consult with your physician or another qualified healthcare provider. You should never disregard, avoid, or delay obtaining medical advice from your healthcare provider because of information made available through the Platform.
Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NKO Club Wellness, Inc. (“NKO Club™”), its affiliates, and their respective officers, directors, employees, agents, licensors, service providers, and contractors (collectively, the “Associated Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, costs, or expenses (including, without limitation, reasonable attorneys’ fees and litigation costs) arising out of or relating, directly or indirectly, to:
Your access to or use of the Platform;
Your violation of these Terms of Use;
Any Contributed Content you create, post, upload, or otherwise provide; or
Your violation of any applicable laws, regulations, or the rights of any third party.
Upon request, you agree to provide NKO Club™ and the Associated Parties with full cooperation and reasonable assistance in the defense of any such claim, demand, action, or proceeding, including providing documents, testimony, or other evidence reasonably required to protect NKO Club’s interests.
NKO Club™ reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense.
Acceptable Use Policy:
We may permit you to upload, submit, post, share to social media, or otherwise make available content, including without limitation images, text, comments, or other materials (“Content”), through the NKO Club™ Platform. You are solely responsible for ensuring that both your Content and your conduct comply at all times with the Acceptable Use Policy set forth in these Terms.
NKO Club™ reserves the right, but shall have no obligation, to monitor your account, activity, Content, and conduct on or through the Platform, regardless of your privacy settings. NKO Club™ may remove, disable, restrict access to, or otherwise limit the availability of any Content or account that NKO Club™, in its good-faith discretion, believes violates this Acceptable Use Policy, infringes the rights of others, or is otherwise harmful to the Platform, its Members, or the NKO Club™ community.
Copyright & DMCA Policy:
You may only upload, post, or otherwise make available Content on the NKO Club™ App if you own the rights to that Content or have obtained all necessary permissions and licenses. If you believe that the NKO Club™ Platform contains material that infringes your copyright, you may submit an email notice to us identifying the allegedly infringing material (legal@nkoclub.com). Your notice should include:
(a) Identification of the copyrighted work(s) claimed to have been infringed.
(b) A statement with signature of the copyright owner that you have a good faith belief that the disputed use is not authorized by the copyright owner, the law, or otherwise.
(c) Contact information.
(d) A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
Upon receipt of a compliant notice, NKO Club™ may remove or disable access to the allegedly infringing material. In appropriate circumstances, we may also terminate the accounts of repeat infringers. This policy is intended to comply with the requirements of the Digital Millennium Copyright Act.
Content Guidelines
To maintain a safe, respectful, and supportive community, all Members must ensure that any content they create, upload, post, share, or otherwise make available on the NKO Club™ App (“Content”) complies with the following guidelines:
Respect Intellectual Property: You may only post Content that you own or have permission to use. Content that infringes or violates the rights of others—including copyrights, trademarks, trade secrets, or rights of publicity or privacy—is strictly prohibited.
No Harmful, Abusive, or Offensive Material – Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise objectionable is not permitted.
No Misinformation or Misrepresentation: Content that spreads false, misleading, or deceptive information, including misinformation about health, fitness, wellness, or nutrition, is not allowed.
No Exploitation or Illegal Activity: You may not post Content that promotes or depicts criminal activity, violence, self-harm, drug use, or the exploitation of children or other vulnerable groups.
No Commercial or Unauthorized Use: You may not use the App to advertise, solicit, or promote products, services, businesses, or opportunities without prior written consent from NKO Club™.
No Malware or Disruption: You may not post or share Content containing viruses, malicious code, or any other material intended to disrupt or damage the App, NKO Club™ systems, or other Members’ devices.
NKO Club™ reserves the right, but has no obligation, to monitor, remove, or restrict access to any Content that, in its sole discretion, it determines violates these Content Guidelines, the Terms of Use, or otherwise threatens the safety, integrity, or spirit of the community. Members who repeatedly violate these Content Guidelines may have their accounts suspended or permanently terminated.
Member Code of Conduct:
When accessing or using the NKO Club™ app, website, or related services (collectively, the “Services”), you agree to comply with all applicable laws, rules, and regulations, and further agree that you will not, directly or indirectly:
Create, select, or use an offensive, obscene, profane, discriminatory, or otherwise inappropriate username, display name, profile name, or avatar, including any content containing nudity or hate speech.
Impersonate, misrepresent, or falsely claim affiliation with any person, entity, or organization.
Harass, threaten, stalk, intimidate, exploit, or otherwise harm any individual or group.
Transmit, distribute, or facilitate the distribution of unsolicited communications, including spam, junk mail, chain letters, or any misleading or deceptive metadata.
Solicit, collect, harvest, or otherwise obtain personal information about other users without their knowledge and prior consent.
Access, attempt to access, or use another user’s account, credentials, or personal information without proper authorization.
Use, export, or re-export the Services or any portion thereof in violation of applicable U.S. export control laws or any other applicable trade or economic sanctions regulations.
Engage in any unlawful, fraudulent, defamatory, libelous, or otherwise illegal activity in connection with the Services.
Encourage, assist, or enable any other person to engage in conduct that would violate this Code of Conduct or these Terms.
NKO Club™ reserves the right, in its sole discretion and without prior notice, to suspend, restrict, or terminate your access to the Services, or to take any other action deemed necessary or appropriate, in the event of a suspected or actual violation of this Code of Conduct.
Technical Restrictions:
You agree that you will not, whether directly or indirectly and except as expressly authorized by law or by NKO Club™ in writing:
Scrape, copy, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the App;
Attempt to bypass, disable, or otherwise circumvent any security, authentication, rate-limiting, filtering, access control, or digital rights management systems or measures implemented by NKO Club™;
Upload, transmit, or otherwise introduce any malicious code, program, script, or file intended to disrupt, impair, or damage the functionality of the App, our servers, or the systems of any third party;
Generate, submit, or attempt to submit an unreasonable volume of automated or manual requests to NKO Club™ servers or networks in a manner that could degrade performance, availability, or stability;
Manipulate, interfere with, or otherwise disrupt the normal operation of the App, its infrastructure, or any related digital services;
Take any action, whether through automated tools or manual processes, that unreasonably burdens, interferes with, or otherwise disrupts NKO Club’s business operations, technology systems, or the use and enjoyment of the App by other Members.
NKO Club™ reserves the right to investigate any suspected violation of this Section and to pursue all available remedies, including suspension or termination of your account, reporting to law enforcement authorities, and pursuing legal action where appropriate.
Eligibility & Restricted Users:
You may not create, maintain, or use an Account if you are a member of, affiliated with, or providing support to any hate or terror group, or other entity engaged in unlawful or violent activity. In addition, you may not purchase, access, or use any goods, services, or software from NKO Club™ if you are: (a) located in, ordinarily resident in, or organized under the laws of any country or territory that is subject to a U.S. Government embargo, trade restriction, or that has been designated by the U.S. Government as a state sponsor of terrorism; or (b) identified on any U.S. Government restricted-party list, including but not limited to the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List (SDN List), the U.S. Department of Commerce Denied Persons List, or the U.S. Department of State’s Nonproliferation Sanctions list.
NKO Club™ reserves the right to deny or terminate access to its Services in its sole discretion if it determines that providing such access would violate applicable law, regulation, or U.S. Government restriction.
Disclaimers of Warranties:
Your use of the NKO Club™ App, website, and any associated programs, services, or content (collectively, the “Services”) is at your sole risk. The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, NKO Club™ expressly disclaims all warranties of any kind, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, non-infringement, or any warranties arising from course of dealing, course of performance, or usage of trade.
Without limiting the the above, NKO Club™ makes no representations, warranties, or guarantees regarding:
The availability of the App or Services in any particular jurisdiction;
The compatibility of the App or Services with any particular device, operating system, or browser;
The continued support, development, or availability of any feature, functionality, or component of the App or Services;
The uninterrupted, secure, or error-free operation of the App or Services, or that the App or Services will function at any specific speed, resolution, quality, or technical performance;
The quality of your experience, which may be affected by factors outside NKO Club’s control, including your device, network connectivity, and internet bandwidth;
The content of any Services, including any fitness classes, wellness programs, recommendations, or opinions, and the suitability, accuracy, or reliability of such content for any individual Member or audience;
The continued availability of any Services, or the inclusion of particular Services within a subscription, channel, or membership tier;
The preservation, integrity, or security of any Content or data stored, uploaded, or transmitted through the Services;
Any actions or omissions of NKO Club™ with respect to the handling, processing, or use of your personal information, except as expressly set forth in the Privacy Policy.
NKO Club™ may suspend, withdraw, modify, or discontinue the App, Services, or any feature or component thereof, in whole or in part, at any time and without notice. You acknowledge and agree that NKO Club™ shall have no liability for any modification, suspension, or discontinuance of the Services.
Indemnification:
To the maximum extent permitted by Applicable Law’s, the NKO Club™ App and all products, services, programs, and other items provided by or on behalf of NKO Club Wellness, Inc. are made available on an “as is” and “as available” basis. NKO Club™ expressly disclaims, and you hereby waive, any and all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or warranties arising from course of dealing, course of performance, or usage of trade. Without limiting the foregoing, NKO Club™ does not represent, warrant, or guarantee that the App or Services will be accurate, complete, reliable, current, uninterrupted, error-free, secure, or free from viruses, malware, or other harmful components.
Any features, content, or materials available through the App that promote physical activity, exercise, cooking, mindfulness, or general wellness are provided solely for informational and educational purposes. They are not intended to constitute or substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of a physician or other qualified healthcare professional before beginning any fitness program, engaging in exercise, or making changes to your diet, nutrition, or lifestyle. You should never disregard, avoid, or delay seeking medical advice because of information you accessed through the App.
To the maximum extent permitted by Applicable Laws, NKO Club™ and its affiliates shall not be responsible or liable for any loss, injury, or damage of any kind, whether direct, indirect, incidental, consequential, exemplary, or otherwise, that results from or relates to your use of, or inability to use, the App, the Services, or any of their features.
Binding Arbitration Agreement:
Agreement:
This Section 19 sets forth a binding Arbitration Agreement between you and NKO Club™ (the “Arbitration Agreement). By purchasing or subscribing to the Services on the Site or dedicated Application Store, you agree that any claims you may have against NKO Club™ relating to the Site and or Services, must be arbitrated. In this Arbitration Agreement, you agree to the following:
To arbitrate all claims or disputes relating to this Site.
You waive your right to assert claims against NKO Club™ in court and waive your right to a trial by jury
You waive the right to participate in any class action lawsuit against NKO Club™.
The exclusive method for resolving any dispute, claim, or controversy arising out of or relating to these Terms (including any alleged breach), your use of the NKO Club™ App, or any Services provided by NKO Club™ shall be final and binding arbitration. Such arbitration shall be administered by JAMS in accordance with its Streamlined Arbitration Rules & Procedures then in effect, as modified by these Terms.
Overview:
Arbitration is a private dispute resolution process that is generally faster, more efficient, and less formal than traditional litigation. In arbitration, disputes are resolved by a neutral third party (the arbitrator), rather than by a judge or jury. Both you and NKO Club™ are entitled to a fundamentally fair process at every stage of the arbitration, including any hearing that may take place. The arbitrator has the authority to decide all issues related to the dispute, including questions about the scope or enforceability of this arbitration agreement, and may award any remedy or relief that a court of competent jurisdiction could grant under applicable law. The arbitrator’s decision shall be final and binding, and may be enforced in court. Judicial review of an arbitrator’s decision is limited to the narrow grounds set forth in applicable arbitration law.
Location of Hearing:
Unless otherwise agreed, the arbitration shall take place in Florida.
Class-Action Waiver:
No Class Action. You agree that any claim, dispute, or controversy you may have against NKO Club Wellness, Inc. (“NKO Club™”) must be brought solely in your individual capacity. You may not join, consolidate, or combine your claim with the claims of any other person or entity, nor may you pursue, participate in, or seek relief through any form of class, collective, representative, or group action against NKO Club™. By accepting these Terms, you and NKO Club™ each knowingly and voluntarily waive any right to participate in or bring a class, collective, or representative action in any forum, whether in arbitration, litigation, or otherwise.
Time To File:
Any claim or Dispute must be filed within one (1) year after the cause of action arose; otherwise, it is permanently barred.
Exception for Small Claims Courts Matters
Notwithstanding the foregoing, either you or NKO Club™ may elect to pursue an individual claim in small claims court if the claim is within that court’s jurisdiction and remains in such court on an individual (non-class) basis.
Jurisdiction and Venue:
This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”). Where the FAA does not preempt or conflict, the choice of law provisions set forth in Section 11 shall apply. Any arbitration award rendered may be confirmed and enforced in any court of competent jurisdiction.
General:
Third Parties:
Except as expressly provided in these Terms, no third party shall have any rights to enforce or rely on any provision of this Agreement. Notwithstanding the foregoing, (a) NKO Club’s licensors, service providers, and partners (including, without limitation, Shopify, Stripe, Vimeo) may enforce applicable provisions of these Terms directly against you to the extent necessary to protect their interests; and (b) any indemnified parties identified in these Terms shall be entitled to enforce their respective rights to indemnification.
No Waiver:
The failure of NKO Club™, Shopify, Vimeo, and/or Stripe to exercise or enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other rights hereunder.
Governing Law and Venue:
This Agreement and your use of the App are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law principles. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the U.N. Convention on Contracts for the International Sale of Goods do not apply.
Any action to enforce the Arbitration Agreement, or if arbitration is deemed unenforceable, shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida. You consent to the jurisdiction of those courts and, to the fullest extent permitted by law, WAIVE ANY RIGHT TO A TRIAL BY JURY.
Force Majeure:
A “Force Majeure Event” means any event or circumstance beyond the reasonable control of NKO Club™, including but not limited to natural disasters (such as floods, earthquakes, storms, or other acts of God), fire, war, terrorism, civil unrest, insurrection, riot, labor disputes or strikes, accidents, epidemic or pandemic, government action or restriction, embargo, failure or interruption of telecommunications, internet, or network systems, power outages, or failures of equipment, software, or third-party service providers.
If a Force Majeure Event occurs that prevents or delays NKO Club™ from performing its obligations under these Terms, NKO Club™ will use commercially reasonable efforts to notify you as soon as practicable. During the continuation of the Force Majeure Event, NKO Club’s obligations under these Terms shall be suspended, and the time for performance will be extended for the duration of the event. NKO Club™ shall not be liable for any delay, failure, or inability to perform caused by such Force Majeure Event.
Severability:
If any provision of this Agreement is found invalid or unenforceable, it shall be interpreted to reflect the parties’ original intent as closely as permitted by law, and the remaining provisions shall remain in full force and effect.
Complete Terms of Service Agreement
These Terms constitute the complete and exclusive agreement between you and NKO Club Wellness, Inc. (“NKO Club™”) with respect to your access to and use of the NKO Club™ App and Services, and they supersede and replace all prior or contemporaneous understandings, agreements, negotiations, or communications, whether written or oral, relating to the same subject matter. NKO Club™ may modify or update these Terms from time to time in its sole discretion. Any changes will be effective when posted within the App or on our website and will apply prospectively unless otherwise expressly stated. Your continued use of the App or Services after changes have been posted constitutes your acceptance of the revised Terms.
Contact:
After reviewing the NKO Club™ Terms and Conditions of Service, if you have additional questions, want more information, or need clarity, please contact us by e-mail at support@nkoclub.com.
