TKO Vitality Terms and Conditions

Last updated: December 23rd 2024

Welcome to TKO Vitality (“TKO,” “we,” “our,” or “us”). By accessing or using our website, services, or purchasing our products, you agree to these Terms and Conditions (the “Terms”). These Terms govern your use of our website, content, products, and services (collectively, the “Services”) and constitute a binding agreement between you and TKO Vitality.

By using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Services.

1. Overview of the Services

TKO Vitality provides a variety of wellness and health-related products and services, including telemedicine consultations, prescription fulfillment, and non-prescription products. These Services may require you to create an account or provide personal information as detailed in our Privacy Policy.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. By using the Services, you represent and warrant that:

• You are legally capable of entering into a binding contract.
• You will use the Services in compliance with all applicable laws.
• You are not barred from receiving the Services under applicable laws.

3. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Any changes will become effective upon posting on our website. Your continued use of the Services after such updates constitutes your acceptance of the revised Terms. If you disagree with any changes, you must discontinue use of the Services.

4. Use of the Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are prohibited from:

• Misusing the Services for fraudulent or illegal activities.
• Attempting to interfere with the proper functioning of the Services.
• Accessing or using the Services through unauthorized methods.

Your use of any prescription or health-related Services may be subject to additional terms, such as those provided by licensed medical professionals or third-party pharmacies.

5. Subscription Services

Certain products and services may be offered on a subscription basis. If you enroll in a subscription, you agree:

• To be billed on a recurring basis as specified during the checkout process.
• That subscriptions will auto-renew unless canceled prior to the next billing date.
• To update your billing and contact information to avoid interruptions in service.

Subscriptions can be canceled by contacting us via:
Email: privacy@tkovitality.co
Phone: 800-520-2490

6. Medical Services

TKO Vitality facilitates access to telemedicine consultations and prescription fulfillment services through third-party licensed healthcare providers (“Providers”) and pharmacies (“Pharmacies”). By using these Services, you agree to the following:

• No Doctor-Patient Relationship with TKO Vitality: TKO Vitality does not practice medicine or provide healthcare services. Any diagnosis, treatment, or advice you receive is provided solely by the Providers.
• Consultation Requirements: Some products require a valid prescription, which may only be issued after a consultation with a Provider.
• Provider Responsibility: Providers are solely responsible for the care and advice they provide. TKO Vitality is not liable for any outcomes or decisions arising from your interactions with the Providers.
• Limitations: Telemedicine may not be appropriate for all medical conditions, and certain cases may require in-person care. If deemed necessary, you will be advised to seek care elsewhere.

7. Disclaimers and Limitations of Liability

Disclaimer of Warranties

The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied. TKO Vitality disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Accuracy, reliability, or timeliness of the Services or content provided.
• Uninterrupted, error-free, or secure operation of the Services.

Limitation of Liability

To the fullest extent permitted by law, TKO Vitality, its affiliates, officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or goodwill.
• Any errors, omissions, interruptions, or delays in providing the Services.
• Any claims arising from or related to your use of the Services or your interactions with third-party Providers or Pharmacies.

Our maximum liability to you, under any circumstances, shall not exceed the total amount paid by you for the Services in the 12 months preceding the event that gave rise to the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless TKO Vitality, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any applicable laws or regulations.
• Your infringement of any third-party rights.

9. Payment and Billing

Pricing and Payment Terms

All prices displayed on our website are in U.S. dollars. You agree to pay all charges and fees for the Services, including applicable taxes and shipping costs, as specified during the purchase process.

Subscription Billing

For subscription-based Services, your payment method will be charged automatically at the intervals specified at the time of purchase. You are responsible for ensuring your payment details are current and accurate to avoid disruptions in service.

Cancellations and Refunds

• Subscriptions may be canceled by contacting us via Email at privacy@tkovitality.co or Phone at 800-520-2490.
• Refunds for unused Services or Products are not guaranteed and are granted at TKO Vitality’s sole discretion.

10. Intellectual Property

All content on the TKO Vitality website, including but not limited to text, graphics, logos, images, and software, is the property of TKO Vitality or its content suppliers and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

Restrictions on Use

You may not:

• Copy, reproduce, distribute, or create derivative works from the content without prior written permission from TKO Vitality.
• Use our trademarks or logos without explicit written authorization.
• Engage in any activities that infringe upon our intellectual property rights or those of our licensors.

License to Use the Services

TKO Vitality grants you a limited, non-exclusive, revocable license to access and use the Services for your personal, non-commercial use. This license does not permit:

• Resale or commercial use of the Services.
• Collection or use of product listings, descriptions, or prices for commercial purposes.

11. Third-Party Links and Services

TKO Vitality may provide links to third-party websites or services for your convenience. These links do not imply endorsement or responsibility for the content, products, or services offered by these third-party websites.

User Responsibility

• You acknowledge that accessing third-party websites is at your own risk.
• Any dealings you have with third-party websites, including payments or delivery of goods and services, are solely between you and the third party.

TKO Vitality is not responsible for any loss or damage arising from your interactions with third-party websites.

12. Dispute Resolution and Arbitration

Binding Arbitration

By agreeing to these Terms, you and TKO Vitality agree to resolve any disputes, claims, or controversies arising out of or relating to these Terms or your use of the Services through binding arbitration.

• Arbitrator and Rules: Arbitration will be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”).
• Location: Arbitration proceedings will take place in Reno, Nevada, unless otherwise agreed by both parties.
• Fees: Each party will bear its own costs and expenses associated with arbitration unless the arbitrator determines otherwise.

Class Action Waiver

You agree that any arbitration or proceeding will be conducted on an individual basis and not in a class, consolidated, or representative action.

Exceptions to Arbitration

You or TKO Vitality may pursue claims in small claims court if they qualify, or seek injunctive relief in a court of competent jurisdiction for intellectual property infringement.

Governing Law

These Terms are governed by the laws of the State of Nevada without regard to its conflict of laws provisions.

13. Termination of Services

TKO Vitality reserves the right to terminate or suspend your access to the Services at any time, for any reason, including but not limited to violation of these Terms. Upon termination, your right to use the Services will cease immediately.

You may terminate your account by contacting us at privacy@tkovitality.co or 800-520-2490.

Effects of Termination

Termination of the Services does not relieve you of any outstanding obligations, including payment obligations. Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution will survive termination.

14. General Provisions

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any additional policies or agreements referenced herein, constitute the entire agreement between you and TKO Vitality regarding the use of our Services and supersede all prior agreements, understandings, or representations.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

Waiver

Failure to enforce any provision of these Terms by TKO Vitality shall not constitute a waiver of such provision or any other rights under these Terms.

Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent from TKO Vitality. TKO Vitality may assign or transfer its rights and obligations under these Terms without restriction.

Force Majeure

TKO Vitality shall not be held liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, and power outages.

15. Privacy Policy Integration

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy outlines how TKO Vitality collects, uses, and protects your personal information. By using our Services, you agree to the terms of our Privacy Policy.

16. Contact Information

If you have any questions or concerns about these Terms and Conditions, you can reach us via:

• Email: privacy@tkovitality.co
• Mail:
  TKO Vitality
  405 Marsh Ave Floor 3-100
  Reno, Nevada 89509
• Phone: 800-520-2490

17. Updates to These Terms

TKO Vitality reserves the right to update or modify these Terms and Conditions at any time. Any changes will become effective immediately upon posting to our website. It is your responsibility to review these Terms regularly. Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

Thank you for choosing TKO Vitality. We are committed to providing you with exceptional services and a seamless experience.