Terms & Conditions
Date of Last Revision: September 17, 2014
Note to user: Please consider whether you need to consult with a health care professional before starting this new exercise program. Your participation is at your own risk.
IMPORTANT NOTICE FOR AMATEUR & PROFESSIONAL ATHLETES
You are responsible for ensuring that your use of or participation in the activities of this Website does not affect your eligibility as an amateur athlete. Please check with your amateur or professional athletic association for the rules that apply to you. Kaizen Naturals® IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR OR PROFESSIONAL ATHLETE.
All intellectual property on the Website (except for User Generated Content) is owned by Kaizen Naturals® or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Kaizen Naturals® name, the Kaizen Naturals® Logo are trademarks or registered trademarks of The Winning Combination Inc. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Kaizen Naturals®; All rights reserved.
WEBSITE USE RESTRICTIONS
All orders placed through the Website are subject to The Winning Combination Inc’s acceptance. This means that The Winning Combination Inc. may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, The Winning Combination will issue you a refund.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your Kaizen Naturals® account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Kaizen Naturals immediately of any unauthorized use of your Kaizen Naturals account. Kaizen Naturals® is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available (“post”) on or through the Website, except to the extent the content is owned by Kaizen Naturals®.
1. POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose Kaizen Naturals® or its users to any harm or liability of any type.
Be Relevant and Constructive.
Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don’t talk about policies, future products, speculations or rumors about The Winning Combination and Kaizen Naturals® products, or anything else off-topic.
Be Courteous and Appropriate.
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Kaizen Naturals®’s sole discretion, is illegal, offensive, libellous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk”, intimidate, abuse, harm or harass another Website user or person.
Do not post personal information, including your email address, IM address, or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.
The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Generated Content that involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”. Do not use automated scripts to collect information from, or otherwise interact with, the Website.
Do not impersonate any person or entity, including without limitation athletes or Kaizen Naturals® employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Kaizen Naturals® account, register a Kaizen Naturals® account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.
Do not post any User Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.
2. GENERAL RULES FOR USER GENERATED CONTENT
Content is Not Prescreened
Kaizen Naturals® does not guarantee to prescreen User Generated Content. Kaizen Naturals® does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Kaizen Naturals® is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event Kaizen Naturals® chooses to monitor any User Generated Content, Kaizen Naturals® assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Kaizen Naturals® reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
Eligibility and Registration
Kaizen Naturals®’s Rights to Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Kaizen Naturals® a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Kaizen Naturals® Website any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Kaizen Naturals® legally sufficient notice to Kaizen Naturals® of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
We suggest that you consult your legal advisor before filing a DMCA notice with Kaizen Naturals® ‘s copyright agent. There can be penalties for false claims under the DMCA.
OPENID LINKED ACCOUNTS
Kaizen Naturals® may now or later join OpenID, which allows you to automatically sign into the Kaizen Naturals® Website at the same time you sign into OpenID. Kaizen Naturals® is not responsible for the operation or functionality of OpenID or any OpenID affiliated websites.
The Website contains services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply. If Kaizen Naturals® charges you for a mobile service, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Kaizen Naturals® ‘s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Kaizen Naturals® allows you the option to publish about the actions you take on Kaizen Naturals®’s Website to Facebook, Twitter and other social platforms. Kaizen Naturals® does not control which information gets disseminated on participating social platforms. You agree to allow Kaizen Naturals® to check your Kaizen Naturals® cookies when you are visiting participating social platforms, and allow Kaizen Naturals® to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other Website users, whether online or offline in person. Kaizen Naturals® is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. In addition, you agree to review Kaizen Naturals®’s Privacy Tips prior to using this Website. Kaizen Naturals® is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Kaizen Naturals® is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Kaizen Naturals® disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Kaizen Naturals® cannot guarantee and does not promise any specific results from use of the Website. Kaizen Naturals® does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Kaizen Naturals® does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. Kaizen Naturals® reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Kaizen Naturals® SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A Kaizen Naturals ® EVENT OR ANY USER GENERATED CONTENT, EVEN IF Kaizen Naturals ® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST Kaizen Naturals ® FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF Kaizen Naturals ® IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, Kaizen Naturals ® ‘S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Date of Last Revision: September 17, 2014
For questions or concerns, please contact us at:
Attn: Consumer Services/Privacy
Unit 6 1099 Wilkes, Winnipeg
Manitoba, Canada, R3P 2S2
When you visit Kaizen Naturals®’s Website you provide us with personal information you knowingly disclose to us and Website interaction information collected by us. We request information from you (which may include name, age, address, telephone number, email address, city location, zip code, gender and when necessary, credit card information) when you register for the Website, make purchases, request a catalog, request to receive communications, or participate in a promotion or other Website feature.
In order to better understand your preferences and better serve you, we may combine information you give us online with other information from Kaizen Naturals® sources, transactions and communications. This may include data from the Website, Kaizen Naturals® stores, direct mail, events, or online marketing. We may also combine that information with data that is publicly available and data that we receive from other reputable sources. We collect information about gift recipients to fulfill the gift purchase, respond to customer service inquiries and for analysis purposes only.
Like many websites, we gather information about how visitors use our Website. For more information, see the “Cookies and Pixel Tags” section below.
If you choose to use our invitation tools to invite friends to our Website, we will ask you for information needed to send the invitation, such as your friends’ email addresses, your email address, your Facebook account or other contact lists (e.g., Gmail, Twitter, Hotmail and Yahoo). We will then invite your friends in your name to join the Website. Kaizen Naturals® stores certain information to send invitations and reminders and to track the success of our referral program.
We may use the information we collect to:
Operate, provide, improve and maintain the Website Send you administrative messages and information about Kaizen Naturals® in which we believe you may be interested Customize and/or personalize your communications and shopping experience Better respond to your customer service inquiries Communicate with you about your purchase, account information or customer service needs Communicate with you about our products and events, and for other promotional purposes Improve our business Administer contests, promotions, surveys or other Website features If you have purchased a product from Kaizen Naturals® and have not previously registered on the Website as of April 19, 2004, we will automatically add you to our direct mail (including catalog) list.
SHARING INFORMATION FOR KAIZEN NATURALS® BUSINESS
For the purpose of operating our business, we may transfer information between Kaizen Naturals® and our preferred service providers who use that information only to conduct Kaizen Naturals® business. For example, they may handle Kaizen Naturals®’s credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer a Website feature (e.g. music download or race registration) and in that case will notify you before you give your information. We provide our preferred service providers with the information they need to perform their services and work with them to protect your information.
We may provide your information to Kaizen Naturals®, Inc. wholly-owned companies and affiliates, which may be outside the U.S..
SHARING INFORMATION WITH THE WEBSITE COMMUNITY
By becoming a member of the Website, you agree to share a basic amount of information with the rest of the community, including your username, city location, profile picture and certain other basic information. In order to participate in all of the additional Website features and community and sharing activities, you will have to change your privacy setting to share more information, including all your User Generated Content, your profile page and all your activity on the Website.
You may change your profile information and privacy settings or deactivate your account by logging into your account and accessing “Account Settings.” Kaizen Naturals® is not responsible for the actions of other users or the circumvention of any privacy settings or security measures on the Website. You post User Generated Content at your own risk. Therefore, please be mindful of what you post, because it may become publicly available on the Website or otherwise. Even after account deactivation, copies of your User Generated Content previously posted may still be viewable in activity fees, in other areas on the Website, on social platforms, in cached and archived pages or if other users have stored your User Generated Content. After account deactivation, Kaizen Naturals® may keep information and content in our backup files and archives.
PROTECTING YOUR INFORMATION
We use a variety of security measures, including encryption and authentication tools to maintain the safety of your personal information. When you place orders or access your personal information, we offer the use of a secure server. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be accessed only as stated above. Regardless of these efforts, Kaizen Naturals® cannot guarantee 100% the security or confidentiality of the information you provide to us. We do not assume any liability to third parties whose information you include on the Website, or which you post in any User Generated Content. To help maintain the security of your Kaizen Naturals® account, please keep your password secure.
COOKIES AND PIXEL TAGS
Kaizen Naturals® receives and records information from your browser when you use the Website and may use a variety of methods, such as cookies and pixel tags to collect this information. A cookie is a small removable data file that is stored by your web browser on your computer. Cookies allow you to place an order on our Website and allow us to enhance and personalize your online experience.
Remember the items in your shopping cart Recognize you when you return to our Website Store your username or login email (but not your password) to make it easier to login Confirm that users are logged in Enable you to use Express Checkout Analyze visitor behavior
You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. If you turn cookies off, you won’t have access to many features that make your Website experience more efficient and some of our services will not function properly. However, you can still place product orders over the telephone by contacting our customer service number at 1-866-778-4633.
We use pixel tags — tiny graphic images — to help us analyze your online behavior. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us. We may use pixel tags to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our Website. We also collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, username, system type, whether you have enabling software to access certain Website features, access times and referring website addresses. Websites visited before visiting the Kaizen Naturals® Website might place personal information within the URL of your browser during a visit to that website. Kaizen Naturals® may unintentionally collect that information as part of the referring website information we collect.
We also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect non-personally identifiable information about your visits to our Website and your interaction with our communications, including advertising. If you would like to opt-out of third-party companies collecting non-personally identifiable information during your visits, please visit the Kaizen Naturals® Website.
UNSUBSCRIBING, REMOVING OR MODIFYING YOUR INFORMATION
Even if you remove your User Generated Content or terminate your Kaizen Naturals® account, copies of your User Generated Content may still be viewable in areas displayed outside your profile, in activity feeds, in other areas on the Website, on social platforms, in cached and archived pages or if other users have stored your User Generated Content.
We want to communicate with you only if you want to hear from us. If you prefer not to receive information from Kaizen Naturals® or would like to update or change your personal information or preferences, follow the instructions below. However, Kaizen Naturals® may send you service-related announcements from time to time through the general operation of the Website or by email.
REGISTRATION INFORMATION, EMAIL AND OTHER SUBSCRIPTIONS
To modify or delete the information you have provided during registration, please login and update your profile. To unsubscribe from an email, please follow the instructions in any email you receive. Be sure to include your first and last name and account email address in the “message” box.
To unsubscribe from SMS, MMS or other mobile messaging, please follow the instructions in the messages you receive.
DIRECT MAIL (INCLUDES CATALOGS)
If you would like your name and address removed from Kaizen Naturals®’s direct mailing list or if you would like to update your mailing information, you can phone us at 1-866-778-4633 (5am — 10pm PST, seven days a week). Be sure to include your first and last name and mailing address in the “message” box.
COMMUNICATIONS IN PROGRESS/SALES AND SERVICE INFORMATION
Please note, if you have unsubscribed from any Kaizen Naturals® communications, due to production schedules, you may receive communications already in production. Also, if you request your registration information be deleted or if you unsubscribe from communications, we may maintain information about sales transactions or service inquiries for future service and record-keeping purposes.
We do not knowingly collect or solicit personal information from children under 13.