K Studio

Private & Online workouts

Conditions of Use & Privacy Policy

INTRODUCTION AND SUMMARY

The below serve as the Conditions of Use that you fully agree to, including limitations on liability, when you do any of the following in relation to Corecentrix Inc. a/k/a K Studio (f/k/a Katie Barnes Fitness) (also referred to as “we” and/or “us” herein): use this Website (as later defined) or any other affiliated website application, program, or platform; interact with us; and/or participate in any activities or programs we arrange or sponsor (these are the “Activities”). 

The “Website” is defined as www.thekstudio.co or any other website on which these Conditions are legitimately posted. If you do not agree to all of these Conditions of Use, then you are not authorized to engage in any of the Activities and must cease and desist from doing so.  This paragraph is a material part of our agreement with you, and you and we irrevocably stipulate that neither of us needs to sign or “execute” anything for these Conditions of Use to be effective. The Conditions of Use may change over time, and your participation in Activities will be governed by the Conditions of Use in effect at the time of your participation. These Conditions of Use will be interpreted and enforced pursuant to the laws of the State of Tennessee. 

These Conditions of Use contain important information about limitations of liability and resolutions of disputes.  We may at any time revise these Conditions of Use.  You are bound by such revisions and should therefore periodically review these Conditions of Use.     

OTHER AGREEMENTS

Other content or agreements which relate to your interactions with us are generally intended to be interpreted in harmony with these Conditions of Use. This includes, but is not necessarily limited to, the Terms of Service which apply to Customers (as defined in that agreement). 

GENERAL DUTY TO USE GOOD JUDGMENT AND ACT IN GOOD FAITH

You warrant and represent that you are capable of using and shall use good judgment with regard to your conduct, decision-making, and activities, whether related to this Website, the Activities, or any other items related to or involving you and us. Most of the Activities shall involve some level of physical exertion, sometimes significant physical exertion, and you must and shall decide to participate in Activities only if and to the extent you can reasonably participate and are comfortable doing so. You hereby promise to not participate in Activities if you are uncomfortable or unsure regarding the safety or appropriateness of participating. You also promise to otherwise act in a manner which is respectful and safe toward others during and relating to Activities and when participating in or being present at any of our sponsored, organized, or affiliated events or programs.

WEBSITE AND SIMILAR ITEMS

MEASUREMENT OF USAGE. Your entry and usage of the Website will provide us with demographic information that may be combined with Website usage reports to profile users and their preferences in Website content and advertising. We use cookies to measure Website usage and related information. We also keep track of your transaction from one page to the next by employing cookies.

Information is also gathered to measure the number of visitors to this Website and to each various page and section of the Website and details of searches performed. We also measure the usage of advertising banners and other related links.

See K Studio’s Privacy Policy, found on the Website, for more information. 

LINKS TO THIRD-PARTY SITES. This Website may contain hyperlinks to websites operated by parties other than K Studio. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

YOUR WARRANTIES. As a condition of your use of this Website, you warrant that:

  1. you are at least 18 years of age; 
  2. you will not attempt to engage in any Activities unless you are at least 18 years of age and you possess the legal authority to create a binding legal obligation; 
  3. you will not engage in any Activities except in accordance with these Conditions of Use; 
  4. you will not engage in any Activities except for the legal and legitimate purposes it is intended; 
  5. all information supplied by you to us, via this Website or otherwise, is true, accurate, current, and complete; and
  6. if you have an account with us, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Website and the Activities we offer, at any time and for any reason, including, but not limited to, for violation of these Conditions of Use. Any breach of these Conditions of Use by you may result in legal action taken by us.

PROHIBITED ACTIVITIES. The content and information on this Website (including, but not limited to, price and availability of Activities) as well as the infrastructure used to provide such content and information, is proprietary to us or our affiliates.  You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. In addition, you must not:

  1. knowingly access and/or use this Website if you are under the age of 18 years old;
  2. make any fraudulent, speculative, or false statements, bookings, or other efforts using this Website; 
  3. use another’s name, ID, or password without permission; 
  4. use the Website while impersonating another person; 
  5. post or transmit to or via the Website any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory, or pornographic material or any material that could give rise to civil or criminal proceedings; 
  6. tamper with, hinder the operation of or make unauthorized modification to the Website; 
  7. delete data from the Website without our permission; 
  8. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  9. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  10. link to any portion of this Website for any purpose without our express written permission;
  11. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
  12. knowingly transmit any virus or other disabling feature to the Website;
  13. breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in using this Website; 
  14. frame this Website as part of another Website or cache this Website for commercial benefit; 
  15. attempt to do any of the above acts; or
  16. knowingly permit another person to do the above acts.

If your Activities or account shows signs of prohibited activities, fraud, abuse, or suspicious Activity, K Studio may cancel any bookings or services associated with your name, email address, or account, and close any associated K Studio accounts.  If you have engaged in any fraudulent Activity, K Studio reserves the right to take any necessary legal action and you may be liable for damages to K Studio, including litigation costs and fees as well as damages.  

TERMINATION OF WEBSITE ACCESS. We reserve the right to terminate or restrict your Activities at any time and in our sole discretion. If you have been notified by us that you are prohibited from the Activities, any subsequent Activities by you or on your behalf shall be unauthorized and unlawful. 

SUFFICIENT HEALTH, MEDICAL, PHYSICAL, MENTAL, AND EMOTIONAL CONDITION

You warrant and represent that you are in appropriate and sufficient good health and medical, physical, mental, and emotional condition to participate in the Activities and to otherwise interact with us and that you have no problems or issues which would endanger you or others due to such participation. 

INFORMED CONSENT AND ASSUMPTION OF RISK

Participating in Activities may, by the very nature of some of some of the Activities, lead to a certain level of physical exertion and physical activity, and sometimes lead to or involve certain mental or emotional conditions. You are hereby giving informed consent as to your participation in Activities and interactions with us. By volunteering to participate in the Activities, you assume the risk of any negative consequences which may result from the Activities, including as a result of actions or inactions with us, other activity participants, or with third parties. If you are not aware of the risks which may come by participating in the Activities, you should not participate until and unless you have sought and received information which allows you to have a fair and reasonable opportunity to know and understand said risks. Your participation in Activities and voluntarily interaction with us is a certification by you that you understand all the risks, that you accept the risks, and that you knowingly decide to assume such risks and will not blame others for those risks or their consequences.

LIABILITY DISCLAIMERS AND LIMITATIONS; INDEMNIFICATION PROVISIONS

K Studio does not guarantee the accuracy of and disclaims all liability for any errors or other inaccuracies relating to any items on the Website. In addition, K Studio expressly reserves the right to correct any pricing or value errors on our Website which mistakenly list an incorrectly low price or value and to correct any pending reservations made under an incorrect low price. K Studio does not guarantee the accuracy of any ratings, reviews, recommendations, or descriptions (including photographs, videos, etc.) displayed on this Website or linked to via the Website. K Studio and its respective suppliers make no guarantees about the availability of specific items. K Studio and its respective suppliers may make improvements and/or changes on the Website at any time. 

K Studio and its respective suppliers make no representations about the suitability of items contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such items by K Studio. All items are provided “as is” without warranty of any kind. K Studio and its respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from K Studio and/or its respective suppliers are free of viruses or other harmful components. K Studio and its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, or services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement. 

Any suppliers used in or for the provision of the Activities are independent entities from K Studio and are not agents or employees of K Studio. K Studio is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. K Studio has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond its direct control, and it has no responsibility for any additional expenses, omissions, or acts of any government or authority. 

In no event shall K Studio and/or its respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the Activities whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if K Studio and/or its respective suppliers have been advised of the possibility of such damages. 

You agree that under no circumstances will we be liable for consequential damages, loss of opportunity damages, or any other type of special damages.

K Studio has no obligations to you. You agree that K Studio is never liable for costs, fees, damages, or inconveniences incurred by you. If, despite the limitation above, K Studio is found liable for any of your losses or damages, the liability of K Studio will in no event exceed the fees you paid to K Studio in connection with your transaction(s) with K Studio. The limitations specified in this section will survive and apply even if our relationship with you is otherwise ended. The limitations of liability provided in these Conditions of Use inure to the benefit of K Studio and/or its respective suppliers.

INDEMNIFICATION. You agree to defend and indemnify K Studio and/or its respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of these Conditions of Use or the documents referenced herein; or
  2. your violation of any law or the rights of a third party; or 
  3. your use of this Website; or
  4. your negligence, willful or reckless disregard, or your intentional conduct; or
  5. your participation in the Activities; or
  6. your other interactions with us. 

INTELLECTUAL PROPERTY ISSUES.

GENERALLY. Unless otherwise indicated by us, the Activities and all content and other materials therein, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of K Studio or its licensors or users and are protected by U.S. and international intellectual property laws.

INTELLECTUAL PROPERTY INFRINGERS. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, the account of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Activities and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is an infringer, please provide information sufficient for us to verify that the account holder or subscriber is an infringer when filing your notice.

NOTICE OF INFRINGING MATERIAL. If you believe that anything on the Activities infringes any copyright which you own or control, you may file a notification of such infringement with us. You should note that there are potential negative consequences if your notification is improper, inaccurate, and/or otherwise noncompliant. Those negative consequences may include you being liable for damages, including costs and attorneys’ fees, incurred by us. 

PRIVACY POLICY

To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used and what rights you have in relation to it. 

We are committed to protecting your privacy and committed to developing technology that gives you the most powerful and secure online experience. Billing and personal information is encrypted whenever transmitted or received online. Personal information is accessible only to staff, agents, or contractors of Company. 

This privacy statement applies to all Company-owned websites, domains, and applications. This privacy statement covers personally identifiable information, anonymous data collection and aggregate reporting. Personally identifiable information is any information that is associated with your name or personal identity. However, personally identifiable information does not include any information you upload or publish to the Website and make publicly available to other users. All users have the ability to control the privacy options for their account.

WHAT WE COLLECT. We collect personal information voluntarily provided by you during the registration and/or purchase process, when you participate in activities or services on the Website, or otherwise contacting us. The types of personal information you provide to us may include, first and last name, address, phone number, fax number, email address, username and password, billing information, transaction, and credit card information. When you use the Website, you must log in with your username and password. 

All payment data is or may be stored by our payment processor(s). We do not control what that processor does. 

When you browse the Website, you do so anonymously. We do log your IP address (the Internet address of your computer) to give us an idea of which part of the Website you visit and how long you spend there, but we do not link your IP address to any personal information unless you have logged in to the Website. Like many other commercial websites, the Website may use a standard technology called a “cookie” to collect information about how you use the Website. Please go to “Use of Cookies” below for more information.

USE OF INFORMATION. We may use your personal information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent. We use the information we collect for the following business purposes; this list is not all inclusive but rather a set of examples.

  • To make the Website easier for you to use by not making you enter your personal information more than once.
  • To send marketing and promotional communications if you consent.
  • To deliver products or services that you request or purchase.
  • To fulfill and manage orders.
  • To help you effectively complete your purchase or transaction.
  • To complete returns and process refunds.
  • To help us create and publish content most relevant to you.
  • To alert you of product additions, upgrades, special offers, updated information and other new products and services provided by us.
  • To request feedback from you.
  • To request assistance or fill out support requests.
  • To send administrative information about the Website to you.
  • To protect the Website.
  • To enforce the Terms and Conditions and other policies, including this Privacy Policy.
  • To identify usage trends and/or data analysis.

INFORMATION SHARING. We may process or share data under the following conditions; this list is not all inclusive but rather a set of examples. 

  • If you have given us specific consent to use your personal information for a specific purpose. 
  • If required to do so by law (for example, a subpoena) or regulation, or in good faith: (a) to comply with legal processes served regarding the Website; (b) to protect our rights and property; (c) when our records indicate fraudulent activity or other deceptive practices that a governmental agency should be made aware of; or (d) when your communication suggests possible harm to others.
  • If reasonably necessary to achieve our legitimate business interests. 
  • If we need to fulfill the terms of our contract.

We may transfer information about you if our company is acquired by or merged with another company. We may share information with third party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work. For example, payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We never sell or rent your personal information. Additionally, we may share and disclose your information with payment processor(s) for invoice and billing purposes. 

We use personal information to reply to inquiries, handle complaints, schedule transactions, complete returns, provide operational notices, keep records up to date to notify you via periodic e-mails of technical service issues, specials, or other related product/service information. If we have processed your data based on your consent and you wish to revoke your consent, you must contact us in writing and clearly make said revocation. 

MAINTAINING YOUR INFORMATION. We keep your information for at least as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law. 

SECURITY. We strictly protect the security of your personal information. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Your personal information is never shared outside the company without your permission, except for legitimate business purposes. Inside the company, data is stored in a secure database with limited access. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your username and password, so do not share these with others.

We use encryption when collecting or transferring sensitive data such as credit card and personal information. Credit card numbers are only used for processing payment and are not used for other purposes. 

THIRD PARTY SITES. The Website may contain advertisements from third parties that are not affiliated with us. We cannot guarantee the safety and privacy of data that you provide to any third parties. This Privacy Policy does not cover any data collected by a third party. We are not responsible for the privacy and security practices of any third parties, including other websites that may be linked from the Website. You should review the policies of such third parties and contact them directly to respond to your questions. 

YOUR PRIVACY RIGHTS. We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time by logging into your account or contact us using the contact information provided below. 

If you would like to terminate your account, we will deactivate or delete your account and any related personal information from our database upon your request. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with investigations, enforce our Terms and Conditions and/or comply with legal requirements.

To protect your privacy and security, we will also take reasonable steps to verify your identity, such as password and username, before granting access to your data.

EMAIL MARKETING. You can unsubscribe from our marketing email list at any time by clicking on the “Unsubscribe” link in the emails that we send or by contacting us using the contact information provided below. We will remove you from the marketing emails, but we may still need to send you emails that are necessary for the administration or use of your account. You can also opt-out by selecting your preferences when registering for an account with the Website or accessing your account settings and update preferences.

USE OF COOKIES. The Website is not setup to track, collect or distribute personal information. The Website does generate certain kinds of non-identifying Website usage data, such as number of hits and visits to the Website. This information is used for internal purposes only. The statistics contain no personal information and cannot be used to gather such information.

The Website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website, our services, or other websites you visit.

OTHER PROVISIONS.

OUR RELATIONSHIP. You agree that no joint venture, partnership, or employment relationship exists between you and K Studio as a result of these Conditions of Use, the Activities, your use of the Website, or our other interactions with you.

EXAMPLES SOMETIMES USED; NON-RELIANCE ON SAME. We may use representative examples of persons, locations, events, etc., and these are used as examples only as opposed to being actual iterations of the same. Until and unless we clearly inform you in writing that a particular item applies to you and your Activities, you shall not rely on the examples provided. 

COMPLIANCE WITH LAWS. Our performance of these Conditions of Use is subject to existing laws and legal process, and nothing contained in these Conditions of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Activities or the information provided to or gathered by us with respect to such use. 

LIMITATIONS ON TIME TO BRING CLAIMS. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Activities within one (1) year from the date on which such claim or action arose or accrued, or within the statute of limitations time period, whichever is shorter, or such claim or cause of action will be irrevocably waived. 

SEVERABILITY. If any part of these Conditions of Use is found to be invalid, illegal or unenforceable, that provision shall be deemed severable from these Conditions of Use and shall not affect the validity, legality and enforceability of the remaining provisions. You and we agree that if a court of law or other applicable body with jurisdiction is willing to do so, it may modify these Conditions of Use if doing so is necessary to effectuate the overall intent of these Conditions of Use. 

NO WAIVER OF ENFORCEMENT. K Studio’s failure or delay in enforcing any provision of these Conditions of Use at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. 

ENTIRE AGREEMENT. These Conditions of Use (and any other terms and conditions referenced herein) constitute the entire agreement between you and K Studio with respect to the Activities and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and K Studio with respect to the matters covered or referenced herein. Regardless of the above language, however, any explicit and specific other agreements between you and us which are formally acknowledged by you and us to apply to our relationship will not be disregarded. 

ACCEPTABLE FORMAT. A printed version of these Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

RESERVATIONS OF RIGHTS. Any rights not expressly granted herein are reserved.

DISPUTES. You and we stipulate that the laws of the State of Tennessee shall apply to any disputes regarding or relating to any claims or disputes between you and us. You and we agree that we must first make thorough, good faith attempts to informally resolve any disputes between us or related to these Conditions of Use. If we are collectively unable to do so within sixty (60) days of the dispute arising, then any such dispute must be resolved by way of mandatory, binding arbitration instead of litigation in the formal court system, with a possible, limited exception if emergency equitable relief must be sought before arbitration has been initiated. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis much of the same damages and relief as a court. Should there be a claim or other legal dispute between us, each side shall bear his or her own attorneys’ fees, the filing party shall pay any filing fees, and you and we shall evenly split the costs and fees owed to the arbitration company and/or the arbitrator.  

Arbitrations will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA Consumer Rules, unless otherwise stipulated by you and by us. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879, with said contact information perhaps changing over time. Any dispute resolution procedures must take place in Williamson County, Tennessee. 

Before initiating an arbitration proceeding, you must send a certified letter describing your claims and your intent to initiate arbitration to K Studio at _________________________________________________. A party requesting arbitration must also provide a copy of the request to the AAA online at www.adr.org or to the AAA office in, near, or responsible for Williamson County, Tennessee.

Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and Federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction. 

QUESTIONS OR CONCERNS

If you have any questions about these Conditions of Use, please contact us at katiebarnesfitness@gmail.com or Corecentrix Inc., 188 Front Street, Suite 116-44, Franklin, Tennessee 37064-5078.