Welcome to kickgearpro.
kickgearpro Inc. (“kickgearpro”, “we”, “us”, “our”) operates the website located at kickgearpro.com (the “Site”). Your access to and use of the Site and any information, tools, and services made available here (collectively, the “Services”) are conditioned on your acceptance of these Terms of Service (the “Terms”), as well as any additional policies referenced herein or linked by URL.
IMPORTANT: Section 25 contains a mandatory arbitration clause requiring individual arbitration and limiting available remedies for certain disputes.
By visiting the Site and/or clicking to accept the Terms during checkout for any product purchases (the “Products”), you agree to be bound by these Terms. These Terms apply to all users of the Site, including browsers, vendors, customers, merchants, and content contributors. If you do not agree, you may not use the Site or the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
We may add new features or tools at any time; such additions are also subject to these Terms. The most current version is posted on this page, and your continued use after changes are posted constitutes acceptance of those changes.
We grant you a personal, limited, non-exclusive, non-transferable license to access and use the Site. We may, at our sole discretion and without notice, modify, suspend, or discontinue any aspect of the Site/Services and impose limits or rules on use. Your continued use constitutes acceptance of any such changes.
Section 1 – Use of Site
You may use the Site only for personal, noncommercial purposes and in accordance with these Terms. You are responsible for your communications and any content you transmit or post. Any other use requires prior written consent from kickgearpro. You may not copy, distribute, modify, sell, publish, or create derivative works from Site content without written permission.
Prohibited activities include (without limitation):
- Infringing others’ intellectual property, publicity, or privacy rights.
- Harassing, threatening, stalking, or otherwise abusive conduct.
- Posting false, inaccurate, or non-yours content.
- Using or attempting to use another user’s account without authorization.
- Interfering with or degrading the Site/Services (e.g., overloading, disrupting, disabling).
- Violating any law or regulation or engaging in criminal/civilly liable conduct.
- Attempting to bypass security/authentication or gain unauthorized system access.
- Using the Site to drop-ship to third parties; bulk purchases for resale; commercial retail distribution; or shipments/use outside the United States.
- Maintaining more than one account per household.
Automated scraping, spiders, robots, data-mining, or bulk extraction/manipulation are prohibited. You may not frame the Site or resell access without written consent.
Section 2 – Not for Minors
The Site is not intended for users under 18. By using the Site, you represent that you are 18+, a U.S. legal resident, not previously suspended/removed, have no more than one kickgearpro account, and have authority to agree to these Terms. We may terminate access upon suspicion of ineligibility or violation. Any breach of the Terms may result in immediate termination.
Section 3 – Fraud Protection
We may screen orders for fraud/unauthorized/illegal activity and may refuse, cancel, or restrict orders, accounts, or shipments we deem suspicious. We may contact you at the phone/email provided to confirm orders. These measures protect customers and kickgearpro.
Section 4 – Trial Offers
From time to time, kickgearpro may offer free trials where legally permitted. Specific terms will be provided at sign-up.
Section 5 – Accuracy, Completeness & Timeliness
Site content is provided for general information and may not always be accurate, complete, or current. Descriptions, images, specs, prices, and availability are subject to change without notice. Certain measurements are approximate. Availability is not guaranteed. You are responsible for complying with applicable laws (including minimum age) regarding receipt, possession, use, and sale of items purchased.
We may include historical information for reference only and have no obligation to update content. You agree to monitor changes.
Section 7 – Modifications; Pricing; Availability
Prices may change without notice. We may modify or discontinue the Services at any time. We may (with or without notice): limit quantities; discontinue any product; set conditions on coupons/promos; bar users from transactions; or refuse service.
We may display comparison prices (e.g., strikethrough) referencing regular prices for identical or similar products sold by others or previously by us. Because pricing elsewhere changes, comparison prices are illustrative only. Contact us for details if needed.
Some items may be available exclusively online with limited quantities and are subject to the Return Policy. We do not warrant that quality will meet expectations or that errors will be corrected.
Section 8 – Billing & Account Information
You agree to provide current, complete, and accurate account and payment information and to promptly update email, card details (including expiration), and shipping address. One account per household. We may cancel accounts and/or modify orders if multiple accounts/discounts violate these Terms. We reserve the right to limit or refuse any order (including per person/household/order limits). If we change or cancel an order, we may notify you at the email/billing address/phone provided.
You represent you have legal right to use any payment method. By submitting payment info, you authorize kickgearpro to share it with third parties to process your Transactions. You agree to pay all charges incurred (including shipping/handling and applicable taxes).
Section 9 – Additional Terms
Additional terms may apply to specific products, programs, shipping/returns, reviews, or referral offers (collectively, “Additional Terms”), which are incorporated by reference. If there’s a conflict, Additional Terms control.
Section 10 – Optional Tools
We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Use is at your own risk and subject to the third party’s terms.
Section 11 – Third-Party Links
The Services may link to third-party sites/products/services not owned/controlled by kickgearpro. You assume all risks when using them. We are not responsible for third-party content, accuracy, policies, or practices. Your dealings with third parties are solely between you and them. By using the Services, you release kickgearpro from claims arising out of such dealings or disputes (including the California Civil Code §1542 waiver as applicable).
Section 12 – User Content & Feedback
If you submit ideas, suggestions, proposals, plans, or other materials (“Comments”), you grant kickgearpro a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, edit, publish, translate, distribute, and display such Comments in any media, without obligation to compensate or respond. You represent you have rights to submit such Comments and that they do not infringe or contain unlawful/abusive/obscene content or malware. You are responsible for your Comments and activity.
Section 13 – Copyright Infringement (DMCA)
We follow the DMCA policy to remove or disable access to allegedly infringing content and to terminate repeat infringers.
DMCA Agent: {Name / Title} — {Email / Address}.
Provide the required DMCA notice details (signature, identification of works/materials, location, contact info, good-faith statement, and perjury statement). Counter-notices must include the required counter-notice elements. We may restore material unless the copyright owner files an action within the statutory period.
Section 14 – Trademarks
“kickgearpro”, the kickgearpro logo, and related names, logos, and slogans are trademarks of kickgearpro and may not be used without written permission. Site “look and feel” is protected trade dress. Other marks belong to their owners. Reference does not imply endorsement.
Section 15 – Personal Information
Your submission of personal information is governed by our Privacy Policy. We do not knowingly collect data from children under 13 (COPPA). If you believe a child has provided information, contact {privacy email}.
Section 16 – Errors, Inaccuracies & Omissions
From time to time, Site/Service content may contain typographical errors or inaccuracies (e.g., descriptions, pricing, promotions, shipping charges, transit times, availability). We reserve the right to correct or update and to cancel orders affected by such errors at any time without prior notice.
Section 17 – Samples
kickgearpro may offer product samples/discounts or partner promotions. Eligibility may require membership and personal information. One sample per household. We may suspend/terminate accounts for violations. Samples may be tied to a Free Trial (see Section 5).
Section 18 – No Professional Advice
Information on the Site (e.g., descriptions, blogs, videos) is informational only and not a substitute for professional advice. Always read and follow product labels, inserts, and manufacturer instructions.
Section 19 – Taxes
Your total price includes applicable sales/use taxes based on the shipping address and prevailing rates. We collect taxes in jurisdictions where required. Certain state notices (e.g., Kentucky use tax) may apply; see your state revenue agency for filing instructions.
Section 20 – Prohibited Uses
In addition to other prohibitions in these Terms, you may not use the Site/Services for unlawful purposes; to infringe IP; to harass/defame/discriminate; to submit false information; to upload viruses/malware; to collect personal info; to spam/phish/scrape; for obscene/immoral purposes; or to circumvent security. We may terminate access for violations.
Section 21 – Disclaimers; Limitation of Liability
The Services, Site content, and Products are provided “AS IS” and without warranties of any kind (express or implied), including merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted/error-free operation. Some states do not allow limitations on implied warranties, so some limitations may not apply.
To the fullest extent permitted by law, kickgearpro shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or lost profits/goodwill/data, arising from or related to the Services/Products/Terms. In no event shall kickgearpro’s aggregate liability exceed the greater of $100 or the amounts you paid to kickgearpro for the Services in the preceding 12 months. These limitations do not limit liability for personal injury/property damage directly and proximately caused by Products you purchase, or for fraud, gross negligence, or willful misconduct.
Section 22 – Indemnification
You agree to indemnify, defend, and hold harmless kickgearpro and its affiliates, officers, employees, agents, and partners from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of (a) your illegal use of the Services, (b) your breach of these Terms, (c) your defamatory/infringing content, or (d) your violation of third-party rights.
Section 23 – Assignment
You may not assign or transfer these Terms or your account without kickgearpro’s written consent. We may assign/transfer these Terms and our Privacy Policy without consent.
Section 24 – Termination
Obligations accrued prior to termination survive termination. Account termination may result in deletion of content associated with your account. We may terminate or suspend access at any time for violations; you remain liable for amounts due up to the termination date.
Section 25 – Dispute Resolution & Arbitration
PLEASE READ CAREFULLY: Except for limited exceptions (e.g., IP injunctions, small-claims actions), you and kickgearpro agree to resolve disputes by binding, individual arbitration and waive jury trial and class actions.
Notice & Informal Resolution: Each party will give written notice of any dispute within 30 days of its accrual, with a good-faith effort to resolve informally.
Arbitration: Conducted confidentially under JAMS Streamlined Arbitration Rules before a single arbitrator with commercial experience. Judgment may be entered in any court of competent jurisdiction. Venue/jurisdiction for purposes of this Agreement: {County/State}.
The arbitrator may not conduct class/representative proceedings or consolidate claims.
If any portion of this Section is deemed invalid, it shall be enforced to the minimum extent permitted; the remainder remains in effect.
Opt-Out: You may opt out of binding arbitration within 30 days of first accepting this Section by writing to: {kickgearpro mailing address} with your full name and email, clearly stating your intent to opt out. If you opt out, disputes will be resolved under Section 26.
Section 26 – Governing Law & Venue
These Terms and your relationship with kickgearpro are governed by the laws of {State}, without regard to conflicts principles. Any dispute not subject to arbitration/small-claims shall be resolved in the state or federal courts located in {County, State}. The Federal Arbitration Act applies to enforceability.
Section 27 – Miscellaneous
No waiver of any right is a continuing waiver. If any provision is held invalid, it will be limited to the minimum extent necessary, and the remainder remains enforceable. These Terms are the entire agreement between you and kickgearpro and supersede prior understandings. No agency/partnership/joint venture/employment is created. No third-party beneficiaries are intended.