Terms and Conditions
Last Updated: January 1st, 2024
If you're looking for warranty information, see Kabata Limited Warranty.
By purchasing a new Kabata dumbbell set from Kabata, Inc. (“Kabata”), or from a Kabata-authorized reseller, you or a giftee are agreeing to be bound by these Terms & Conditions of Sale (“Terms & Conditions”) and the terms of the warranty described in the Kabata Limited Warranty included with your purchase. Note that we reserve the right to change these Terms & Conditions at any time. Please read these carefully. These Terms & Conditions do not apply to purchasers who have a separate written contract with Kabata. A “giftee” is an individual who received a new Kabata dumbbell set as a gift from the original purchaser; the giftee is considered the owner of the original membership attached to that Product. These Terms & Conditions are not applicable to any apparel, housewares or other goods sold on kabatafitness.com or items sold on the website of a Kabata-authorized reseller.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER WITH KABATA, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT IN CONNECTION WITH THE PURCHASE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF AND ANY SUCH ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION TO PURCHASE AND USE KABATA’S PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU MUST NOT PURCHASE KABATA’S PRODUCTS.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction or consult your own legal counsel. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that any of the limitations set out above do not apply, all remaining aspects survive.
YOUR USE OF KABATA’S PRODUCT
You must be at least 15 years old to use Kabata’s dumbbell set (collectively, “Product”) and to establish an account on the Kabata service. The Product is offered and intended only for your personal use, and not for the use or benefit of any third party. Minors who are at least 15 years old who can safely fit and use the Product may do so with parent/guardian consent and supervision and provided that their parent/guardian waives and releases Kabata for any such use. All individuals under the age of majority (a minor) must have permission to participate from a parent or legal guardian who will provide supervision. If you are a parent or legal guardian of a minor using the Product, you are subject to these Terms & Conditions and responsible for that minor’s activity with the Product and their interactions with the Kabata service.
Notwithstanding anything in these Terms & Conditions to the contrary, any software embedded in the Product (“Software”) is licensed (and not sold) to you and is subject to the Kabata Terms of Service. Subject to the terms of these Terms & Conditions, Kabata grants to you a limited, nonexclusive, nontransferable, revocable license to use the Product’s Software, solely in executable form, solely as embedded in the Product, solely for your internal, non-commercial use in connection with your use of the Product. You may not copy, reproduce, modify, create derivative works from, translate, publish, broadcast, synchronize, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose the Software. You acknowledge that the Software contains copyrights, patents, trade secrets and/or other intellectual property (“Intellectual Property”) of Kabata, and, in order to protect such Intellectual Property, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, Kabata reserves all rights, including Intellectual Property rights and all associated goodwill, and licenses in and to the Software not expressly granted to you under these Terms & Conditions.
Kabata’s Product pricing, features and the availability of the Product can change at any time without notice. Prices indicated are in U.S. dollars and we will indicate to you other applicable shipping charges and taxes prior to your purchase. In addition to the Product purchase price, you are responsible for paying such charges and taxes. Any subscription or membership fees are separate from the Product purchase price; see the Kabata Terms of Service for more details on membership fees. By your purchase, you agree to indemnify and hold Kabata harmless from and against any liabilities, interest, penalties or fees arising from a failure to pay any such charges or taxes.
The Product is not offered or intended for sale outside of the United States. Kabata will not ship any Product outside of the United States, and you will be solely and completely responsible for any purchase or use of the Product outside of the United States. To the extent permitted by applicable law, Kabata will not accept responsibility or liability associated with any loss, damage, or other injury caused by your purchase or use of the Product outside of the United States. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined or in which the Product is used. We are not liable or responsible if you violate any such law(s).
Title to the Product and risk of loss will pass to you upon delivery of the Product to a carrier. You acknowledge that all scheduled shipment dates are estimates only. Kabata will make commercially reasonable efforts to meet the scheduled shipment dates, but in no event will Kabata be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
Any estimated arrival or delivery date provided by Kabata is not a guarantee. Although Kabata will make commercially reasonable efforts to meet estimated delivery dates, delivery of the Product may take more or less time than estimated and Kabata disclaims any loss, damage, or injury resulting from a delay in arrival or delivery. Deliveries that are refused may be returned to us, and it may take up to 45 days for returned Products to be processed for any potential refund or replacement.
If for any reason you are not satisfied with the Product, you can return the Product within 30 days of delivery of the Product for a full refund. Proof of purchase must accompany the return. No refunds will be issued 30 days after the date of delivery of the Product.
To initiate a refund and to arrange for a return, contact Kabata via email@example.com. You will receive a refund of the Product purchase-price and taxes you paid for the Product, excluding any fees paid for shipping and delivery of the Product. If the Product is returned in damaged condition or with missing parts, you may be charged an additional fee or not receive a full refund. We will process the refund due to you as soon as possible.
RESALE NOT AUTHORIZED
Purchase of Product for the purpose of resale of or intent to sell the Product to third parties, other than by authorized resellers approved by Kabata, is not authorized by Kabata. The Product is intended for use by you, the purchaser or giftee, and your single household, only.
THIRD PARTY SOFTWARE AND APPLICATIONS
You agree not to download and/or install any third-party software and/or applications on any Kabata hardware that are not expressly authorized by Kabata. The unauthorized downloading and/or installing of any such third-party software and/or applications is at your own risk and may void any applicable warranty, including the Kabata Limited Warranty, and Kabata disclaims all responsibility for any damage or injury that may result.
These Terms & Conditions are governed by the laws of the State of California, United States of America (including federal arbitration law), without regard to its principles of conflicts of law, and regardless of your location. If any dispute or claim between you and Kabata is not subject to arbitration pursuant to the Arbitration Section below, then the state and federal courts located in the County of Los Angeles County, California, will have exclusive jurisdiction. You and Kabata waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
ARBITRATION CLAUSE & CLASS ACTION WAIVER
(the “Arbitration Section”)
Disputes that must be Arbitrated. The terms of this Arbitration Section apply to all Disputes between you and Kabata. “Dispute” means any disputes or claims (excluding those exceptions listed below) arising out of or related to these Terms & Conditions, the Products or any aspect of the relationship between you and Kabata, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including, without limitation, disputes or claims arising out of or relating to interpretation, application, enforceability, revocability or validity of these arbitration terms.
The terms of this Arbitration Section do not apply to the following exceptions: (a) claims that qualify for small claims court, (b) claims exclusively related to the intellectual property or intellectual property rights of you or Kabata, and (c) an action for injunctive relief in a court of law to preserve the status quo while an arbitration proceeds. Nothing in these Terms & Conditions will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us.
This Arbitration Section only applies to Disputes and does not prevent either party from taking unilateral actions they are entitled to take under these Terms & Conditions. This means, for example, that you can return a Product in accordance with the “Returns” section without needing to arbitrate the decision first. Likewise, Kabata may enforce these Terms & Conditions through actions like terminating or suspending your use of the Service at any time without needing to arbitrate the decision first. If you or Kabata believe that the other has made a mistake about what actions these Terms & Conditions allows them to take (e.g., you disagree with Kabata suspending or terminating your access to the Products), that disagreement is a Dispute to which the binding individual arbitration requirements in this Arbitration Section would apply.
Informal Dispute Resolution. If you have a Dispute with Kabata, we would like the opportunity to talk to you about it before you initiate an arbitration proceeding. You can send a notice of your Dispute to us at firstname.lastname@example.org or by certified mail to Kabata, Inc. (attn: Kabata Legal Department) at the mailing address: 12121 Wilshire Blvd, Suite 810, Los Angeles, CA 90025. In your notice, you should include your name, address, and other contact information, a description of the nature and basis of your dispute and the relief you are seeking. We hope you’ll try the informal dispute resolution process first, but you don’t have to before filing an arbitration action. Please read this Arbitration Section carefully as it affects your legal rights.
Agreement to Binding Arbitration. DISPUTES WILL BE RESOLVED SOLELY THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND KABATA AND YOU AGREE THAT KABATA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
Opt-Out of Arbitration Agreement. You may opt out of this agreement to arbitrate by emailing email@example.com with your first name, last name, address, and relevant membership account information within thirty (30) days of first accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.
Arbitration Procedures. Arbitration Procedures. Disputes may only be submitted to the American Arbitration Association (“AAA”) for resolution through binding arbitration in English before one arbitrator.
If you are a consumer, meaning you use the Products only for personal, family or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as amended by these Terms & Conditions, will apply to any arbitration between you and Kabata. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms & Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms & Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction.
Federal Arbitration Act. These Terms & Conditions affect interstate commerce, and the enforceability of this Arbitration Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms & Conditions, and the AAA rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KABATA WILL ONLY BRING DISPUTES OR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, THE PRODUCTS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND KABATA IN AN INDIVIDUAL CAPACITY AND SHALL NOT SEEK TO BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTIONS; CLASS ARBITRATIONS OR ANY OTHER KIND OF CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS. If this Waiver of Class or Consolidated Actions is found to be unenforceable or unlawful such that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction under the terms of the “Governing Law” section and not brought in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.
WARRANTIES AND DISCLAIMERS
As far as permitted by applicable law, and unless otherwise expressly noted in the Kabata Limited Warranty, the Product and all other products and services provided by Kabata are provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Your use of the Product is at your own discretion and risk. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment or disability that may prevent or limit your ability to use the Product or any Kabata services. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Product and any Kabata services solely in accordance with your personal physician’s advice.
You are solely responsible for any and all loss, liability, or damages resulting from any use of the Product, including injury, damage or loss to your person, other persons, your home, the Product, accessories to the Product, and all other items and pets in your home. Except where prohibited by applicable law, Kabata disclaims all and any such loss, liability, or damages.
LIMITATION OF LIABILITY
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) KABATA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF ENJOYMENT, LOSS OF PROFITS, USE OR DATA, OR OTHER INTANGIBLE LOSS, OR OTHER DAMAGES WHATSOEVER IN CONNECTION WITH THE PURCHASE, USE, INSTALLATION, REPAIR, MAINTENANCE, MODIFICATION, OR MOVEMENT OF THE PRODUCT OR PARTS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, KABATA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR OR A THIRD PARTY’S USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING BUT NOT LIMITED TO DATA, INTERNET OR SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PRODUCT IS TO STOP USING THE PRODUCT; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF KABATA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO KABATA FOR THE PRODUCT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS TERMS & CONDITIONS) ARE MADE FOR THE BENEFIT OF BOTH KABATA AND KABATA’S AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Kabata’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Kabata and you.
You agree to indemnify, defend, and hold harmless Kabata and its affiliates, and its and their shareholders, directors, officers, employees, investors, and agents, from and against all direct or indirect claims, damages, losses and costs that arise from or relate to your or third-party use of the Product or your violation of these Terms & Conditions.
These Terms & Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Kabata. If any provision of these Terms & Conditions is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms & Conditions and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms & Conditions without restriction. No waiver by either party of any breach or default under these Terms & Conditions will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms & Conditions shall be construed as if followed by the phrase “without limitation.” These Terms & Conditions, including any terms and conditions incorporated herein, is the entire agreement between you and Kabata relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Kabata relating to such subject matter. Without limitation, a printed version of these Terms & Conditions shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Failure or delay by us to enforce any of these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
Kabata will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. Kabata will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an act or event beyond our reasonable control, including acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, pandemic, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12121 Wilshire Blvd, Suite 810
Los Angeles, CA 90025