TERMS OF USE
AGREEMENT TO TERMS
The following Terms of Use (“Terms”) constitute a binding legal agreement between you, on the one hand, and Kindred Logistics, LLC dba Kindred Kids (collectively, “Kindred Kares”, “we”, “us”, or “our”), on the other hand. These Terms govern your access to and use of any Kindred Kares website, mobile applications (each, an “Application”), content, products, and related services (collectively, the “Kindred Kares Platform”). READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND KINDRED KARES.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
These Terms incorporate by reference our Kindred Kares Community Guidelines, Pricing and Payment Terms, state and local disclosures, Zero Tolerance Policy, Drug and Alcohol Testing Policy, and any other pages incorporated herein by reference. For more information, please visit our website at www.KindredKares.com.
1. Right to Modify Terms. PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY KINDRED KARES IN ITS SOLE DISCRETION AT ANY TIME. Kindred Kares reserves the right to modify these Terms, and such modifications shall be binding on you upon your acceptance of the modified Terms. Continued use of the Kindred Kares Platform to arrange for and/or provide “Services” (defined below) after any such modifications shall constitute your consent to such modifications. Unless material changes are made to the arbitration provisions herein, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable). Kindred Kares also reserves the right to modify any information contained in any pages incorporated herein by reference or any information referenced in any of the hyperlinks set forth in these Terms, and such modifications shall become effective upon posting.
2. The Kindred Kares Platform.
a. Generally. Kindred Kares is a Transportation platform which enables Users to connect, arrange for, and schedule rides for minors and other eligible riders, and provide Services directly to other Users. “Users” refers to and includes (i) employees who use an approved vehicle to provide transportation services (“KindredDrivers”); (ii) “Organizers” (including parents/guardians) and “Enterprise Customers” (including schools, districts, nonprofits and government entities) who need transportation for (a) family members, (b) members of other account-holders’ family, (c) students, (d) clients, and/or (e) other riders for whom they are legally authorized to arrange rides (collectively, “Riders”). Organizers and KindredDrivers are free to use the Kindred Kares Platform to communicate and with one another.
b. Organizers and Riders. Each Organizer will need to create an account in order to access or use the Kindred Kares Platform. As an Organizer, you have the ability under your account to add Riders for whom you will be arranging Services and to provide certain information about such Riders. For each Rider that you add to your account, you represent and warrant that you have all authorizations, consents, and approvals to provide any information you submit about such Rider. Riders may be added to more than one account (e.g., a parent/guardian and school account).
c. Carpool. Shared rides (a “Carpool”) are available through the Application. To initiate a Carpool, an Organizer must invite at least one other Organizer to join the ride. Organizers can set up a single Carpool or recurring Carpools. Each Organizer, as applicable, is responsible for their portion of the fare upon completion of the ride. Organizers can accept multiple Carpools invitations. For more information on Carpools, please call 832-761-5087 to arrange.
d. Additional Features. We are always looking for ways to improve our Platform and may add, change, or remove features or offerings at any time.
3. Requirements for Use of the Kindred Kares Platform. In order to use the Kindred Kares Platform, you warrant your understanding and agreement to all of the following requirements:
a. All users who are minors in the jurisdiction in which they reside (Generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
b. You must create an account on our website or mobile application (under construction). You agree not to create more than one account as an Organizer. You must not use a false identity or provide any false information to create your account. You may not create an account for someone else unless you have the legal authority to do so. You shall have no ownership or other property interest in your account.
c. You must safeguard your username and password information. You may not share this information with anyone else and are responsible for all activity under your account. You agree that you shall monitor your account to restrict use by minors and you shall not allow your children to use your account.
d. You agree to provide and maintain true, accurate, current and complete information about yourself at all times that you use the Platform and as may be required by Kindred Kares.
e. Kindred Kares reserves the right to remove or reclaim any usernames at any time and for any reason.
f. You must provide all equipment and software necessary to connect to the Kindred Kares Platform, including but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for any expenses or fees, including Internet connection or mobile fees that you incur when accessing the Application.
g. You must treat all information about Users, including profile information about KindredDrivers, Organizers, and Riders, and other “User Submissions” (defined below) as confidential information. You may use this information only for the purpose of participating in the Services you arrange for, using the Kindred Kares Platform. You may not otherwise share this information with any third party.
h. You acknowledge and agree that we will record calls placed or received via the Application (such as between KindredDrivers and Organizers) and such calls will be recorded and stored by us. BY ACCEPTING THE TERMS AND PLACING OR ANSWERING A CALL THROUGH THE APPLICATION YOU EXPLICITLY CONSENT TO KINDRED KARES RECORDING AND STORING SUCH PHONE CALL. IF YOU DO NOT CONSENT TO SUCH RECORDING, DO NOT PLACE OR ANSWER ANY CALL THROUGH THE APPLICATION.
4. Mobile Application (under construction).
a. Subject to your compliance with these Terms, Kindred Kares grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely to access the Platform for your own internal purposes.
b. The following applies to any Apple iOS Application:
(i). You acknowledge and agree that (a) these Terms are concluded between you and Kindred Kares only, and not Apple, and (b) Kindred Kares, not Apple, is solely responsible for the Apple iOS Application and content thereof. Your use of the Apple iOS Application must comply with the Apple Media Services Terms and Conditions.
(ii). You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple iOS Application.
(iii). You and Kindred Kares acknowledge that, as between Kindred Kares and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple iOS Application or your possession and use of the Apple iOS Application, including, but not limited to: (1) product liability claims; (2) any claim that the Apple iOS Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
(iv). You and Kindred Kares acknowledge that, in the event of any third party claim that the Apple iOS Application or your possession and use of that Apple iOS Application infringes that third party’s intellectual property rights, as between Kindred Kares and Apple, Kindred Kares, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
(v). You and Kindred Kares acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the Apple iOS Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Apple iOS Application against you as a third party beneficiary thereof.
(vi). Without limiting any other provision of these Terms, you must comply with all applicable third party terms of agreement when using the Apple iOS Application.
c. The following applies to any Application accessed through or downloaded from the Google Play Store (“Google-Sourced Application”): (i) you acknowledge that these Terms are between you and Kindred Kares only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Application must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Application; (iv) Kindred Kares, and not Google, is solely responsible for its Google-Sourced Application; (v) Google has no obligation or liability to you with respect to Google-Sourced Application or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Kindred Kares’s Google-Sourced Application.
d. Certain software code incorporated into or distributed with the Application may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under Section 3(a) and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
e. As a Transportation Platform, we provide transportation services to Organizers. For the Platform to work, we need to collect your location information. KindredDrivers’ location information and distance travelled is necessary to calculate charges for rides and for insurance.
f. You understand that the Kindred Kares Platform is evolving. As a result, Kindred Kares may require you to accept updates to the Application or other software that you have installed on your computer or mobile device. You acknowledge and agree that Kindred Kares may update the Application with or without notifying you. You may need to update third party software from time to time in order to use the Platform or Application.
5. Communication from Kindred Kares. By entering into these Terms or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automated telephone dialing systems. Communications from Kindred Kares and other Users, including KindredDrivers and Organizers, may include but are not limited to: improving or using the Platform, operational communications concerning your account or the Services you provide or receive, updates concerning new and existing features relating to the Platform, communications concerning promotions run by us or our third-party partners, and news concerning Kindred Kares and industry developments. We do not charge for this feature. However, any standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY REPLY “STOP” TO A KINDRED KARES TEXT MESSAGE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES OR THE SERVICES.
IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM KINDRED KARES (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN REPLY “STOPALL” TO A KINDRED KARES TEXT MESSAGE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT BY OPTING OUT OF RECEIVING ALL CALLS OR TEXTS YOU WILL NO LONGER BE ABLE TO USE THE SERVICES, AS SUCH COMMUNICATIONS ARE NECESSARY FOR PROVIDING THE SERVICES. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR MOBILE SERVICE OPERATOR.
6. Intellectual Property
a. Except for User Submissions (defined below) and third party content, the Platform, including text, software, graphics, photos, interactive features and other content and the trademarks displayed on the Platform, including the Kindred Kares Application and website, are owned by Kindred Kares and its licensors and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. Subject to these Terms, and unless otherwise specified by Kindred Kares in a separate license, Kindred Kares only grants you a limited license to reproduce portions of the Kindred Kares Platform for your internal use.
b. The rights granted to you by these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Kindred Kares Platform or any portion of the Kindred Kares Platform; (ii) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other aspect of the Kindred Kares Platform, including without limitation any portion of the Kindred Kares website; (iii) you shall not use any metatags or other “hidden text” using Kindred Kares’s name or trademarks; (iv) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Kindred Kares Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Kindred Kares Application or website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Kindred Kares Application or website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vi) you shall not access the Kindred Kares Platform in order to build a similar or competitive website, application or service; (vii) except as expressly stated herein, no part of the Kindred Kares Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (viii) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any feature of the Kindred Kares Platform. Any future release, update or other addition to the Kindred Kares Platform shall be subject to the Terms. Kindred Kares, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Kindred Kares Platform terminates the licenses granted by Kindred Kares pursuant to the Terms.
c. In the event of any proven breach by you of any provision of this Section, you agree that Kindred Kares will be irreparably harmed as a matter of law and will be entitled to immediate injunctive relief against you prohibiting any continued use by you of the Kindred Kares Platform.
7. Prohibited Uses. You agree not to use, or direct others to use, the Kindred Kares Platform or Services in any manner that is prohibited by these Terms, including any manner that:
a. violates any law, statue, rule, permit, ordinance, or regulation;
b. causes any harm or injury to any person, including Riders;
c. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, vulgar, pornographic, obscene, offensive, or profane;
d. discriminates against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or any other characteristic protected by law;
e. violates Kindred Kares’s Zero Tolerance Policy, found here;
f. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
g. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
h. involves commercial activities and/or sales without Kindred Kares’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
i. impersonates any person or entity, including any employee or representative of Kindred Kares, and other KindredDrivers or Organizers;
j. interferes with or attempts to interfere with the proper functioning of the Kindred Kares Platform, or in any way not expressly permitted by the Terms; or
k. attempts to engage in or engages in, any potentially harmful acts that are directed against Kindred Kares, including but not limited to violating or attempting to violate any security features of the Kindred Kares Platform, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages created or maintained by Kindred Kares, introducing viruses, worms, or similar harmful code, or interfering or attempting to interfere with use of the Kindred Kares Platform or Services by any other User, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Kindred Kares Platform.
8. User Submissions. The Kindred Kares Platform may enable you to post, upload, e-mail, transmit or otherwise make available, your own content, information, data or materials (“User Submissions”). User Submissions are the sole responsibility of the party from whom such User Submissions originated. You grant us a non-exclusive, fully-paid, world-wide, transferable, perpetual, irrevocable, royalty-free license, with the right to grant sublicenses, to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use your User Submissions in any manner, in any medium, for any purpose in connection with the Kindred Kares Platform, website or Application. You acknowledge and agree that you have no expectation of compensation, privacy, or confidentiality with respect to any User Submission. User Submissions may be available to other Users (such as KindredDrivers and Organizers). We may refuse or remove User Submissions at any time. You represent and warrant that you own all rights in your User Submissions or you have acquired all necessary rights in your User Submissions to enable you to grant Kindred Kares the rights in your User Submissions described above. We have no obligation to pre-screen User Submissions or any other content on the Kindred Kares Platform, although we reserve the right in our sole discretion to pre-screen, refuse or remove such content.
9. Feedback. Kindred Kares is continually looking to improve its Platform and encourages Users to provide feedback about their experience using the Platform and the Services that Users provide or arrange for through the Application or website. All Users consent to feedback from other Users. Feedback on KindredDrivers may be shared with KindredDrivers and may be used for any purpose without attribution, accounting or compensation to you. We de-identify the feedback, but we can’t rule out that a User may be able to identify the individual or entity that provided the feedback.
10. Third Party Websites and Service Providers. As a part of the Kindred Kares Platform, you may have access to materials that are hosted by another party (including the maps referenced above in Section 4(g)). You agree that it is impossible for Kindred Kares to monitor such materials and that you access these materials at your own risk. The Kindred Kares Platform may provide information from and links to third party websites and applications (“Third Party Websites”) and advertisements for third parties (collectively, “Third Party Websites & Ads”). When you click on a link to any Third Party Websites & Ads, we will not warn you that you have left our website or Application and are subject to the terms and conditions (including privacy policies) of another website, application or destination. Such Third Party Websites are not under the control of Kindred Kares. Kindred Kares is not responsible for any Third Party Websites & Ads. Kindred Kares provides these Third Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites & Ads, or their products or services. You use all links in Third Party Websites & Ads at your own risk. When you leave our website or Application, our Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
11. Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE KINDRED KARES PLATFORM, INCLUDING ANY SERVICES PROVIDED BY KINDREDDRIVERS, IS AT YOUR SOLE RISK, AND THE KINDRED KARES PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, WHETHER KNOWN OR UNKNOWN. KINDRED KARES AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COVERED PARTIES”) DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). THIS PROVISION ALSO APPLIES TO, WITHOUT LIMITATION, ANY BOOSTER SEATS THAT MAY BE PROVIDED BY KINDRED KARES OR KINDREDDRIVERS OR THE INSTALLATION OF SUCH BOOSTER SEATS BY KINDREDDRIVERS. THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE KINDRED KARES PLATFORM OR FOR THE CONDUCT OR PERFORMANCE OF THE KINDREDDRIVERS, ORGANIZERS, RIDERS, ENTERPRISE CUSTOMERS OR OTHER USERS.
USERS ARE NOT COVERED PARTIES WITHIN THE MEANING OF THESE TERMS. WE DO NOT CONTROL, OR HAVE THE RIGHT TO CONTROL USERS EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE OR ANY APPLICABLE SUPPLEMENTAL TERMS OR AS REQUIRED BY APPLICABLE STATE AND/OR FEDERAL LAW, REGULATION, OR ORDINANCE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF OR PERFORMANCE OF SERVICES PROVIDED BY KINDREDDRIVERS. WE DO NOT GUARANTEE ORGANIZERS THAT ANY RIDE REQUEST WILL BE ACCEPTED BY KINDREDDRIVERS OR THAT KINDREDDRIVERS WILL RECEIVE ANY PARTICULAR NUMBER OF RIDE REQUESTS BY ORGANIZERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COVERED PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY USERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE DO NOT REPRESENT OR ENDORSE, AND SHALL NOT BE RESPONSIBLE FOR YOUR ABILITY OR INABILITY TO ARRANGE FOR OR PROVIDE SERVICES USING THE KINDRED KARES PLATFORM. KINDRED KARES SHALL NOT BE LIABLE FOR ANY DELAY IN OR FAILURE TO PERFORM ANY SERVICES.
12. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COVERED PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COVERED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO YOUR USE OF THE KINDRED KARES PLATFORM OR SERVICES. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOUR RIDE REQUESTS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, OR (Ii) ONE THOUSAND DOLLARS ($1000.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COVERED PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COVERED PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COVERED PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE FOREGOING LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
13. Indemnity. You agree to indemnify and hold harmless the Covered Parties against any and all claims, damages, losses, costs, liabilities, and expenses or fees (including reasonable attorneys’ fees), of any kind, relating to or arising out of: (i) your use of the Kindred Kares Platform or Services; (ii) your (or in the case of Organizers, your Riders’) violation or breach of any provision of these Terms, the KindredKares Rules, or any applicable law or regulation, whether or not referenced herein; (iii) your violation of any rights of any third party; (iv) your use of, or inability to use, the Kindred Kares Platform to arrange for or provide Services, or for any reason. Kindred Kares reserves the right, at its sole discretion and expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kindred Kares in asserting any available defenses. This provision does not require you to indemnify any of the Covered Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Kindred Kares Platform. You agree that the provisions in this section will survive termination of your User account, the Terms, or your access to the Kindred Kares Platform.
14. State and Local Disclosures. Certain jurisdictions require additional disclosures to you. It is your responsibility to know and follow any local or state-specific disclosures that may apply to you. You can view disclosures required by your local jurisdiction here. Failure to abide by such disclosures may result in the temporary or permanent deactivation of your User account. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
15. Term and Termination. These Terms may be terminated by User, without cause, upon seven (7) days’ written notice to Kindred Kares, or by either Party immediately, without notice, upon the other Party’s material breach of the Terms, including but not limited to any breach of Section 7 or 18(a) – (t) of the Terms. In addition, Kindred Kares may terminate the Terms or deactivate your User account immediately in the event (i) you no longer qualify to provide or arrange for Services or operate under applicable law, ordinance, permit, or regulation; (ii) Kindred Kares has the good faith belief that such action is necessary to protect the safety of the Kindred Kares community or third parties; or, (iii) you fall below any applicable User rating, safety score, or cancellation threshold. In the event of deactivation pursuant to (i)-(iii) above, you will be given notice of the potential or actual deactivation and an opportunity to cure the breach. If the breach is cured in a timely manner and to Kindred Kares’s satisfaction, your account and the Terms will not be permanently deactivated. You may not use the Kindred Kares Platform after your account has been deactivated unless expressly authorized by Kindred Kares. Sections 2, 4(f), 5, 6, 8, 11-13, and 15-18 shall survive any termination or expiration of the Terms.
DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH KINDRED KARES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS CHAPTER 171 OF THE TERMS SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
a. Agreement to Binding Arbitration Between You and Kindred Kares.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Harris County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Harris County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
b. Restrictions.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
c. Exceptions to Arbitration.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
DISPUTE RESOLUTION
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Kindred Kares LLC
8000 Research Forest Drive Ste 115 PMG 1142
The Woodlands, TX 77382 United States
Phone: 832-761-5087
admin@kindredkares.com