Last updated: 01/01/2023
Please read these terms and conditions carefully before using the https://thekindorf.com website operated by Kindorf LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Kindorf LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kindorf LLC.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Kindorf LLC.
Kindorf LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Kindorf LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation Of Liability
In no event shall Kindorf LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Kindorf LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].
1. Introduction
These Terms of Service (“Terms”) govern your use of the https://thekindorf.com website (the “Site”) operated by Kindorf LLC (“Kindorf”, “we” or “us”). Please read them carefully before using the Site. By accessing or using the Site, you signify that you have read, understand, and agree to be bound by these Terms as well as our Privacy Policy. If you do not agree, you may not use the Site.
Your use of the Site constitutes your acceptance of and compliance with these Terms which take effect on the date you first use the Site. We may change these Terms and will post notice of changes on the Site. Amended Terms are effective upon posting. We encourage you to review these Terms whenever you access the Site to stay informed of our policies and procedures.
2. Use of Site & Content
2.1 The content on the Site, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, and services (“Content”) and the trademarks, logos and service marks contained therein (“Marks”) are the exclusive property of Kindorf and its licensors and suppliers.
2.2 Kindorf grants you a limited license to access and use the Site and Content for personal use only. You may download, print or store portions of the Content you access on the Site for your personal use only.
2.3 Any use of the Site or Content other than as specifically authorized in these Terms is prohibited and will automatically terminate any rights granted to you herein. Unauthorized use may also violate applicable laws.
3. Acceptable Use Policy
3.1 You agree not to use the Site or Content:
(a) In any way that violates applicable law or infringes any third party’s rights including copyright, trademark, privacy, publicity or other proprietary rights.
(b) For any unlawful, invasive, infringing, obscene or criminal purpose.
(c) To harass, degrade, intimidate or otherwise be abusive to any individual or group.
(d) To spam, phish, pharm, pretext, spider, crawl, scrape or index the Site or Content.
(e) To transmit malicious code or compromise the security of the Site.
(f) To create liability for Kindorf or cause Kindorf to lose (in whole or in part) the services of its internet service providers or vendors.
3.2 You agree to comply with all applicable laws and regulations while using the Site. You are solely responsible for the knowledge of and adherence to any laws that apply to your use of the Site and access to or use of Content.
3.3 You agree not to:
(a) Upload, distribute or publish any unauthorized or unsolicited advertising, promotional materials, spam, junk email, chain letters, pyramid schemes or any other form of unauthorized solicitation.
(b) Transmit any data or information that contains viruses, Trojan horses, worms, time bombs or any other harmful programs.
(c) Modify, decompile, reverse engineer or otherwise alter Kindorf intellectual property.
(d) Upload or download files that you know or should know contain content that infringes third party’s intellectual property rights.
3.4 We reserve the right to terminate your access to the Site if we determine, in our sole discretion, that you have violated these Terms, including the Acceptable Use Policy.
4. Intellectual Property Policy
4.1 The trademarks, logos, service marks, trade names and trade dress displayed on the Site (collectively the “Marks”) are the registered and unregistered marks of Kindorf, its affiliates, licensors, suppliers or others. All rights are reserved.
4.2 All Content published or made available on the Site is the copyrighted work of Kindorf, its affiliates, licensors or suppliers or others and proprietary rights subsist in that Content. All rights reserved.
4.3 You may retrieve and display Content on the Site for personal use only. You are not permitted to publish, manipulate, distribute or otherwise reproduce any Content, in whole or in part, without the permission of Kindorf or the copyright owner. Images displayed on the Site are either the property of, or used with permission by Kindorf.
4.4 The use or posting of any Marks or Content on any other website, social media platform or other medium is prohibited without the express written consent of Kindorf or the copyright owner.
4.5 You may not use contact information provided on the Site to promote or advertise products or services to Kindorf’s contacts without express written permission.
4.6 You represent and warrant that you own or have necessary licenses to use any Content you submit, post or display on or through the Site. By submitting, posting or displaying Content, you grant Kindorf a worldwide, royalty-free, perpetual, irrevocable license to use your Content in connection with operating, promoting and improving the Site.
5. Comments Policy
5.1 We encourage open discussion and feedback about our products and services. Any ratings, reviews, comments, posts, images, videos or other submissions posted or submitted by you on or through the Site are non-confidential and may become public.
5.2 We have no obligation to monitor, edit or delete your ratings, comments and other submissions. However, we reserve the right to edit, delete, reject or remove postings at any time that we deem objectionable, offensive, contain profanity, violate these Terms or are otherwise inappropriate in our sole discretion.
5.3 By submitting content, you grant us a perpetual, non-exclusive, royalty-free, irrevocable license to publish, display, reproduce, modify, distribute, translate your content worldwide on the Site or our media channels. This allows us to promote and redistribute part or all of your comments for promotional purposes.
5.4 You represent and warrant that you have the right and authority to grant the license mentioned above. You will not submit any content protected by copyright, trademark, patent or any other proprietary right without permission of the owner. By submitting content referring to any third party, you also represent you have permission from that party to include their name, image, likeness, trademarks or material about them.
5.5 You are solely responsible for your comments, ratings, photos, profiles, videos and any other content you submit or post, so please use discretion. Content should be truthful. Don’t provide information you don’t want public or make false claims. You can update your account profile at any time.
5.6 You agree not to submit any false claims, disparage Kindorf or post content that is unlawful, harmful, obscene, irrelevant, repetitive or otherwise objectionable as solely determined by Kindorf. We reserve the right to terminate accounts and ban users who violate these standards.
6. Errors And Corrections
6.1 We do our best to provide complete, accurate, up-to-date information on the Site. However, information may occasionally be erroneous due to human error, technological glitches, or otherwise. We reserve the right to correct any errors, inaccuracies or omissions at our sole discretion.
6.2 We accept no liability for any loss or damage caused by erroneous Content. We encourage you to report any errors you find so that we can take corrective action. Please contact us via the email provided.
7. Affiliate Disclosure & Compensation
7.1 Portions of the Site may link to products or services offered by third parties. If you purchase certain products or services through those links, we may receive compensation or commission on those sales at no cost to you.
7.2 Any reviews, ratings or recommendations provided on third party products or services represent the independent opinions and experiences of our users. We do not recommend any specific third party provider unless expressly stated. The inclusion of a link does not imply endorsement of the linked site or service by us.
7.3 We attempt to provide accurate information, but we cannot guarantee the accuracy of pricing, product images, specifications, availability or any other information provided on the Site. Information may be changed or updated without notice. We encourage you to verify details directly with the vendor prior to purchase.
7.4 We do not independently confirm, validate or test third party products or services, nor endorse or affirm their quality, effectiveness, reputation or abilities. Use your best judgment when making decisions to purchase based on the information provided. Any use or purchase is at your own risk.
7.5 Click here for the full Affiliate Disclosure.
8. Use of Information
8.1 Any personal information you elect to provide to us, for example your name and email address, will primarily be used by us to provide services and information you have requested. We may also use this information for marketing purposes and to improve how we provide products and services.
8.2 We use cookies and tracking technologies to collect usage data from your browser or device for the purposes outlined in our Privacy Policy.
8.3 Please refer to our full Privacy Policy for details regarding the manner in which we collect, use, disclose and otherwise manage your personal information.
9. Disclaimers
9.1 YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KINDORF DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND REGARDING THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2 KINDORF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. KINDORF MAKES NO WARRANTIES TO MAINTAIN ANY INFORMATION OR CONTENT MADE AVAILABLE ON THE SITE.
9.3 We provide information on the Site for general informational purposes only. None of the information should be construed as legal, financial or medical advice of any kind. You should consult an appropriate professional for specific advice tailored to your situation.
9.4 Reference on the Site to any products, processes, services or other information by trademark, trade name or otherwise does not constitute endorsement or recommendation of those items by us.
9.5 We do not make any warranties, express or implied, with respect to Third Party content, products or services referenced on the Site or accessible through links found on the Site. We do not monitor or investigate third party websites. You should use caution and common sense when considering purchasing products or services from any third party.
9.6 The information contained on the Site does not constitute an offer to buy or sell products or services or result in any binding contract, agreement or terms of use.
10. Limitation of Liability
10.1 In no event shall Kindorf be liable for any direct, indirect, punitive, incidental, special consequential damages arising out of or connected with the use of this site including without limitation, damages for loss of profits, use, data or other intangible losses from:
(a) The use or inability to use the Site;
(b) Any changes made to the Site or any temporary or permanent discontinuance of the Site;
(c) The delay or inability to use the Site;
(d) The provision or failure to provide services;
(e) Errors, mistakes, inaccuracies on the Site;
(f) Personal injury or property damage from Site users;
(g) Unauthorized access to or alteration of data or equipment;
(h) Statements by site users or third parties;
(i) Links or references to third party sites;
(j) Viruses acquired through the Site;
(k) Any other matter related to the Site.
10.2 Under no circumstances shall Kindorf be liable for any damages for failure to deliver products or services purchased via the Site in a timely manner, including responsibility to conform to local or international delivery customs regulations.
10.3 If despite the other provisions of these Terms we are found liable for any damage or loss that arises out of or is in any way connected with your use of the Site or any Content, our liability shall in no event exceed $100 USD. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
11. Indemnity
You agree to defend, indemnify and hold harmless Kindorf and its officers, directors, employees, contractors, agents, service providers, suppliers and affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms, including this Acceptable Use Policy. This means you will be legally and financially responsible for claims or damages against Kindorf related to any violations of these terms.
12. Severability
If any part or provision of these Terms is found to be unenforceable or invalid, that portion will be modified to reflect the parties’ intention. All remaining portions of these Terms will remain in full force and effect.
13. Modification
Kindorf reserves the right to change these Terms or Site policies at our discretion. Updated Terms will be posted on the Site with a new effective date stated. Changes are effective when posted unless otherwise indicated. Your continued use of the Site after any changes constitutes acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access the Site.
14. Arbitration & Governing Law
These Terms shall be governed in all respects by the laws of the State of California. Any legal action relating to these Terms must be filed in a state or federal court in California, and you consent to exclusive jurisdiction and venue in those courts. Any dispute or controversy arising out of or relating to the Site, Content or these Terms will be submitted to fast, cost effective dispute resolution pursuant to the American Arbitration Association Rules. Judgment on any arbitration award may be entered in any court with jurisdiction. All arbitration will occur in Los Angeles County, California.
These Terms control the relationship between us and you. They do not create any third party beneficiary rights.
If you have any questions about these Terms, please email us at [email protected].
Contact Us
Please contact us with any questions or concerns regarding these Terms and Conditions:
Kindorf LLC
123 Main St, Anytown, CA 12345
[email protected]
