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Terms of Use Agreement

Last Updated: September 28, 2021

Kyyndr.com Terms of Use Agreement Effective on 2021-09 28 


California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. All users may request a refund by contacting Kyyndr Customer Service at by clicking here, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: Kyyndr, Attn: Cancellations, P.O. Box 25472, Dallas, California 75225, USA. The Company’s business is conducted, in part, at 8750 N. Central Expressway, Suite 1400, Dallas, TX 75205. 


You may have these terms of use e-mailed to you by sending a letter to Terms Inquiries, P.O. Box 25472, Dallas, California 75225, USA. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952- 5210. 


We have included brief summaries at the beginning of each section to make it easier for you to read and understand this agreement. The summaries do not replace the text of each section, and you should still read each section in its entirety. 


1. INTRODUCTION 


By accessing or using Kyyndr’s services, you agree to be bound by these terms, including our Privacy and Cookie Policies, so it is important that you read this agreement carefully before you create an account. We may update the terms from time to time, so you should check this page regularly for updates. Welcome to Kyyndr, operated by Kyyndr Group, LLC, in the case of users originating from within the United States and Canada, and Kyyndr.com Global Services Limited, in the case of users originating from outside of the United States and Canada. As used in this Agreement, the terms “Kyyndr,” “us,” “we,” the “Company”, and “our” shall refer to Kyyndr Group, LLC and/or Kyyndr.com Global Services Limited, as appropriate. By accessing or using our Services on Kyyndr.com (the “Website”), the Kyyndr mobile application (the “App”), or any other platforms or services Kyyndr may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status. Your use of our Services is also subject to the Privacy Policy, Cookie Policy, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Kyyndr (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services. We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately. 


2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES Before you create an account on Kyyndr, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Kyyndr. By using our Services, you represent and warrant that: 


1. You are at least 18 years old; 


2. You are legally qualified to enter a binding contract with Kyyndr; 


3. You are single or separated from your spouse; 


4. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; 


5. You are not on any list of individuals prohibited from conducting business with the United States; 6. You are not prohibited by law from using our services; 


7. You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence; 


8. You are not required to register as a sex offender with any state, federal or local sex offender registry; 


9. You do not have more than one account on our Services; and 


10. You have not previously been removed from our Services by us, unless you have our express written permission to create a new account. If at any time you cease to meet these requirements, you must immediately delete your account. 


You agree to: 


• Comply with these Terms, and check this page from time to time to ensure you are aware of any change; 

• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, antispam laws, and regulatory requirements; 

• Use the latest version of the Website and/or App; 

• Treat other users in a courteous and respectful manner, both on and off our Services; 

• Be respectful when communicating with any of our customer care representatives or other employees; 

• Review the Safety Tips; 

• Maintain a strong password and take reasonable measures to protect the security of your login information. 

You agree that you will not: 

• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity; 

• Use the Services in a way that damages the Services or prevents their use by other users; 

• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks; 

• Use our Services for any harmful, illegal, or nefarious purpose; 

• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person; 

• Post or share Prohibited Content (see below); 

• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission; 

• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation; • Use another user’s account; 

• Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or 

• Violate the terms of the license granted to you by Kyyndr (see Section 6 below).

 • Disclose private or proprietary information that you do not have the right to disclose; 

• Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Kyyndr’s prior written consent; 

• Express or imply that any statements you make are endorsed by Kyyndr; • Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents; 

• Upload viruses or other malicious code or otherwise compromise the security of our Services; • Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services; 

• “Frame” or “mirror” any part of our Services without Kyyndr’s prior written authorization;

 • Use meta tags or code or other devices containing any reference to Kyyndr or the platform (or any trademark, trade name, service mark, logo or slogan of Kyyndr) to direct any person to any other website for any purpose; 

• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so; • Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent; 

• Use, access, or publish the Kyyndr application programming interface without our written consent; 

• Probe, scan or test the vulnerability of our Services or any system or network; or 

• Encourage, promote, or agree to engage in any activity that violates these Terms. 


Prohibited Content—Kyyndr prohibits uploading or sharing content that:


 • Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person; 

• Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity; 

• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry; 

• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense; 

• Is defamatory, libelous, or untrue; 

• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers); 

• Involves the transmission of “junk” mail or “spam”; 

• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Kyyndr or otherwise; 

• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights); 

• Was not written by you or was automatically generated, unless expressly authorized by Kyyndr; • Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;

 • Is inconsistent with the intended use of the Services; or 

• May harm the reputation of Kyyndr or its affiliates. The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account. 


3. CONTENT 


It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content. While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Kyyndr provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users. 


3a. YOUR CONTENT 


You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability. You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy. The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online. Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below. You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand & agree that we have no obligation to display or review Your Content. 


3b. MEMBER CONTENT 


While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms. Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content. 3c. OUR CONTENT Kyyndr owns all other content on our Services. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times. We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights. 


4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING Kyyndr does not tolerate inappropriate content or behavior on our Services. We are committed to maintaining a positive, kind and respectful Kyyndr community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report a Concern” link on a user’s profile or at the bottom of every email. You may also email Kyyndr Customer Service by clicking here. Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below. 


5. PRIVACY 


Privacy is important to us. We have a separate policy about it that you should read. For information about how Kyyndr and its affiliates collect, use, and share your personal data, please read our Privacy Policy . By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy .


 6. RIGHTS YOU ARE GRANTED BY Kyyndr 


Kyyndr grants you the right to use and enjoy our Services, subject to these Terms. For as long as you comply with these Terms, Kyyndr grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Kyyndr and permitted by these Terms and applicable laws. 


7. 


RIGHTS YOU GRANT: You own all of the content you provide to Kyyndr, but you also grant us the right to use Your Content as provided in this Agreement. By creating an account, you grant to Kyyndr a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Kyyndr’s license to Your Content shall be non-exclusive, except that Kyyndr’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Kyyndr would have an exclusive license to screenshots of our Services that include Your Content. In addition, so that Kyyndr can prevent the use of Your Content outside of our Services, you authorize Kyyndr to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Kyyndr is not obligated to take any action with regard to use of Your Content by other users or third parties. Kyyndr’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws). In consideration for Kyyndr allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Kyyndr regarding our Services, you agree that Kyyndr may use and share such feedback for any purpose without compensating you. You agree that Kyyndr may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.


8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS 


You will have the opportunity to purchase products and services from Kyyndr. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel. . Kyyndr may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire. Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9. 



8a. INTERNAL PURCHASES AND SUBSCRIPTIONS 


Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel. If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Kyyndr to charge the payment method you provide (your “Payment Method”). Kyyndr may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Kyyndr may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Kyyndr subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care. If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel. 


To cancel a subscription, log in to the Website and go to the Settings tool. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.


You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 8d below for more information. 


8c. 


VIRTUAL ITEMS Virtual items are non-refundable and subject to certain conditions. From time to time, you may have the opportunity purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features such as “Boost” (“Virtual Item(s)”) from Kyyndr. You may only purchase Virtual Items from us or our authorized partners through our Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when Kyyndr ceases providing our Services, or your account is otherwise closed or terminated. Kyyndr, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Kyyndr may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. Kyyndr shall have no liability to you or any third party in the event that Kyyndr exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services. 


ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT Kyyndr IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. 


8d. REFUNDS 


Generally, all purchases are nonrefundable. Special terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin. Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.


 Purchases of Virtual Items are FINAL AND NON-REFUNDABLE   For any other purchase, please contact Kyyndr Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Kyyndr, Attn: Cancellations, P.O.B 276 Topanga CA 90290.


 9. ACCOUNT TERMINATION 


Kyyndr reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that Kyyndr regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services. If your account is terminated by you or by Kyyndr for any reason, these Terms continue and remain enforceable between you and Kyyndr, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy. 


10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS Kyyndr does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Safety Tips. YOU UNDERSTAND THAT Kyyndr DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. Kyyndr MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. Kyyndr RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE Kyyndr TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY Kyyndr, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR. Though Kyyndr strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. 


11. DISCLAIMER Kyyndr’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services. Kyyndr PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Kyyndr DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, Kyyndr MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES. Kyyndr TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES Kyyndr TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH Kyyndr. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. Kyyndr IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. 


12. DIGITAL MILLENNIUM COPYRIGHT ACT 


We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively. Kyyndr has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; 3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Any DMCA Takedown Notices should be sent to support@Kyyndr.com, or via mail to the following address: POB 276 Topanga CA 90290. Kyyndr will terminate the accounts of repeat infringers. 


13. ADS AND THIRD-PARTY CONTENT Like many subscription-based services, there are ads on our websites. Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Kyyndr may also provide non-commercial links or references to third parties within its content. Kyyndr is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Kyyndr is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. Kyyndr is not responsible or liable for such third parties’ terms or actions. 


14. LIMITATION OF LIABILITY. Kyyndr’s liability is limited to the maximum extent by applicable law. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Kyyndr, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Kyyndr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Kyyndr’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Kyyndr FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 15. DISPUTE RESOLUTION In the unlikely event that we have a legal dispute, here is what you need to know. If you are dissatisfied with our Services for any reason, please contact Kyyndr Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against Kyyndr, these terms will apply. 


15a. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER 


If you pursue a legal claim against Kyyndr, you agree to arbitration (with limited exceptions). 1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. 2. By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. 3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles County, CA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. 1


5b. GOVERNING LAW Californa law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law). Except where our arbitration agreement is prohibited by law, the laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of California governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions. 


15c. VENUE Any claims that are not submitted to arbitration for any reason must be litigated in Los Angeles County, CA (except for claims brought in small claims court, or where prohibited by law). Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Los Angeles County, California, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with Kyyndr that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Los Angeles County, California, U.S.A. You and Kyyndr consent to the exercise of personal jurisdiction of courts in the State of California and waive any claim that such courts constitute an inconvenient forum. 


16. INDEMNITY BY YOU 


You agree to indemnify Kyyndr if a claim is made against Kyyndr due to your actions. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Kyyndr, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement. 


17. ACCEPTANCE OF TERMS By using our Services, you accept the Terms of this Agreement. By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy and Cookie Policy, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use our Services. The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning. 


18. ENTIRE AGREEMENT This Agreement supersedes any previous agreements or representations. These Terms, with the Privacy Policy, Cookie Policy, and any Additional Terms Upon Purchase, contain the entire agreement between you and Kyyndr regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Kyyndr account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Kyyndr in any manner. 


19. SPECIAL STATE TERMS Special terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin For subscribers residing in New York: • The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like; • Upon notice in writing and delivered to Kyyndr Legal, P.O.B 276, Los Angeles, CA 75225, USA, subscribers may place their subscription on hold for up to one year; • How your information is used and how you may access your information is set forth in our Privacy Policy; • 


Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described above in Section 8.


Proximo is an oasis - a warm, curated community of high-level peers from select next-generation industries, a vetted, connected league of evolutionary business leaders devoted to genuine friendship.

Robert Johnston

CEO, Co-Founder

Cancelation Policy

Last Updated: September 11, 2021

PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND KYYNDR, LLC D/B/A Kyyndr(“Kyyndr,” “WE,” OR “US”).

By accessing or using the any Kyyndr website with an authorized link to the Terms (“Site”), installing or using our mobile application(s) (“App”), signing up for a membership with Kyyndr (the “Membership”), accessing or using any content, information, services, features or resources available or enabled via the Site or App (collectively with the Site, App, and Membership, the “Services”), clicking on a button or taking any other action to signify your acceptance of the Terms, or completing our account registration process, you: (1) agree to be bound by the Terms; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract with Kyyndr; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services and to bind that entity to this Agreement. The term “You” refers to the individual or legal entity, as applicable, identified as the end user when you registered through the Site or App. Except as otherwise provided herein, if you do not agree to be bound by the Terms, you may not access or use the Services.

SECTION 15 OF THE TERMS IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.

Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services and any agreements that you have separately executed with Kyyndr (“Supplemental Terms”) which are incorporated by reference into the Terms. To the extent there is any conflict between the Terms and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement. For example, if you are a User who has agreed to the Membership Agreement with Kyyndr (“Membership Agreement”), the terms of that Membership Agreement will control and supersede the Terms with respect to the subject matter of such Membership Agreement.The Terms and any applicable Supplemental Terms are referred to herein as the “Agreement.”

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY Kyyndr IN ITS SOLE DISCRETION AT ANY TIME.When changes are made, Kyyndr will make a new copy of the Terms available on the Site or App, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site or App.We will also update the “Last Updated” date at the top of the Terms.If we make material changes to the Terms, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as defined in Section 2) or another manner through the Services (which may include posting an announcement on our Site or App). Kyyndr may require you to provide consent to the updated Agreement in a specified manner before further use of the App, Site and/or the Services are permitted.If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site, App and/or the Services.Otherwise, your continued use of the Site, App and/or Services constitutes your acceptance of such change(s).PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

Description of Services. Kyyndr offers a variety of Services, including, but not limited to, its Membership, personal executive coaching for Members (the “Coaching Services”) and other services associated with Membership (“Membership Add-Ons”).

1.1 Membership. To apply for a Membership, please visit Kyyndr.com. Once your application is approved, in Kyyndr’s sole discretion, the Membership Agreement will govern the terms and conditions of your Membership.

1.2 Personal Executive Coaching. The Services also include an opportunity for Members to connect with independent professional coaches (each, a “Coach” and collectively, the “Coaches”) seeking to provide the Coaching Services. Any Coaching Services may be subject to additional fees, and you agree to pay for such fees in accordance with the payment terms set forth herein.

(a) PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND COACHES THROUGH THE SITE OR APP, BUT YOU AGREE THAT Kyyndr HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY COACH EXPERIENCE OTHER THAN AS EXPRESSLY SET FORTH IN THE AGREEMENT. ANY COACHING SERVICES ARE PROVIDED BY COACHES AND NOT BY Kyyndr, AND USERS ACCEPT COACHING SERVICES AT A USER’S OWN RISK.

(b) COACHES ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS OR JOINT VENTURERS OF Kyyndr. Kyyndr DOES NOT PERFORM THE COACHING SERVICES AND USERS HEREBY ACKNOWLEDGE THAT Kyyndr DOES NOT SUPERVISE, DIRECT, CONTROL OR ACCEPT ANY RESPONSIBILITY FOR COACHING SERVICES BUT MAY MONITOR AND FACILITATE COACHING SERVICES THROUGH THE SITE, SERVICES OR APP.

1.3 Membership Add-Ons. From time to time, Kyyndr may offer Membership Add-Ons in connection with the Services. Additional terms may be provided in connection with participation in the Membership Add-Ons. Please contact experience@Kyyndr.com if you have any questions regarding any purchase of, or participation in, any Membership Add-Ons.

1.4 Eligibility Requirements. In order to access the Services, you must: (a) be at least eighteen (18) years old; (b) of legal age to form a binding contract or that you have reviewed the Agreement with your parent or legal guardian and he or she agrees to the Agreement on your behalf; and (c) not a person barred from using Services under the laws of the United States, your place of residence or any other applicable jurisdiction. By using the Services, you represent and warrant that you meet all of the eligibility requirements set forth in this Section and the Agreement. We may still refuse to let certain people access or use of the Services, and we may change our eligibility criteria at any time, in our sole discretion.

REGISTRATION. When registering an account for the Services (“Account”) or submitting an application for Membership, you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You represent that will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Kyyndr immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account at any given time. Kyyndr reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Kyyndr. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU.

OWNERSHIP OF AND LICENSE TO USE SERVICES.

3.1 Use of the Services.Kyyndr and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to the Agreement, Kyyndr grants you a limited, non-transferable license to use the Services solely for your personal non-commercial purposes. Kyyndr, its suppliers, and its service providers reserve all rights not granted in this Agreement.

3.2 App License. Subject to your compliance with the Agreement, Kyyndr grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.

3.3 Trademarks. Kyyndr\'s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Kyyndr and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

USER CONTENT.

4.1 Responsible Party for Content. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services (“User Content”). Kyyndr has no obligation to pre-screen any content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, Kyyndr reserves the right in its sole discretion to pre-screen, refuse, or remove any content. Kyyndr shall have the right to remove any content that violates this Agreement or is otherwise objectionable.

4.2 Ownership of Your Content. Kyyndr does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Kyyndr the license set forth in Section 4.3. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Services.

4.3 License to Your Content. Subject to any applicable Account settings, you grant Kyyndr a right to copy, use, and display Your Content (in whole or in part) and create derivative works from Your Content for purposes of operating and providing the Services. Note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.

4.4 User Submissions. During your use of the Services, you may submit text responses, chats, comments, suggestions and other information (collectively, the "Submissions") to the Site, whether or not requested to do so by Kyyndr. You shall be deemed to have granted Kyyndr a worldwide, perpetual, royalty-free, non-exclusive, transferable, sub-licensable, license to cache, copy, distribute, transmit, publicly display, reproduce or otherwise use or exploit the Submissions on the Services and in other media, digital or analog, now known or hereafter developed throughout the universe including, without limitation, the internet, mobile devices, and in advertising or promotion, print or otherwise. For the avoidance of doubt, by submitting your Submission you understand and agree that any Submission may become publicly viewable on the Services or elsewhere. Kyyndr shall have no obligation to pay you any compensation for your Submissions. Kyyndr is under no obligation to post or use any Submission you may provide. Kyyndr may, in its sole discretion, remove any Submission at any time, with or without notice to you, prior or otherwise. You may request the removal of your Submission for any reason on reasonable written notice to Kyyndr, on receipt of which Kyyndr will take commercially reasonable steps to comply.

Kyyndr does not and cannot review all Submissions and is not responsible for the content or substance thereof. However, Kyyndr reserves the right to delete, move or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights to privacy or publicity, or otherwise unacceptable, provided that Kyyndr shall not be deemed the publisher of any Submission by virtue of its right to control said Submission. Any views and opinions expressed in a Submission reflect the author's point of view and are not necessarily those of Kyyndr or its affiliated entities.

4.5 Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You agree to abide by our Community Guidelines, and you shall not (and shall not permit any third party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Kyyndr's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Kyyndr; or (vi) discloses any personal or confidential information about another person without the express written consent of such person.

RESTRICTIONS ON USE OF THE SERVICES.

5.1 Acceptable Use. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Services or any portion of Services;(b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Kyyndr’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) 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 the Services; (f) you shall not access Services in order to build similar or competitive products or services; (g) except as expressly stated herein, no part of Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Services; (i) you shall not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections of the Services; (j) you will not take any action that imposes or may impose (in our sole determination) an unreasonable or disproportionately large load on our technical infrastructure; and (k) you will not interfere with or attempt to interrupt the proper operation of the Services through any virus, device, information collection or transmission mechanisms, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means. Any future release, update or other addition to Services shall be subject to this Agreement.Kyyndr reserves all rights not granted in this Agreement.Any unauthorized use of Services terminates the licenses granted by Kyyndr pursuant to this Agreement. The foregoing sentence is not exclusive of any other rights or remedies that may be available to Kyyndr under law, equity, statute, or otherwise.

5.2 User Rules. Any features and/or services provided on the Services by Kyyndr, including, but not limited to, user comments, instant messaging, and e-mail functions, are subject to this Agreement, the Membership Agreement and any other guidelines published or modified by Kyyndr from time to time (collectively, the "Rules"). You agree to follow our Community Guidelines, and you understand that a breach of either of the Community Guidelines will result in a violation of these Terms. Notwithstanding anything to the contrary in the Rules, in the event that Kyyndr determines, in its sole discretion, that you have violated the Rules, or that any part of your Submission violates the Rules, Kyyndr will have the right to immediately remove such Submission, in whole or in part, and to temporarily suspend your Account and access to the Services, with or without notice to you, prior or otherwise. In the event that Kyyndr, determines that your first violation was particularly offensive, Kyyndr will have the right to immediately and permanently terminate your Account and access to the Services, with or without notice to you, prior or otherwise. Any user may report abuse by sending an email to help@Kyyndr.com.

FEEDBACK.You agree that your submission of any ideas, suggestions, documents, and/or proposals to Kyyndr (“Feedback”) is at your own risk and that Kyyndr has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.You represent and warrant that you have all rights necessary to submit the Feedback.You hereby grant to Kyyndr a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.

THIRD-PARTY SERVICES.

7.1 Third-Party Websites, Apps and Ads. The Services may contain links to third-party websites (“Third-Party Websites”) and apps (“Third-Party Apps”) and advertisements for third parties (“Third-Party Ads”).When you click on a link to a Third-Party Website, Third-Party App or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination.Such Third-Party Websites, Third-Party Apps and Third-Party Ads are not under the control of Kyyndr.Kyyndr is not responsible for any Third-Party Websites, Third-Party Apps or Third-Party Ads.Kyyndr provides these Third-Party Websites, Third-Party Apps and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Apps or Third-Party Ads, or any product or service provided in connection therewith.You use all links in Third-Party Websites, Third-Party Apps and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern.You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

7.2 App Stores.You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”).You acknowledge that the Agreement is between you and Kyyndr and not with the App Store.Kyyndr, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access.You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App.You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

7.3 Additional Terms for Google. We use the Google Places API(s) for location searches. Pursuant to the Google Maps APIs Terms of Service, use of this location feature is subject to Google’s Privacy Policy.In addition, any use of a Google Play Store Application shall be subject to both the Google Terms of Service and Google Privacy Policy, and such agreements are incorporated into this the Terms by reference.

7.4 Additional Terms for Apple Apps.The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(a) You acknowledge and agree that (i) the Agreement is concluded between you and Kyyndr only, and not Apple, and (ii) Kyyndr, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Kyyndr and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Kyyndr.

(d) You and Kyyndr acknowledge that, as between Kyyndr and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and Kyyndr acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Kyyndr and Apple, Kyyndr, 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 the Agreement.

(f) You and Kyyndr acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(g) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

PAYMENT.

8.1 Payment Terms for Membership. Please refer to your Membership Agreement for information on any membership fees.

8.2 Payment Terms for Other Services. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.You must provide Kyyndr with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”).Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities.By providing Kyyndr with your credit card number and associated payment information, you agree that Kyyndr is authorized to immediately invoice your Account for all fees and charges due and payable to Kyyndr hereunder and that no additional notice or consent is required.You agree to immediately notify Kyyndr of any change in your billing address or the credit card used for payment hereunder.Kyyndr reserves the right at any time to change its prices and billing methods, either immediately upon posting on Services or by e-mail delivery to you.

8.3 Refund Policy for Services. All payments made through the Services are final, and Kyyndr will not issue any refunds.

8.4 Third Party Payment Processor. Kyyndr may use Stripe, Inc. (“Stripe”) as its third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services).By using the Services, you agree to be bound by Stripe’s Privacy Policy: https://www.stripe.com/privacy, and hereby consent and authorize Kyyndr and Stripe to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transactions.By making reservations on the Services, you also agree to be bound by Stripe’s Seller Terms: https://stripe.com/ssa.

INDEMNIFICATION.You agree to indemnify and hold the Kyyndr, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, and agents and its licensors and suppliers (“Kyyndr Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your misuse of the Services; (c) your violation of the Agreement; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations.Kyyndr reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kyyndr in asserting any available defenses.You agree that the provisions in this Section will survive any termination of the Agreement or your access to Services.

DISCLAIMER OF WARRANTIES AND CONDITIONS.

10.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES, OR ATTENDANCE AT ANY Kyyndr MEMBER ORGANIZED EVENT IS AT YOUR SOLE RISK, AND THE SERVICES, THE CHEF SERVICES, AND ANY Kyyndr MEMBER ORGANIZED EVENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Kyyndr PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.

(a) Kyyndr PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) ANY ERRORS ON THE SERVICES WILL BE CORRECTED; (5) YOUR USE OF THE SERVICES WILL NOT EXPOSE YOUR HARDWARE OR NETWORKS TO ADDITIONAL SECURITY RISK; OR (6) THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICES.

(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.Kyyndr MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11.1 No Liability for Conduct of Third Parties.YOU ACKNOWLEDGE AND AGREE THAT Kyyndr PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Kyyndr PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

LIMITATION OF LIABILITY.

11.1 Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Kyyndr PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT Kyyndr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE Kyyndr PARTIES ARE LIABLE TO YOU EXCEED $100. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY.THE LAWS OF SOME OTHER STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SUBSECTION MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.

11.3 User Content and Settings. The Kyyndr Parties assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content, User communications, or personalization settings.

11.4 Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Kyyndr and you.

Procedure for Making Claims of Copyright Infringement.If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: Kyyndr, POB 276 Topanga CA 90290. TERMINATION. At its sole discretion, Kyyndr may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Kyyndr reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, the Agreement will remain enforceable against you and unpaid amounts you owe to Kyyndr for any purchases will remain due.

INTERNATIONAL USERS.Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Kyyndr intends to announce or promote the availability of such services or content in your country.Services are controlled and offered by Kyyndr from its facilities in the United States of America. Kyyndr makes no representations that Services are appropriate or available for use in other locations.Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.

DISPUTE RESOLUTION.Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Kyyndr and limits the manner in which you can seek relief from us.

15.1 Applicability of Arbitration Agreement. You agree that any dispute between you and us relating in any way to the Services or the Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you and we may assert claims in small claims court if the claims qualify; and (2) you or Kyyndr may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of the Terms or any prior version of the Terms.

15.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.comor by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and you cannot obtain a waiver from JAMS, Kyyndr will pay them for you.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the U.S. county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

15.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Kyyndr. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

15.4 Waiver of Jury Trial. YOU AND Kyyndr HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Kyyndr are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

15.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR PERSON. If a decision is issued stating that applicable law precludes enforcement of any of this Section 15.5’s limitations as to a given claim for relief, then the applicable claim must be severed from the arbitration and brought into the state or federal courts located in California in accordance with Section 16.4.All other claims shall be arbitrated.

15.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: Kyyndr, POB 276 Topanga CA 90290. or e-mail support@kyyndr.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.

15.7 Severability. Except as provided in Section 15.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

15.8 Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Kyyndr.

15.9 Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Kyyndr makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Kyyndr at the following address: Kyyndr, POB 276 Topanga CA 90290.

GENERAL PROVISIONS.

16.1 Electronic Communications.The communications between you and Kyyndr use electronic means, whether you visit Services or send Kyyndr e-mails, or whether Kyyndr posts notices on Services or communicates with you via e-mail.For contractual purposes, you (1) consent to receive communications from Kyyndr in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to the Agreement that Kyyndr provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document.The foregoing does not affect your statutory rights.

16.2 Assignment.The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Kyyndr’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

16.3 Force Majeure.Kyyndr shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

16.4 Exclusive Venue.To the extent the parties are permitted under the Agreement to initiate litigation in a court, both you and Kyyndr agree that all claims and disputes arising out of or relating to the Agreement or the Services will be litigated exclusively in the state or federal courts in New York, New York.

16.5 Governing Law. THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

16.6 Notice.Where Kyyndr requires that you provide an e-mail address, you are responsible for providing Kyyndr with your most current e-mail address.In the event that the last e-mail address you provided to Kyyndr is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Kyyndr’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.You may give notice to Kyyndr at the following address: Kyyndr, POB 276 Topanga CA 90290. Such notice shall be deemed given when received by Kyyndr by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

16.7 Questions, Complaints, Claims.If you have any questions, complaints or claims with respect to the Services, please contact us at: Kyyndr, POB 276 Topanga CA 90290 or e-mail support@kyyndr.com. We will do our best to address your concerns.If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

16.8 Waiver.Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

16.9 Severability.Subject to Section 15.7, if any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

16.10 Export Control.You may not use, export, import, or transfer Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws.In particular, but without limitation, Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

16.11 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

16.12 Entire Agreement.The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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