Terms of Use

Effective Date: April 1, 2021

These Terms of Use (“Terms”) are a legal agreement between you and Kindred Events LLC d/b/a Kindred (“Kindred,” “we,” “us,” or “our”) that governs your use of Kindred’s websites (located at https://kindredmembers.com/ and https://kindred.live) and any related services operated or provided by Kindred (collectively, the “Services”). BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY, AND WAIVER OF A RIGHT TO JURY TRIAL.Any new or additional features, tools, services, or content that are added to the Services will also be subject to these Terms.

1. ELIGIBILITY

The Services are available to only users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age, or over the age of majority in the state or country where you are a resident or citizen. If you are under the age of majority in your state or country, do not use the Services. 

2. MEMBERSHIP

  1. Registering; Account: Access to and use of certain functionalities of the Services may require you to register for a Kindred membership (“Membership”) and account (“Account”) with us. If you register and are approved for an Account you will become a Kindred member (“Member”). You will create a user ID and password to access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at using the contact information provided in Section 19 if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your Membership, including blocking access to or closing your Account, for any reason or for no reason at any time, as determined in our sole discretion. 
  2. Membership Fees: Kindred charges an annual, non-refundable subscription fee for Membership (the “Membership Fee”). Member agrees that by accepting these Terms they have committed to an annual membership (“Membership Term”), regardless of payment terms or frequency. By subscribing as a Member, you authorize Kindred to charge the payment provider you have indicated in your Account, and again at the beginning of any subsequent Membership Term. Kindred also may charge an application fee and/or fees to special events from time to time. Kindred may amend the Membership Fees at any time, such amendment effective at the beginning of the next Membership Term. You will be notified in advance if there will be any changes to the amount, date or frequency of the payment of Membership Fees. Kindred has sole discretion to waive or amend the Membership Fees.
  3. Fee Processing: You agree to pay all fees or charges for your Membership 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 Kindred with a valid credit card or PayPal account (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not these Terms to determine your rights and liabilities. By providing your payment details you accept and consent to being charged fees in the form requested by Kindred and that no additional notice or consent is required. 
  4. Membership Term: Your Membership will continue for twelve months  in accordance with these Terms, at which point your Membership Term ends. By subscribing as a Member, you authorize Kindred to charge your Payment Provider now for your Membership Term.
  5. Failure to Pay Fees: Failure to pay fees within thirty (30) days of the payment due date will result in a Member’s Membership and Account being suspended and if not paid within sixty (60) days of the due date the Member’s Membership and Account will be terminated.
  6. Membership Pauses: Kindred may, in its sole discretion, allow Members to pause their Memberships for either a three (3) or six (6) month period per year, in accordance with the Kindred’s then-current guidelines. During Membership pause, your Account access will be suspended and your Membership will be extended by such Membership pause period. For more information on requesting a pause to your Membership, please contact hello@kindredmembers.comProposing New Members: Members are encouraged to propose new applicants to join Kindred, however, all membership decisions are in the sole discretion of Kindred.
  7. Guests: Kindred provides each Member up to twelve (12) guest passes to invite a guest to a virtual Assembly. Guests are not eligible to join Council or Workshops. Kindred reserves the right, at its sole discretion, to limit guests’ access to the Services. Kindred strives for an inclusive community and except as otherwise noted in these Terms, there are no restrictions to the profile of the guests. Members must not be on Membership pause and are responsible for ensuring their guests comply with these Terms, including following the Community Guidelines. Failure to do so could result in suspension or termination of Member’s Membership and/or Account.
  8. Member and Guest Release: Kindred may also film, record video or photograph Member events (excluding Council) and activities for use in Membership programs, advertising, promotions, public relations, and other commercial and business purposes. By participating in virtual programming, you and your guests each consent to the use of your name, biographical details, image, actions, voice and likeness, in any materials Kindred chooses to publish in any medium in any territory, in perpetuity, without further authorization or compensation, in any media, whether now known or hereafter devised, including, without limitation, broadcast, cable and satellite television, social media and the Internet (e.g., YouTube, other digital video platforms, etc.) and mobile platforms (including mobile applications), and for any business purpose (including commercial, merchandising and promotional purposes).
  9. Confidentiality: You may not disclose Confidential Information, as defined below, outside of your use of the Services as part of your Membership. “Confidential Information” means, but is not limited to, information that you receive from other members through the Services as part of your Membership and pertains to the business, product, technology, idea or customers of any member, and all information that is valuable to the member. Confidential Information also includes the identities of other members and their guests. Confidential Information does not include information that is: (a) public knowledge; (b) in the possession of the recipient before receipt from the disclosing party; (c) is disclosed to the receiving party by a third party without breach of confidentiality obligations; or (d) is independently developed by the receiving party without reference to the Confidential Information. Disclosure of Confidential Information in violation of in violation of these Terms will result in termination of membership. Where Confidential Information is required to be disclosed by law, legal process, government agency or court order, Member will notify Kindred at hello@kindredmembers.com of the request or demand for disclosure (as permitted by law) as soon as possible to allow Kindred to obtain a protective order and use diligent efforts to limit disclosure to only what is required by law and seek confidential treatment of the Confidential Information.
  10. Conflicting Interests: Any conflicting interests that may arise between you as a Member with other members through using the Services, such as attending a group, must be disclosed and approved in advance. You have the right to ask to be assigned to a different group. “Conflicting interests” means a situation in a group where: 1) two or more Members are employed by companies, or otherwise associated with entities, and such companies or entities are substantially competitive or have material commercial overlap; 2) two or more Members have a personal or familial conflict; or 3) a Member has outside duties or obligations which would impose restrictions on what information can be shared within the group. If you have a question about whether a situation implicates conflicting interests, please contact Kindred at hello@kindredmembers.com
  11. Solicitation: Unless otherwise permitted, Members may not solicit other members or guests directly for sales of services or products through the Services.
  12. Warranty: Member represents and warrants that their Account, Membership, and use of the Services will not violate any contractual restrictions, applicable law, or regulation.
  13. PERMITTED USE

The Services and all information, materials, and other content available through the Services (collectively, the “Content”) are for the personal use and enjoyment of individual users only and may not be used in connection with any commercial endeavor. The Content is the sole and exclusive property of Kindred or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, and view any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not copy, sell, rent, distribute, modify, publicly perform, publicly display, transfer, create derivative works of, or sublicense the Services or Content. When using the Services, you must not: 

  • remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or Content;
  • upload to the Services the personal information of others that you are not authorized to provide; 
  • provide any content, data or information to Kindred that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
  • use the Services or Content in a way that suggests you are a representative of Kindred;
  • use the Services or Content to develop applications, services, websites, or any other functionalities that leverage the Services or Content;
  • infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party; 
  • interfere with or disrupt the proper functioning of the Services or Content, Kindred or any third party systems used to host the Services, or other equipment or networks used to provide the Services or Content; 
  • make video or audio recordings, still images, live-stream or otherwise copy or transmit the Services or Content, or any part thereof;
  • communicate the Content to the public or otherwise grant access to functionalities of the Services only available to Members, or any part thereof; 
  • make any use of the Services or Content that violates any applicable local, state, national, international or foreign law including United States and foreign export regulations and restrictions; 
  • allow any individual to use any Account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) or user keys) issued to, or selected by, Kindred for someone other than the individual identified in the account information; or 
  • cause damage to Kindred’s business, reputation, employees, members, facilities, or to any other person or legal entity. 

Any scraping, automated access, or other unauthorized access to, and storage of, Services or Content will result in immediate termination of your access to the Services, Content, and your Membership. Use of the Services or Content for any purpose other than what is described in this Section is prohibited.

3. OWNERSHIP AND INTELLECTUAL PROPERTY

The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.

All trademarks, service marks, logos, trade names, and any other proprietary designations of Kindred used herein are trademarks or registered trademarks of Kindred or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in manner that is likely to cause confusion among customers or users, or in any manner that disparages us or our suppliers.

4. USER GENERATED CONTENT

You may be able to post, submit, publish, or display content, or transmit content from your Account (hereinafter, “post”) on the Services (collectively, “User Contributions”). You are solely responsible for the User Contributions that you post via the Services, including its legality, reliability, accuracy, and appropriateness. Kindred is not responsible or liable for the content or accuracy of any User Contributions posted by you or any other member of the Services.

By posting User Contributions to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to Kindred an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, publicly display, publicly perform, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

Kindred is not obligated to review, monitor, delete, or edit postings. However, Kindred reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of these Terms or our Community Guidelines with or without notice. You agree that you have no recourse against Kindred if we refuse to post, or if we delete or refuse to delete, any post by you or other Services’ users.

The content standards set out below apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you agree that you will not:

  • Post or deliver any unsolicited advertisement, promotional materials, junk e-mail, bulk e-mail (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes, without our express prior written consent. The number of postings by any member is subject to reasonable limits at the discretion of Kindred;
  • Post or deliver any advertisement or solicitation via the Services to buy or sell any products or services, or engage in commercial activities and/or sales, without our prior written consent;
  • Post or deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
  • Post or deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of medical condition, religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • Post or deliver, or provide links to, any postings containing defamatory, false or libelous material.
  • Post or deliver information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Post or deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or right of publicity;
  • Post or deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
  • Post or deliver information that violates our community guidelines;
  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
  • Use the Services in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Services or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
  • Attempt to gain unauthorized access to the Services, any related website, other accounts, computer system, or networks connected to the Services, through hacking, password mining, or any other means; or
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including harvesting or otherwise collecting information about others such as e-mail addresses.

We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services, terminating the Account of such violators, or taking further legal action.

5. USER FEEDBACK

By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.

6. COPYRIGHT INFRINGEMENT

Kindred will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any User Contributions on the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Elyssa Byck

Kindred Events LLC

228 Park Ave S

PMB 58144

New York, New York 10003-1502 US

Phone: 516-314-1993

Email: elyssa@kindredmembers.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the Accounts of users who are repeat infringers.

7. PAYMENT PROCESSOR

Kindred may use Stripe, Inc. (“Stripe“) as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). Kindred reserves the right to change and/or add payment processing options. By registering for an Account, you agree to be bound by Stripe’s Privacy Policy: https://www.stripe.com/privacy, and hereby consent and authorize Kindred 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. You also agree to be bound by Stripe’s Services Agreement: https://stripe.com/ssa, where applicable. 

8. OTHER WEBSITES AND SERVICES

The Services may also link or otherwise refer to third-party websites and services, including independent professional facilitators and experts (“Third-Party Services”). Third-Party Services are not under the control of Kindred and Kindred is not responsible for Third-Party Services, or for any information or materials on, or any form of transmission received from, any Third-Party Service. The inclusion of a link or reference to a Third-Party Service does not imply endorsement by Kindred of the Third-Party Services. Kindred does not investigate, verify or monitor the Third-Party Services. Kindred provides links to Third-Party Services for your convenience only. YOU ACCESS THIRD-PARTY SERVICES AT YOUR OWN RISK. THIRD-PARTY SERVICES ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS OR JOINT VENTURERS OF KINDRED. KINDRED DOES NOT PERFORM THE THIRD-PARTY SERVICES AND MEMBERS HEREBY ACKNOWLEDGE THAT KINDRED DOES NOT SUPERVISE, DIRECT, CONTROL OR ACCEPT ANY RESPONSIBILITY FOR THIRD-PARTY SERVICES BUT MAY MONITOR AND SUPPORT THIRD-PARTY SERVICES THROUGH THE SERVICES.

In particular, some activities relating to the Services may be carried out using the third party platform Slack, hosted by Slack Technologies, Inc. and its affiliates (“Slack”). Your use of Slack is subject to Slack’s User Terms of Service, located at: https://slack.com/terms-of-service/user. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SLACK’S PRIVACY OR SECURITY PRACTICES, AND YOUR USE OF SLACK IS AT YOUR OWN RISK. 

9. PRIVACY POLICY

Please refer to our Privacy Policy, which describes our practices and policies related to the collection, use, and storage of information about users of the Services. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information. You expressly consent to the use and disclosure of your personal information and other data and information as may be defined and described in the Privacy Policy.

10. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KINDRED MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOES NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. KINDRED IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES WILL KINDRED BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.

11. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL KINDRED OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (I) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR LOSS OF DATA, OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL KINDRED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE U.S. DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. INDEMNIFICATION

You agree to indemnify and hold harmless Kindred and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all third-party claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from: 1) your User Contributions; or 2) your breach of any provision of these Terms.

13. GOVERNING LAW; DISPUTE RESOLUTION

These Terms will be governed by and construed in accordance with the laws of the state of New York, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and Kindred each agree to exclusive jurisdiction and venue in the state and federal courts located in New York County, New York, USA. For any dispute or claim you may have arising out of or relating to the Services, Content, or these Terms, you and Kindred will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution. Notice to Kindred will be sent to the contact information provided in Section 19 (Contact Information). Kindred will notify you in writing at the email or mailing address that you provide to us in your notice to us or in your Account profile information. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SERVICES, CONTENT, OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS. 

14. CHANGES TO TERMS

We reserve the right to modify these Terms and will notify you of material modifications, such as by posting updated Terms on the Services, sending you an email to your account email, or by other reasonable means. You will continue to be bound by the Terms you initially accepted until your acceptance of any modified Terms. You may be required to accept modified Terms to continue use of the Services.

15. TERMINATION

You may terminate your use of the Services at any time. We may, in our sole and absolute discretion, take whatever action we deem necessary to preserve the integrity of the Services and Content. Violation of any of these Terms may result in actions being taken by us, effective immediately or at a time determined by us, which may include without limitation: (i) temporarily suspending your access to the Services, or (ii) permanently terminating your access to the Services. Without limiting the foregoing, we retain the right to decline to provide the Services to any user who violates these Terms or our Privacy Policy. 

Termination will not limit any of Kindred’s other rights or remedies. Sections 4 (Ownership and Intellectual Property), Section 6 (User Feedback), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability and Exclusion of Certain Damages), Section 13 (Indemnification), Section 14 (Governing Law; Dispute Resolution), Section 18 (General Terms), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.

16. INTERNATIONAL USE

Please be aware that we are headquartered in the United States and that the Services and Content are governed by United States law. If you are using the Services or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.

 Kindred makes no representation that the Services or Content are appropriate or available for use in locations outside of the United States, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of United States export laws and regulations.

If you use the Services or access the Content outside of the United States you, (i) consent to the transfer, storage, and processing of your information to and in the United States; (ii) will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Kindred to any registration requirement within such jurisdiction or country.

17. GENERAL TERMS

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Kindred intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Kindred agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. Kindred may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Kindred’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Kindred if it is in a written document signed by Kindred. Both you and Kindred warrant to each other that, in entering these Terms, neither Kindred nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Kindred, or Kindred’s successors and permitted assigns, will have any right to enforce any of these Terms.

18. CONTACT INFORMATION

If you have any questions, please contact Kindred at: 

Email: hello@kindredmembers.com

Phone: 516-314-1993

Mail:  
228 Park Ave S
PMB 58144
New York, New York 10003-1502 US