Terms and Conditions of Use
Last Updated February 13, 2025
INTRODUCTION
Please carefully review the following Terms and Conditions of Use (the “Terms”), which govern your access to and use of www.withkyndred.com on any computer, mobile phone, tablet, console or other device, which is operated by Kyndred, [business entity type] (“Kyndred”). Your use of the Websites constitutes your agreement to follow and be bound by the Terms.
These Terms are legally binding. It is Your responsibility to read these Terms carefully prior to purchase, use, or access of any of Our products or services. Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Kyndred on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
GENERAL PROVISIONS
This website is owned and operated by Kyndred, a [state] [business entity type].
You must be at least eighteen years of age to use Our Websites. Use of the Websites is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the Websites. The Terms and Conditions contained on this page are subject to change at any time.
ACCOUNT CREATION & RESPONSIBILITIES
In order to use certain features of the Websites, You must register for an account (“Account”) and provide certain information about Yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Websites. We may suspend or terminate your Account in accordance with Section X.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
ACCESS TO THE SITES
License. Subject to these Terms, Kyndred grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Websites solely for your own personal, noncommercial use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Websites, whether in whole or in part, or any content displayed on the Websites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Websites; (c) you shall not access the Websites in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Websites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Websites shall be subject to these Terms. All copyright and other proprietary notices on the Websites (or on any content displayed on the Websites) must be retained on all copies thereof.
Modification. Kyndred reserves the right, at any time, to modify, suspend, or discontinue the Websites (in whole or in part) with or without notice to you. You agree that We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Websites or any part thereof.
No Support or Maintenance. You acknowledge and agree that We will have no obligation to provide you with any support or maintenance in connection with the Websites.
Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Websites and its content are owned by Kyndred or Our suppliers. Neither these Terms (nor your access to the Websites) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section IV.A. We reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
USER CONTENT
User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Websites (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section V.C.). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Kyndred. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License. You hereby grant (and you represent and warrant that you have the right to grant) to Kyndred an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Websites. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Websites to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Websites any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Websites unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Websites to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Websites, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Websites (or to other computer systems or networks connected to or used together with the Websites), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Websites; or (vi) use software or automated agents or scripts to produce multiple accounts on the Websites, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Websites (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
Feedback. If you provide Us with any feedback or suggestions regarding the Websites (“Feedback”), you hereby assign to Kyndred all rights in such Feedback and agree that We shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to Us as non-confidential and non-proprietary. You agree that you will not submit to Kyndred any information or ideas that you consider to be confidential or proprietary.
Copyright. We respect the intellectual property of others and asks that users of our Websites do the same. In connection with our Websites, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Websites who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Websites, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, a written notification and request for removal must be provided to Us at hello@withkyndred.com.
SECURITY AND ASSUMPTION OF RISK
Security. It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, PayPal, or Squarespace. By utilizing these payment processors to gain access to the site’s offerings, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
Confidentiality. You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
Assumption of Risk. By accessing Our offerings and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
DISCLAIMERS
Kyndred Disclaimers. Our Websites and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our Websites and company for any direct or indirect loss or conduct incurred as a result of Your use of Our Websites and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(or system failure.
While We may reference certain results, outcomes or situations on Our Websites, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on the Websites. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using Our Websites, related materials, products, courses, or the materials contained herein.
The Websites are updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using the Websites is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at hello@withkyndred.com.
Third Party Disclaimer. You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
Practitioners & Facilitators Disclaimers. Our Websites may feature access to content and/or services provided by a network of independent practitioners and facilitators (“Facilitators”). These Facilitators are contracted by Kyndred. While some of the Facilitators may hold medical credentials, their content and/or services should not be considered medical/mental health advice and are not subject to patient-provider confidentiality provisions or HIPAA. Please consult your own medical provider for any medical services, diagnoses, or any emergency services. Kyndred reserves the right to modify or discontinue offering access to Facilitator content and/or services at any time, in Our sole discretion.
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
Indemnification. You agree to indemnify and hold Kyndred (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Websites, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Kyndred reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Kyndred. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KYNDRED (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this site or related communications.
TERMINATION
If at any time We feel You have violated these Terms, then We shall immediately terminate Your use of Our Websites and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our Websites, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our Websites.
ENTIRE AGREEMENT
Before You register with Our Websites or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of Our Websites.
LAW AND JURISDICTIOn
These Terms and Conditions of Use are governed by and construed in accordance with US law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of New York.
ALL RIGHTS RESERVED; SEVERABILITY
All rights not expressly granted in these Terms are reserved by Company. If any part of these Terms is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT
We welcome questions, comments, and concerns regarding these Terms. If you wish to provide feedback or if you have questions or concerns, you may:
send an email with the subject TERMS AND CONDITIONS OF USE to hello@withkyndred.com
contact us by phone via text at (XXX) XXX-XXXX