Kinship Terms of Service
Last Revised: Aug 25, 2022
These terms of service ("TOS" or “Terms of Service” or “Terms”) govern your use of our website and our mobile app (together, the “Site”) and the services, features, content and applications on the Site (collectively, the “Services” or “LOVEKINSHIP”). By visiting or using the Site, you expressly agree to these TOS, as updated from time to time. If you do not agree with these TOS, please do not access and/or use our Services.
Some of our Services may be offered to you from time to time that are subject to additional terms and conditions, which are incorporated by reference into these TOS. If there is a conflict between these TOS and such other additional terms and conditions, such other additional terms and conditions will govern.
Because our Services are evolving over time, we may make changes to these TOS at any time and/or discontinue all or any part of our Services in our sole discretion with or without notice. Any changes we make to these TOS will be effective immediately when we post a revised version of these TOS on the Site. The "Last Revised" date above will tell you when these TOS were last revised. By continuing to use this Site after that date, you agree to the changes.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Age Requirement
The Site is not intended for children under the age of 13 and no person under the age of 13 may use the Site. If you use the Site, you affirm that you are at least 13 years old. If you are over the age of 13 but under the age of 18, your use of our Site is subject to parental consent requirements. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
The right to access the Site is revoked where these Terms or use of the Site is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
2. Privacy
Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you. Our Privacy Policy can be found at https://lovekinship.com/pages/legal/privacy-policy. Our Privacy Policy is incorporated into these Terms of Use. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
3. Account Registration; Use of the Site
Users may create an account through our Site through the Login/Account page. Here, in a password protected page, Shopify stores information about a customer's identity, order history, and current order status. Customer details, such as address information, will be pre-filled from the stored information during checkout. https://help.shopify.com/en/manual/customers/customer-accounts
Our Site is owned and controlled by Kinship, Inc., and unless otherwise agreed in writing, all materials on our Site, including text, graphics, content, images, illustrations, designs, icons, photographs, video, music, artwork, icons, computer code and other materials, and the copyrights, trademarks, and/or other intellectual property rights in such materials (collectively, the “Content” and the Content in the Site “Site Content”), are owned, controlled and/or licensed by Kinship.
The Site and Site Content are intended solely for personal, non-commercial use. You may download or copy the Site Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded or copied Site Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Site Content or the Site for any public or commercial purpose. Kinship does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on our Site. If we discover that you are placing orders with the intent to resell items offered on our Site, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law.
Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of Kinship. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on any Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Site.
You may use our Site only as permitted by these Terms and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or use this Site and its Content as permitted by these TOS, and as a condition precedent, you agree that you will not:
(a) take any action that imposes an unreasonable load on the Site’s infrastructure of the Site or our systems or networks; (b) use any device, software, technology or method to interfere or attempt to interfere with the proper working of the Site, Site Content, or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our business partners’ servers, systems or networks, by hacking or any other illegitimate method of accessing data; (e) delete or alter any material we or any other person or entity posts on the Site; (f) impersonate or pretend that you are any other person or falsely claim you represent another person; or (g) otherwise take any action in violation of our guidelines and policies.
4. Third Party Links on Our Site
The Site may contain links to third party sites, services or other resources on the Internet that are not owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked websites. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other websites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third party websites.
5. Mobile Message Service
The Kinship mobile message service (the "Service") is operated by Kinship, Inc. (“Kinship, Inc.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Kinship, Inc.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Kinship, Inc. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kinship, Inc. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to 1-855-568-1920 in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Kinship, Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 1-855-568-1920 or email hello@lovekinship.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice: https://lovekinship.com/pages/privacy-policy.
6. Transactions
We use third-party payment processor(s) (each, a "Payment Processor") to process all payment transactions on our Site. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these TOS. We are not responsible for errors made by the Payment Processor. By choosing to make transactions through our Site, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize us, via the applicable Payment Processor, to charge your payment provider ("Payment Method"). These charges for your purchase may include shipping fees and state and local sales tax. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. You understand and agree that all items you place in your shopping cart are not reserved and are subject to availability until checkout is complete.
7. Subscription Program Terms. If you are placing an order online or by email as part of our auto delivery subscription program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR AUTO DELIVERY SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED OUR THIRD PARTY PAYMENT PROCESSOR WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH RECURRING PAYMENT WILL BE AUTOMATICALLY PROCESSED BASED ON THE FREQUENCY YOU SELECTED AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED. YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND THE PRODUCTS FROM THE SUBSCRIPTION PROGRAM. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTO DELIVERY SUBSCRIPTION PROGRAM, YOU MAY DO SO AFTER YOUR INITIAL DELIVERY ONLINE OR BY EMAILING US AT HELLO@LOVEKINSHIP.COM. IN ORDER TO CANCEL YOUR SUBSCRIPTION, YOU MUST DO SO AT LEAST THREE DAYS BEFORE YOUR NEXT BILLING DATE. ANY CANCELLATION RECEIVED LESS THAN THREE DAYS BEFORE YOUR NEXT BILLING DATE MAY NOT TAKE EFFECT UNTIL THE FOLLOWING BILLING CYCLE. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED PRIOR TO YOUR. CONFIRMED CANCELLATION. YOU MAY MODIFY YOUR SUBSCRIPTION OR SKIP A DELIVERY AT ANY TIME BEFORE YOUR NEXT BILLING DATE BY LOGGING INTO YOUR ACCOUNT OR CONTACTING US AT HELLO@LOVEKINSHIP.COM.
In accordance with our return policy, subscription items are not eligible for returns or exchanges unless damaged or defective.
Violation of these TOS
We may investigate any violations of these TOS, including unauthorized use of the Site. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these TOS. If we determine that you have violated these TOS or the law, or for any other reason or for no reason, we may [cancel your account, delete all your User Content and] prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these TOS. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may refuse to honor pending and future transactions made from all accounts we believe may be associated with you.
You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages
Limitation of Liability
IN NO EVENT WILL WE OR OUR SUPPLIERS, PROVIDERS AND LICENSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR APPS, THE USER CONTENT AND DATA, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE OR APPS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR:
(a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT,
(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE,
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR APPS, OR
(e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT.
THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.
Disclaimer of Warranties
WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Site during the prior twelve (12) months or (ii) ten dollars ($10).
8. Indemnification
You agree to defend, indemnify and hold harmless Kinship (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site.
9. Disputes, Including Mandatory Arbitration and Class Action Waiver
Arbitration Agreement
By accessing or using the Site, you agree: (i) that any and all disputes you may have with, or claims you may have against Kinship or its affiliates relating to, arising out of or connected in any way with (a) the Site, (b) these Terms, or (c) the determination of the scope or applicability of the agreement to arbitrate in this Section (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”), with the following exceptions:
Neither you nor Kinship may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Kinship individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR KINSHIP, INC. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with Kinship.
These TOS and any action related thereto will be governed and interpreted by and under the laws of the State of California, 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 these TOS.
10. Termination
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms, your account, and your access to all or any part of the Site or the Content at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated these Terms) without prior notice or liability. These Terms will remain in effect for as long as you are using our Services, or until we or you terminate your account, or we terminate these Terms or remove your access to our Site or Content. We reserve the right to change, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
11. Claims of Copyright Infringement On the Site
Under the Digital Millennium Copyright Act (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site ; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright, legal@lovekinship.com , or
Kinship, Inc.
Legal Department
145 Corte Madera Town Center #114
Corte Madera, CA 94925
legal@lovekinship.com
Miscellaneous
These TOS are the entire agreement between you and us with respect to the Services, including use of the, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these TOS will otherwise remain in full force and effect and enforceable.
The communications between you and KINSHIP use electronic means, whether you use the Services or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. This does not affect your non-waivable rights. Electronic notices should be sent to legal@lovekinship.com.
Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
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.
Questions
If you have any questions, comments or complaints regarding these TOS or the Site, please contact us at:
Kinship, Inc.
Legal Department
P.O. Box 409
Corte Madera, CA 94976
legal@lovekinship.com
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