Terms of Service
In addition, certain areas of the Service or our Products, and in particular, our actual courses of instruction including, without limitation, the Kindling Program, may be subject to additional Terms and Conditions that we make available for your review and agreement. By enrolling in our course of instruction, purchasing our Products or using such Service areas, or any part thereof, you are expressly consenting that you have read and agree to be bound by the additional Terms and Conditions applicable to such courses of instruction, Products and Service areas. In the event that any of the additional Terms and Conditions governing such courses of instruction, Products or Service areas conflict with these Terms, the additional Terms and Condition will control.
The materials and information contained in this Website and in our Products, hereafter defined in Section 2.a. “Our Service and Products” are protected by applicable copyright and trademark law. In addition, when you use any of our current or future Products or Services, you will also be subject to our terms, conditions and agreements applicable to those Products and Services.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Eligibility for Our Service
By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Our Service and Products
- Kindling is an educational and mentorship company specializing in researching and teaching all aspects of skills, tools and mindsets related to personal and professional development. This Website provides information, articles, videos and posts on these valuable personal improvement skills. The instructional and educational courses and Services available through our Website (“Products”) are either for personal or professional use only. You may not sell or resell any of the Products or Services you purchase or otherwise receive from us. See more information in Section 32 entitled “Additional Terms for Our Products” hereafter.
- Some Products may require that you agree in writing to Terms and Conditions in addition to this Agreement.
- The Service does not include any software application or service that is provided by you or a third party, which you use in connection with accessing or using our Products or Services.
- Any modifications and new features added to the Products or Services are also subject to this Agreement.
- Kindling reserves the right to modify or discontinue the Products or Services or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Products or Services and their components (including all intellectual property rights) will remain with and belong exclusively to Kindling.
- Accounts and Registration
- To access some features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number, company name or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all “Your Information”).
- If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
- Account Management
- Keep Your Password Secure. If you have been issued an account by Kindling in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties in your organization to access your account. You, and not Kindling, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Kindling immediately.
- Keep Your Details Accurate. Kindling may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
- We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
- You can cancel your account at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease. Notwithstanding the foregoing, if you cancel your account after the refund period expires (see Section 6 “Refund Policy”) and before you have completed all required installment payments of any installment payment plan for the Product, you agree that you will remain obligated to complete the full payment for the Product either by paying the remaining balance in one payment or continuing the installments payments until paid in full.
- We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason and at any time.
- You may purchase any Products or Services from Kindling by providing us with your method of payment information (i.e. credit card, debit card, Apple Pay or PayPal). By providing this information to Kindling, you authorize us to charge you for purchases using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
- You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account. Your notice to us will not affect charges to your account before we reasonably could act on your request.
- You agree that we may charge you, and you will pay to Kindling, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
- Refund Policy
- All orders from Kindling for Products are eligible for our 7 day refund policy. You may receive a refund for any Product you purchased from us for any reason within 7 calendar days of your date of payment. All sales are final upon expiration of the 7 day refund period.
- To initiate a return, please get in touch with us at [email protected]. You will be provided with refund instructions and instructions for the return of any course materials you may have received from us. Return of all course material within fifteen (15) days of contacting us is a condition of issuing the refund.
- Your Access and Use of our Services
- The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
- Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or Methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
- Our Services may now, or in the future, have “publicly accessible areas” that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Kindling shall not, under any circumstances, be liable in any way for any User Content.
- You shall not use any communication systems provided on our Services including, without limitation email, text, SMS or chat for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
- You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services and our Products
- System Requirements
Use of certain areas of our Service requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). Kindling may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you. Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on, or through our Services. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use our Services may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to Kindling.
- Suspension and Termination of Services
- Kindling may also suspend providing the Services to you if we are investigating suspected misconduct by you. Kindling will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
- Users who have been terminated or suspended will not be eligible for a refund of any kind for the termination or the period of suspension.
- Please treat our team and other students respectfully and courteously, as they are working hard to help you. Threats or abusive language will not be tolerated. Students who are not respectful may be removed at the discretion of Kindling from our Products or Services without refunds.
- Information Accuracy
- We attempt to ensure that information and content on this Service is complete, accurate and current. Despite our best efforts, the information and content on our Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information or content on the Service.
- Furthermore, information and content on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information or content without notice.
- Proprietary Rights
As between Kindling and you, Kindling or its licensors own and reserve all right, title and interest in and to the Products and the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Products and Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Products or Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Kindling.
- Intellectual Property Rights
- The courses of instruction and education (our Products), information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from, or provided to you in any manner whatsoever, through our Services (collectively, “Our Content”), including, without limitation, all videos, audio files, digital downloads, data compilations, text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are owned and copyrighted by Kindling, or otherwise licensed to us or Our Content suppliers.
- We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
- Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the “Proprietary Marks”), and are owned by Kindling. You may not use the Proprietary Marks without our prior written permission.
- We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
- All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Listening, viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
- You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Copyrights. Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
- Use of Our Content
- We grant you a limited license to access, print, download or otherwise make personal use of our Products, Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
- You may not modify our Products, Our Content or the Collective Work or decompile, reverse engineer, or disassemble our Products, Our Content and the Collective Work, or transfer our Products, Our Content or the Collective Work to another person or entity.
- You may not, without our express permission and consent, use or utilize our Products, Our Content or the Collective Work for any commercial purpose or any other public display, performance, sale, or rental.
- User Content Rights and Related Responsibilities; License
- “User Content” means, without limitation, any messages, texts, reviews, digital files, images, photos, personal profile (including your photo), artwork, videos, audio, comments, feedback, suggestions and documents, or any other content you upload, transmit or otherwise make available to Kindling and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Kindling and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
- By submitting User Content on or through the Service, you grant Kindling a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised.
- In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
- You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.
- Kindling expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent it’s loss.
- You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Kindling resulting therefrom.
- Kindling may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
- You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
- User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.
- Kindling has no control over User Content once posted, and it is possible that visitors to the Site may copy User Content and repost it elsewhere.
- You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, illegal material or any User Content which otherwise violates our Community Guidelines in Section 15 “Community Guidelines”.
- Community Guidelines
Kindling is committed to providing a platform and Products that are safe and friendly. To ensure the best possible experience for all users of our Services and Products, we have established some basic guidelines and rules for participation. By using our Services and Products, you agree that you have read and will follow the rules and guidelines set forth below.
Please take a moment to acquaint yourself with these important rules and guidelines. In order to preserve a climate that encourages productive, civil and meaningful interaction, Kindling reserves the right to suspend or terminate a user’s account for a violation of these rules.
You agree not to use our Service including, without limitation any communication system we provide (e.g. email, chat, SMS text, groups, forums, communities, etc.) to transmit, distribute or post any User Content as defined in our Terms of Service that is offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes, without limitation, examples of the things you may not do:
- Advocate for or harass or intimidate another person.
- Stalk, defame, abuse, bully, threaten or otherwise violate the legal rights of others.
- Promote information that is false or misleading.
- Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
- Promote violence, racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Promote material that exploits people in a sexual, pornographic or violent manner.
- Submit or post anything that exploits children or minors or that depicts cruelty to animals.
- Submit or post anything that depicts people in places where they have an expectation of privacy without their knowledge and consent, like someone’s home, a bathroom, dressing room, locker room, etc.
- Impersonate any person or entity.
- Use the service in an illegal manner or to commit an illegal act.
- Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
- Provide instructional information about illegal activities.
- Infringe upon someone else’s trademark, copyright or other intellectual property or other rights.
- Promote commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business offers.
- Engage in SPAM. Please don’t transmit, distribute or post any advertising, promotional materials, junkmail, “spam,” chain letters, pyramid schemes, or any other form of solicitation.
Kindling reserves the right to suspend or terminate any user account or Product at any time for any reason, with or without warning, without a refund of any purchase price and without liability to the user.
If you violate these guidelines, we may remove the offending content, suspend or terminate your account, and notify law enforcement. Please respect and honor these guidelines and report any violations to [email protected] to help us create a better community.
We have no obligation to delete content that you find personally objectionable or offensive.
We reserve the right to modify these rules with or without notice at any time.
If you have questions, comments, concerns or feedback regarding these guidelines or our Services, please contact us at [email protected]
- User Comments
Kindling does not investigate any posted user comments, suggestions or feedback for accuracy or truth. Users may be held legally responsible for damages suffered by other users or third parties as a result of their comments if they are legally actionable or defamatory. You agree that Kindling is not legally responsible for any comments posted or made available on our Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. Kindling reserves the right to remove user comments or information that, in our sole judgment, violates these Terms or negatively affects our Services.
- Interruption of Service
- Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
- You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
- Third Party Links, Services and Content
- Electronic Communications
- Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS, chat or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
- You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Electronic Transactions
- Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including the purchase of our educational or instructional course Products, financial transactions and other service or merchandise purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions and purchases.
- Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, notices of cancellation, policies, contracts, and applications.
- Third Party Social Networking
Violating the security of our Services is prohibited and may result in criminal and civil liability. Kindling may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
- Privacy and Your Personal Information
- Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
A valid complaint under the DMCA must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that is claimed to be infringing and where it is located on the Service.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
- 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 law.
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. The above information must be submitted to the Copyright Agent at [email protected]
- Disclaimers; No Warranties
ALL SERVICES AND PRODUCTS AVAILABLE FROM KINDLING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KINDLING AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “KINDLING PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
THE KINDLING PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE, OR OUR PRODUCTS, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND OUR PRODUCTS IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation Of Liability
IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR THE USE OF OUR PRODUCTS, SHALL NOT EXCEED THE SUM OF $100 IN THE AGGREGATE FOR ALL CLAIMS.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- You agree that you will be personally responsible for your use of the Service and the Products you purchase from us; and you further agree to defend, indemnify and hold harmless Kindling and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service or the Products you purchase through the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or emotional harm, to you or any third party resulting from your use of the Services or Products purchased through the Service.
- We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- By using the Services, you release, to the maximum extent allowed by law, Kindling, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services or our Products, including without limitation, any death or serious emotional or physical harm.
- 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 or her settlement with the debtor.”
- Governing Law
This Agreement, and any separate agreements whereby and wherein we provide you our Products or Services, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the Commonwealth of Pennsylvania in and for the County in which Kindling maintains its principal office.
- Our Remedies
- You acknowledge that we may be irreparably damaged if this Agreement, and any separate agreements whereby and wherein we provide you our Products or Services, is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this, or any other Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of the Agreement.
- For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the Commonwealth of Pennsylvania in and for the County in which Kindling maintains its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
- Dispute Resolution
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.
THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.
For any dispute you have with Kindling, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. If Kindling has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
- Claims. You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
- Applicable Law. You agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
- Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any courses or services delivered, sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
- Arbitration Procedures. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Pennsylvania, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the Commonwealth of Pennsylvania in and for the County in which Kindling maintains its principal office. You and we agree to submit to the personal jurisdiction of the courts located within Pennsylvania for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the Commonwealth of Pennsylvania; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the Commonwealth of Pennsylvania.
- Additional Terms for Our Products
SOME OF OUR PRODUCTS MAY REQUIRE THAT YOU AGREE TO ADDITIONAL TERMS AND CONDITIONS, INCLUDING IN SOME INSTANCES, SIGNING A SEPARATE AGREEMENT (THE “PRODUCT AGREEMENT”) ESTABLISHING YOUR LEGAL RIGHTS, RESPONSIBILITIES AND OBLIGATION REGARDING THE USE, AND CONTINUED USE, OF THOSE PRODUCTS. IF YOU PURCHASE THE FOLLOWING PRODUCTS FROM KINDLING, YOU ACKNOWLEDGE AND AGREE THAT ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT, INCLUDING WITHOUT LIMITATION THE FOLLOWING, SHALL BE INCLUDED AND INCORPORATED BY REFERENCE IN THEIR ENTIRETY INTO THOSE PRODUCT AGREEMENTS, OR WILL BE APPLICABLE TO THOSE PRODUCTS IN THE EVENT THAT NO PRODUCT AGREEMENT IS REQUIRED.
- This Product provides training modules and resources and other tools that are the subject of Kindling copyright protection and teach skills, tools, and mindsets for personal and professional development - which are for your individual personal use only and not designed or intended for your use commercially as an instructor, consultant or trainer.
- Your purchase of this product entitles you to an individual, non-transferrable, non-exclusive, revocable license to use the Product. You acknowledge and agree that Kindling is the sole and exclusive owner of the Kindling Intellectual Property used in the Kindling instruction, as well as to any and all related rights, processes, know-how, methods of operation, Intellectual Property rights, patent, copyright, trademark, trade secrets, and all associated rights as well as any and all derivative works related thereto, and that you are prohibited from sharing or transferring this Product and any material, information, books, courses, videos, recorded webinars or other products that comprise or are a part of this Product with any third party.
- Kindling reserves the right to cancel and terminate your access to the Kindling Product at any time for a violation of our “Community Guidelines” found in Section 15 of this agreement. If termination of your access to this Product results from a violation of our Community Guidelines, you will not be eligible for a refund and Kindling shall have no further obligation or liability to you.
- We attempt to ensure that information and content presented in our Kindling Product is complete, accurate and current, and to update it regularly, however despite our best efforts, the information and content may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information or content in our Kindling Product and assume no liability therefore.
- THE KINDLING PRODUCT AVAILABLE FROM KINDLING IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KINDLING AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “KINDLING PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- IN NO EVENT SHALL KINDLING BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF YOUR ACCESS AND USE OF OUR KINDLING PRODUCT.
- YOU ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE OF OUR KINDLING PRODUCT CONTAINS AN AGREEMENT BY YOU TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION IN THE COMMONWEALTH OF PENNSYLVANIA. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE OF OUR KINDLING PRODUCT CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE SEE SECTION 30 OF THIS AGREEMENT, “DISPUTE RESOLUTION”, FOR FURTHER DETAILS REGARDING THE ARBITRATION AND WAIVER OF CLASS ACTION TERMS INCLUDED IN OUR KINDLING PRODUCT.
- You agree that you will be personally responsible for your use of the Kindling Product, and you further agree to defend, indemnify and hold harmless Kindling and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with your access to, use of or alleged use of the Kindling Product you purchase from us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- The Kindling Product is eligible for our 7 day refund policy. You may receive a refund from us for any reason within 7 calendar days of your date of payment. All sales are final upon expiration of the 7 day refund period. To initiate a return, please contact us at [email protected]. You will be provided with refund instructions and instructions for the return of any course materials you may have received from us. Return of all course material within fifteen (15) days of contacting us is a condition of issuing the refund.
- You acknowledge and agree that you and Kindling are independent contractors and neither party is the representative of the other party. Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of the other party nor to incur any obligation or liability for the other party or otherwise bind the other party in any way. Neither this Agreement, nor the additional Product Agreement for the Kindling Program, shall be interpreted or construed to create an association, agency, joint venture, partnership, or employee relationship between us.
- Law Enforcement
- Kindling is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Kindling receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
- Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Kindling may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Kindling will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
- Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
- Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
- No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- Entire Understanding
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at [email protected].
Last updated: January 15, 2024