Terms of service
Last Updated and Effective as of: July 9, 2026
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES OR OTHERWISE AGREEING TO THESE TERMS, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
INTRODUCTION
These Terms of Service (“Terms”) are a legally binding agreement between you as the user (“you”) and KinderFarms LLC (“KinderFarms” “we,” “us,” or “our”). These Terms govern your access to and use of this website, as well as any website which links to these Terms (each a “Site” and collectively, the “Sites”) including all information, tools, and services available on or through the Sites (collectively, the “Services”).
The Services are provided for informational and brand engagement purposes. The Services may include product information and may reference or direct you to third-party retailers where products may be available for purchase. KinderFarms does not sell products directly through the Services.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT OR BRING A CLASS ACTION, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY.
YOUR CONTINUED USE OF THE SERVICES IS SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS.
HIGHLIGHTS OF THESE TERMS
This section provides a basic overview only.
- Services do not sell products directly. Any purchases occur solely on third-party websites. We are not responsible for pricing, fulfillment, shipping, returns, or refunds.
- Our Rights: Content is protected by intellectual property laws.
- Your Use: You must use Services lawfully and not misuse them.
- Third-Party Transactions: Any products, services, or offers referenced on the Services are provided by third parties. Your transactions occur solely with those third parties.
- Liability: We limit liability as described below.
- Arbitration: Disputes are resolved through binding arbitration.
If you use the Services on behalf of, or for the benefit of, any corporation, partnership, or other legal entity with which you are associated (“Organization”), you represent that you have authority to bind that Organization. References to “you” and “your” in these Terms will refer to both the individual using the Services and to any such Organization.
We are committed to making the Services accessible for all users and will continue to take steps necessary to support accessibility in accordance with applicable laws. If you experience difficulty accessing any content, feature, or functionality of the Services, please Contact Us.
SECTION 1 - GENERAL CONDITIONS
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence. The Services are not directed to children under thirteen (13). YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE THE SERVICES.
If you are under the age of majority in your jurisdiction, you may only use the Services with the involvement of a parent or guardian who agrees to be bound by this Agreement. If you are not old enough to access the Services or certain sections or features of the Services, you should not attempt to do so. You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not misuse, disrupt, or attempt to interfere with the Services or their security.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - THIRD-PARTY INFORMATION REFERRAL TERMS
Products referenced on the Services are not sold directly by KinderFarms. If you choose to purchase products, you may be directed to or otherwise engage with third-party retailers, websites, or platforms such as Shopify or other merchants that are not controlled by KinderFarms (collectively, “Third-Party Offerings”). Any descriptions of Third-Party Offerings are provided for convenience and informational purposes only and may not reflect current availability, pricing, or terms. Third-Party Offerings operate independently and are governed by their own terms. We do not operate, control, guarantee, or process payments, pricing, product availability, orders, refunds, returns, exchanges, shipping, fulfillment, or third-party retailer policies, performance, or customer service for Third-Party Offerings.
Any purchase you make is solely between you and the Third-Party Offerings and is governed by the Third-Party Offerings’ terms and policies. We may update or remove references to Third-Party Offerings at any time without notice.
SECTION 3 - ACCOUNTS (IF APPLICABLE)
Some features of the Services may allow you to create an account (“Account”). If you create an Account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account. You agree to notify us immediately of any unauthorized use of your Account. We may suspend or terminate access to Accounts that violate these Terms or are otherwise used in a harmful or unauthorized manner.
SECTION 4 - INTELLECTUAL PROPERTY
All content on the Services, including names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, and photographs (“Content”) is protected intellectual property of, or used with permission or under license by, our Company, and is protected by copyright, trademark, patent, or other proprietary rights and intellectual property laws.
Except as set forth below, the use of any Content available on the Services is strictly prohibited. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services and their Content for personal and informational purposes. No Content from the Services may be copied, modified, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed, nor may you create derivative works from any Content, in any way without written permission of the rights owner, except as permitted by law. Any rights not expressly granted herein are reserved.
SECTION 5 - THIRD-PARTY LINKS
Certain content, products and services available through our Services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We do not control, monitor, or evaluate third-party content or accuracy and do not warrant or assume responsibility for any third-party materials, websites, products, or services. We are not liable for any loss or damage arising from your use of or reliance on third-party websites or transactions conducted with third parties. We encourage you to review the applicable third-party policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide access to third-party tools that we do not monitor, control, or influence. We do not endorse, guarantee, or assume responsibility for any Third-Party Offerings. All interactions are solely between you and the third party. Such tools are provided “as is” and “as available” without warranties of any kind. We do not make representations or warranties regarding the availability, performance, or suitability of third-party tools. Your use of optional third-party tools is at your own risk and discretion, and you are responsible for reviewing and agreeing to the applicable third-party terms.
We may introduce new tools, services, and/or features in the future. Any such additions shall also be subject to these Terms.
We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Services, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD-PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you agree that we may, subject to applicable law and our Privacy Policy, edit, copy, publish, distribute, translate and otherwise use any User Content that you forward to us for any purpose, subject to applicable law. User Content may include reviews, testimonials, or feedback and is treated consistently with Section 7. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION (including any expectation of confidentiality or compensation). By sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 7 - DESCRIPTIONS, TESTIMONIALS, OPINIONS
The Services may include information relating to our products, including descriptions, imagery, usage suggestions, or statements regarding product experience or benefits. This information is provided for informational and educational purposes only and may not reflect the most current product formulation, packaging, or availability.
Descriptions and representations of products referenced on the Services are intended for general informational use and may differ from the actual product experience, including due to updates, reformulations, or third-party retailer presentation. We do not guarantee that product descriptions are complete, current, or error-free, and we may update such information without prior notice where appropriate.
The Services may also include testimonials, reviews, or opinions from users, experts, or third parties. These statements reflect individual experiences and opinions and do not necessarily represent the view of KinderFarms. Such statements are not intended to guarantee or represent that any user will achieve the same or similar results.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINDERFARMS DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF TESTIMONIALS, REVIEWS, OR OPINION-BASED CONTENT.
The Services are not intended to provide medical advice, diagnosis, or treatment. Any information relating to health, wellness, ingredients, or product use is provided for general informational purposes only and should not be relied upon as a substitute for professional medical advice. You should always consult a qualified healthcare provider regarding any medical or health-related questions. Information on the Services identified as expert opinion, or accessed from the Services by a hyperlink, represents the opinions of those respective experts, which are not necessarily those of the Company.
Nothing contained on the Services is intended to make any claim regarding the prevention, treatment, or cure of any disease or condition unless expressly required by applicable law.
SECTION 8 - PERSONAL INFORMATION
Your submission of personal information to us is governed by our Privacy Policy, which can be viewed by clicking the following link: Privacy Policy
SECTION 9 - TEXT MESSAGE PROGRAMS
BY PARTICIPATING IN A TEXT MESSAGE PROGRAM, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THESE TERMS AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
We offer our customers mobile alerts regarding promotional events and new product releases, by SMS message (each a “Text Message Program”). By participating in a Text Message Program, you acknowledge your personal information is subject to our Privacy Policy.
A. Signing Up and Opting Into a Text Message Program
Enrollment in a Text Message Program requires you to provide your mobile phone number and to agree to this Agreement. You may not enroll if you are under eighteen (18) years old (or the applicable age of majority in your home state) or if you do not agree to the terms of this Agreement. We reserve the right to stop offering a Text Message Program and/or terminate your participation in a Text Message Program at any time in accordance with applicable law and these Terms.
By opting into a Text Message Program, you:
- Authorize us to use automated or non-automated messaging systems to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to consent to receive text message advertisements as a condition of purchasing goods or services.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt into the Text Message Program.
- Consent to the use of an electronic record to document your opt-in.
While you consent to receive messages sent using automated technology, these Terms shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).
B. Content You May Receive
Once you opt-in to a Text Message Program, your message frequency may vary. You may receive alerts about:
- Marketing, Offers and Coupon Programs
- Promotional Events and New Product Releases
- Informational Services or Alerts
- On-Demand Text Message Reply Services
C. Opting Out and Seeking Assistance
You may opt out of receiving text messages from us at any time by texting “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” to any of the text messages you have received from us. For a Text Message Program operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a text request to clarify the Text Message Program to which it applies (if you have subscribed to more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” keyword commands and agree that we and our service providers will have no liability for failing to honor such texts that do not contain such keyword commands. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from a Text Message Program list, is not a reasonable means of opting out. If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. These Terms will still apply if you withdraw the consent mentioned above or opt out of a Text Message Program.
If you need assistance at any time, or you forget what keywords are supported, just text “HELP” to the number sending the text message you received.
D. Cost and Frequency of Messages
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using a Text Message Program.
Text Message Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.
E. Supported Carriers
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. A Text Message Program may not be available on all wireless carriers. We may add or remove any wireless carrier from a Text Message Program at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
Changing Your Phone Number
If you change, forfeit, or deactivate the phone number you provided to us for a Text Message Program, you agree to notify us immediately of such change or to unsubscribe from the Text Message Program prior to changing, forfeiting, or deactivating the phone number. Failure to do so constitutes a material breach of this Agreement. To do so or find out more information on our text message marketing programs, Contact Us.
SECTION 10 - COPYRIGHT INFRINGEMENT NOTICES
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that any Content on the Services infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
- The URL or other specific location on the Services that contains the alleged infringing material described in above, with reasonably sufficient information to enable us to locate the alleged infringing material;
- Your name, mailing address, telephone number and email address;
- The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Designated Agent: Muncy, Geissler, Olds & Lowe, P.C.
Email: hds@mg-ip.com
Address: 125 S Royal St, Alexandria, VA 22314
Phone: +1 (703) 621-7140
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
- Your name, mailing address, telephone number, and email address;
- The following statement: “I consent to the jurisdiction of [insert one of the following: (1) “the Federal District Court in which my mailing address is located”, or (2) if you reside outside of the United States, “the United States District Court for the Sothern District of California”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless the Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services.
SECTION 11 - ACCURACY, ERRORS, COMPLETENESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Information may include references to Third-Party Offerings. We are not responsible for inaccuracies in third-party pricing, availability, or product descriptions.
Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, promotions, or offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Sites, Services, or its content to:
- use any unlawful purpose;
- solicit others to perform or participate in any unlawful acts;
- violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- submit false or misleading information;
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
- collect or track the personal information of others;
- spam, phish, pharm, pretext, spider, crawl, or scrape;
- build a competitive product or service using any of the ideas or products found on the Services;
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services; or
- interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website or service does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content, or for any machine-learning or training data purposes. We may revoke these permissions at any time.
SECTION 13 - Consent to Communication
When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE CONTENT CONTAINED ON SOME OF THE SERVICES MAY CONTAIN INFORMATION ABOUT INGREDIENTS, PROCESSES, AND/OR THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. THE SERVICES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOU CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOU CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. We reserve 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. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
SECTION 16 - DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY AFFECT IMPORTANT LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND MAY INVOLVE MORE LIMITED DISCOVERY AND JUDICIAL REVIEW THAN COURT PROCEEDINGS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THAT PROVISION WILL BE SEVERED AND THE REMAINDER OF THIS ARBITRATION AGREEMENT WILL REMAIN IN EFFECT.
1. Agreement to Arbitrate
You and we agree that any dispute, claim or controversy, including known or unknown claims, arising out of or relating to this Agreement, other agreements on the Services, or the Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Los Angeles, California before one arbitrator or submitted to small claims court in Los Angeles, California. If the arbitrator finds this location to be unreasonably burdensome to you, a reasonable alternative location or remote proceeding may be used. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to these Terms shall be conducted under the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including expedited procedures as applicable.
2. No Class Actions
YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate claims or preside over representative proceedings. If this specific provision is found to be unenforceable, it shall be severed and the remainder of this arbitration agreement shall remain in effect.
3. Seeking Arbitration
If you elect to seek arbitration or small claims court, you must first send to us, by certified mail, a written notice of your claim (“Notice”) to: 407 N Pacific Coast Hwy., Redondo Beach, CA 90277. The Notice must (i) describe the nature and basis of the claim and (ii) set forth the relief sought (“Demand”).
If the parties do not resolve the claim within thirty (30) days after receipt of the Notice, arbitration or small claims court may be initiated. Arbitration forms may be obtained at www.jamsadr.com. Filing fee reimbursement may apply under applicable rules, except where claims are frivolous or exceed US $10,000.
4. Hearing
If your claim is for US $10,000 or less, you may choose resolution by documents only, telephone/video hearing, or in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. Decisions will be issued within a reasonable timeframe unless extended under applicable rules. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
5. Award
In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer, we will pay your awarded damages or US $2,500, whichever is greater.
6. Injunctive Relief
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in court for intellectual property or other legally recognized urgent claims. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective, and the remainder of these Terms shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
7. Confidentiality
You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
8. Coordinated Proceedings
If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel shall each select five (5) cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five (5) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying, or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
SECTION 17 - TERMS FOR USERS IN CERTAIN GEOGRAPHIC REGIONS
1. New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under the Disputes, Arbitration, and Class Action Waiver section and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms are found to violate an established legal right.
2. California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to waive all claims, both known and unknown that may be later discovered and waive all protections under California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree that these California Civil Code Section 1542 protections no longer apply to you.
SECTION 18 - SEVERABILITY, TERMINATION, ENTIRE AGREEMENT, AND GOVERNING LAW
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice in accordance with applicable law and these Terms; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California.
SECTION 19 - CHANGES TO THESE TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Sites. It is your responsibility to check the Sites periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms should be sent to us at hello@kinderfarms.com or Contact Us.