Terms of Service
Last Update April 21, 2023
KND METHOD LLC
TERMS AND CONDITIONS OF USE
THESE TERMS AND CONDITIONS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY. UNLESS YOU OPT OUT IN ACCORDANCE WITH THESE TERMS, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. UNLESS YOU OPT-OUT: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (C) YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
These Terms and Conditions of Use (these “Terms”) apply when you access, use or visit the website located at https://thekennedymethod.co/ or any other site promulgated by KND Method LLC (the “Company” “we” or “us”) (collectively, the “Site”), and/or any services provided through the Site (the Site and such services, the “Services”). You must agree to these Terms in order to access the Site or use the Services. If, at any time, you do not agree to these Terms, you must cease use of the Site and the Services.
By accessing or using the Site, the Services, accessing or using any content, information, services, features or resources available or enabled via the Site, clicking on a button or taking any other action to signify your acceptance of these Terms, or completing our account registration process, you: (1) agree to be bound by these Terms; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract with the Company; and (3) represent that you have the authority to enter into these Terms personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services and to bind that entity to these Terms. The term “You” refers to any individual or legal entity, as applicable, who accesses, uses or visits the Site.
Description of Services. The Company offers a service that aims to produce both performative and therapeutic benefits to its users. This method is commonly referred to as The Kennedy Method. Please review the Site or contact us to learn more about The Kennedy Method. These Terms governs your use of the Site. Use of The Kennedy Method requires you to agree to the Company’s End User License Agreement.
Updates to These Terms. We may modify these Terms from time to time. We will notify you of material changes to these Terms by posting the amended terms on the Site before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Site and the Services prior to the time the new Terms take effect. If you continue using the Site or the Services after the new Terms take effect, you will be bound by the modified Terms.
Privacy Policy. In connection with your use of the Site and/or the Services, please review our Privacy Policy, located at [link to privacy policy] to understand how we use information we collect from you when you access, visit or use the Site or the Services. The Privacy Policy is part of and is governed by these Terms and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
Eligibility to use the Services. In order to access or use the Site and/or the Services, you must: (a) be at least eighteen (18) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using the Site and/or the Services by the Company or under the laws of the United States, your place of residence or any other applicable jurisdiction. By using the Site and/or the Services, you represent and warrant that you meet all of the eligibility requirements set forth in these Terms. Subject to applicable law, we may still refuse to let certain people access or use the Site and/or the Services, in our sole discretion. We may change our eligibility criteria at any time, in our sole discretion.
Our Intellectual Property Rights. The Company and its suppliers own all rights, title, and interest in the Site and the Services. All of the content on the Site and include with the Services (“Materials”) and the trademarks, service marks, and logos contained on the Site or the Services, are owned by or licensed to the Company and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Subject to these Terms, the Company grants you a revokable, limited, non-exclusive, non-transferable, non-sublicensable license to use the Site solely for your personal, non-commercial purposes. The Company reserves all rights not granted in these Terms. The Company’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Site or the Services are the trademarks of the Company and may not be used without permission for any purpose, including, but not limited to, in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on the Site or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or the Services.
Management of the Services; User Misconduct. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Site and the Services for violations of these Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) manage the Site and the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site and the Services; (d) screen our users, or attempt to verify the statements of our users and/or (e) monitor disputes between you and other users or to terminate or block you and other users from using the Site and the Services. Please carefully choose the information you share through the Site and the Services and that you give to other users of the Site and/or the Services. You assume all risks associated with dealing with other users with whom you come in contact through the Site or Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Site and Services to any person for any reason or for no reason at all, as permitted by applicable law, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms, or any applicable law or regulation.
User Content. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each user is entirely responsible for all content that that user makes available through the Site or the Services (“User Content”). The Company has no obligation to pre-screen any content. You use all User Content and interact with other users at your own risk. Without limiting the foregoing, the Company reserves the right in its sole discretion to pre-screen, refuse, or remove any content. The Company shall have the right to remove any content that violates these Terms or is otherwise objectionable. The Company does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you post or publish Your Content on or in the Site or Services, you represent that you have all of the necessary rights to grant the Company the licenses set forth in these Terms. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on the Site or in the Services. You hereby grant the Company a worldwide, perpetual, royalty-free, non-exclusive, transferable, sub-licensable, license to cache, copy, distribute, transmit, publicly display, reproduce, create derivative works and otherwise use or exploit royalty free right to copy, use, and display Your Content (in whole or in part) on the Site and Services and in other media, digital or analog, now known or hereafter developed throughout the universe including, without limitation, the internet, mobile devices, and in advertising or promotion, print or otherwise. Note that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Site or Services. The Company shall not be deemed the publisher of any User Content by virtue of its right to control said User Content.
Copyright Infringement. If you believe that any User Content or other content available on the Site or the Services violates your copyright, please send us a notice of copyright infringement to hello@thekennedymethod.co with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site or Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. It is our policy to remove infringing material in accordance with the DMCA and to terminate the user accounts of repeat infringers.
Acceptable Use. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or Services or any portion of the Site or Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other part of the Site or Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using the Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Stie or the Services; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Site or the Services; (f) you shall not access the Site or Services in order to build similar or competitive products or services; (g) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site or Services; (i) you shall not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections of the Site or Services; (j) you will not take any action that imposes or may impose (in our sole determination) an unreasonable or disproportionately large load on our technical infrastructure; (k) you will not interfere with or attempt to interrupt the proper operation of the Site or Services through any virus, device, information collection or transmission mechanisms, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site or Services through hacking, password or data mining, or any other means; (l) you will not use the Company’s name, logo, trademark or branding in a way that confuses people about your affiliation or relationship with the Company; (m) you will not use the Site or Services for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site or Services without our express written consent; (n) transmit chain letters, bulk or junk email or interfere with the Site or Services; (o) impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; or (p) use the Site or Services in connection with any franchise, pyramid scheme, “club membership,” distributor ship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents. Any future release, update or other addition to the Site or Services shall be subject to these Terms. The Company reserves all rights not expressly granted in these Terms. Any unauthorized use of the Site or Services terminates all licenses granted by the Company pursuant to these Terms. The foregoing sentence is not exclusive of any other rights or remedies that may be available to the Company under law, equity, statute, or otherwise.
User Rules. Any features and/or services provided on the Site or Services by the Company, including, but not limited to, user comments, instant messaging, and email functions, are subject to these Terms, and any other guidelines published or modified by the Company from time to time (collectively, the “Rules”). You agree to follow the Rules, and you understand that a breach of the Rule will result in a violation of these Terms. Notwithstanding anything to the contrary in the Rules, in the event that the Company determines, in its sole discretion, that you have violated the Rules, or that any part of Your Content violates the Rules, the Company will have the right to immediately remove Your Content, in whole or in part, and to temporarily suspend your access to the Site and Services, with or without notice to you, prior or otherwise. In the event that the Company, determines that your first violation was particularly offensive, the Company will have the right to immediately and permanently terminate access to the Site and Services, with or without notice to you, prior or otherwise.
Feedback. You agree that your submission of any ideas, suggestions, documents, and/or proposals to the Company (“Feedback”) is at your own risk and that the Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
Social Media. If you access or use any of the Company’s social media pages on Facebook, X (formerly Twitter), Instagram, YouTube, or any other social media platform we use, or post any reviews or comments regarding your use of the Site and/or Services on these social media services or other third party websites, we ask you to follow the following guidelines: (a) please be polite and courteous. Name calling, profanity, fighting words, discriminatory epithets, sexual harassment, bullying, gruesome language or the like, are not acceptable; (b) all postings should come from a real person. We will delete any postings from our social media pages that we believe have come from fake or anonymous profiles; (c) please verify that all information submitted is accurate and factual. Negative comments and complaints posted by you could be construed as claims about the Company or an individual and may be subject to libel laws and other legal claims; and (d) we would like to hear about your complaints or concerns regarding the Services before you share them publicly with others so that we can help resolve them for you. If you are a user and have a customer service comment, complaint, concern or idea, please email us at [contact email].
Third Party Sites. The Site and/or Services may contain links to websites operated by third parties (“Third Party Sites”), and you may be able to share information with Third Party Sites through links on the Site and/or Services; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Services does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms do not apply to Third Party Sites. Before visiting a Third Party Site through links or other means provided on or through the Site or Services, you should review the Third Party Site’s terms and conditions and privacy policy, and inform yourself of the regulations, policies and practices of these Third Party Sites.
Payments. You agree to pay all fees or charges you owe to the Company in accordance with the fees, charges and billing terms in effect at the time the fee or charge is due and payable. If you pay via credit card, you must provide the Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities. By providing the Company with your credit card number and associated payment information, you agree that the Company is authorized to immediately invoice you for all fees and charges due and payable to the Company and that no additional notice or consent is required. You agree to immediately notify the Company of any change in your billing address or the credit card used for payment to the Company. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on Services or by email delivery to you. All payments made to the Company are final, and the Company will not issue any refunds, unless the Company separately agrees to do so in writing.
Disclaimer of Warranties. To the fullest extent permitted by applicable law, all material or items provided through Site or the Services are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the Site and Services, we do not represent or imply that we endorse any materials or items available on or linked to by the Services, including, without limitation, content hosted on Third Party Sites, or that we believe any materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of the Site or Services. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms. You agree that your use of the Site and Services will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Site or the Services and your use thereof. To the fullest extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Site or the Services’ content, the content of any site linked to the Site or Services, or information or any other items or materials on the Site or the Services or linked to the Site or the Services. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, including but not limited to damage to your computer system and any device you use to access the Site or Services, resulting from your access to or use of the Site or Services, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Site or Services, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site or Services by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Site or Services.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE COMPANY PARTIES LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE GREATER OF $100 AND THE AMOUNT YOU PAID THE COMPANY FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR OMISSION GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
Indemnification. You agree to indemnify and hold the Company Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your misuse of the Site or the Services; (c) your violation of these Terms; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of these Terms or your access to Services.
Legal Disputes and Arbitration Agreement.
Please read the arbitration agreement set forth in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief.
Applicability of Arbitration Agreement. You agree that any dispute between you and us relating in any way to the Site, the Services or these Terms (a “Dispute”), will be resolved by binding arbitration, rather than in court, except that (i) you and the Company may assert claims in small claims court if the claims qualify; and (ii) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
Arbitration Rules. Any Dispute shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by the Company if you do not prevail in arbitration.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If a decision is issued stating that applicable law precludes enforcement of any of this Subsection (c) limitations as to a given claim for relief, then the applicable claim must be severed from the arbitration and brought into the state or federal courts located in Nevada in accordance with these terms. All other claims will be arbitrated.
30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 18 by sending written notice of your decision to opt-out to the following email: [email for notice]. The notice must be sent within thirty (30) days becoming subject to this Arbitration Agreement, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 18. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us. If you opt-out of these arbitration provisions, we also will not be bound by them.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Applicable Law. You agree that federal laws and the laws of the State of Nevada, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and the Company. To the extent that the arbitration provisions set forth in Section 18 do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Clark County, Nevada (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Clark County, Nevada for any litigation other than small claims court actions. IN THE EVENT OF LITIGATION RELATING TO THESE TERMS OR THE SERVICES, THE PARTIES AGREE TO WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A JURY TRIAL.
Survival. This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with the Company.
End User License Agreement. Prior to your use of The Kennedy Method and the Company’s paid offering, you will be required to agree to the Company’s then current End User License Agreement.
General.
Termination. At its sole discretion, the Company may modify or discontinue the Site or the Services, or may modify, suspend or terminate the Site and Services and your access to the Site and Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Site and Services, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Site and Services is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to the Company will remain due.
Electronic Communications. The communications between you and the Company use electronic means, whether you visit the Site or use the Services or send the Company emails, or whether the Company posts notices on the Site or Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from the Company in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Terms that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.
Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms.
Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of god, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Contact information. If you have any questions about the Services or these Terms, you can contact the Company by email at hello@thekennedymethod.co.
International Users. The Service is controlled and operated by the Company from its offices in the United States. We do not make any representations that the Service is available or appropriate for use in your location. You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Modification. If any of our employees offers to modify the terms of these Terms, such employee is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Severability. If any portion of these Terms are held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Waiver. Any waiver or failure to enforce any provision of these Terms on any occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Entire Agreement. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.