Kinrgy Terms of Service

Last Updated: November 25, 2020

Welcome to KINRGY!, an expanded fitness and movement experience inspired by the elements. Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of our website located at https://kinrgy.com/ and any other Kinrgy websites where we provide these Terms (collectively, the “Site”), and our online fitness classes and programs platform and related services accessible via the Site offered by KINRGY, Inc. (“Kinrgy”, “we”, “our” or “us”). Our Terms and Privacy Policy also include terms applicable to your purchase of products offered for sale by Kinrgy (each a “Product”) via the Site. To make these Terms easier to read, the Site, and our services are collectively called the “Services.”

The information presented through the Services is designed for educational and entertainment purposes only. You should consult a physician or other qualified health care professional before beginning a new fitness program. The use of information provided through the Services is solely at your own risk.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND KINRGY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 20 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you cannot use the Services.

Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services?

You may use the Services only if you are eighteen (18) years or older and capable of forming a binding contract with Kinrgy, and not otherwise barred from using the Services under applicable law.

For certain features of the Services you’ll need to register and create an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account.

Your access privileges may not be transferred by you to any third parties. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.

No Medical Advice; Health Disclaimer.  You should consult a physician or other qualified health care professional who is familiar with your personal circumstances before beginning any spiritual wellness, health or nutrition plan and if you have questions regarding a medical condition, your diet, nutritional supplements or any other matter related to your health and well-being. The information presented through the Services is not a substitute for medical treatment or advice and is not intended to be used to (i) diagnose, treat, cure, or prevent diseases; (ii) act as a guide for self-treatment; or (iii) act as a substitute for consulting with your physician. You represent and warrant that you know of no reason you should not exercise. Furthermore, you acknowledge and agree that when participating in any exercise or fitness program and when using any fitness products, devices or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such occurrences.  In addition, the use of any information provided through the Services is solely at your own risk. Kinrgy, its instructors and content providers are not licensed medical care providers or counselors, are not providing medical diagnosis, advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any activity on a known or unknown medical condition. 

Feedback.. We value your feedback on the Services and our products, but please don’t send us suggestions for improvements, creative ideas, designs, pitch portfolios or other materials (collectively “Unsolicited Ideas”).   This policy is aimed at avoiding potential disputes or misunderstandings when our Services or products might seem similar to Unsolicited Ideas that people submit. We may currently be developing, have developed or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may be similar to Unsolicited Ideas.  If you ignore this policy and send us your Unsolicited Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import and otherwise exploit your Unsolicited Ideas for any purpose, without compensation to you

Payments and Membership Subscriptions. Kinrgy requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You have the option of making a one-time payment (“One-Time Payment”) (e.g., to access certain classes) or purchasing a subscription for membership (“Subscription”) for such use.

General. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. If we cannot collect fees owed by you for any reason, you remain responsible for any uncollected amounts, and we reserve the right to invoice you, which invoices are due upon receipt. In accordance with local law, we may update information regarding your selected payment method if provided such information by your financial institution.

Subscriptions. If you purchase a Subscription, you will be charged the monthly or annual Subscription fee applicable to your selected membership tier, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month or year thereafter, as applicable, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE KINRGY TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or each year on the anniversary of the commencement of your Subscription, as applicable, using the Payment Information you have provided until you cancel your Subscription. No less than fourteen (14) days before your Subscription term ends in the case of monthly Subscriptions, or no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends in the case of annual Subscriptions, or otherwise in accordance with applicable law, Kinrgy will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Kinrgy. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. From time to time we may introduce new features, upgrades, or other benefits for higher membership tiers not currently offered by us under these Terms.

Cancelling One-Time Payment or Subscription. You may cancel a Transaction for a full refund within seven (7) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to cancel@kinrgy.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges. For the avoidance of doubt, cancellation of your Subscription will not result in termination of your account and status as a registered user of the Services.

Free Trials and Promotions.  We may offer Subscriptions on a free trial basis (“Free Trial”) for a specified period of time or other discounts or promotions (“Promotions”) from time to time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at the time of signup and/or in the promotional materials describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously subscribed to the Services in connection with which the Free Trial is being offered. When you agree to a Free Trial, you are also agreeing to sign up for a Subscription as described above and, consequently, unless you cancel your Subscription prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your payment method on a recurring basis for the Subscription Fee (plus any applicable taxes) until you cancel your Subscription. Instructions for cancelling your Subscription are stated above in Section 7(c). In the case of Promotions, any applicable sales and use taxes and services fees will be calculated based on the discounted Subscription value after the Promotion is applied. Unless otherwise stated by us in writing, only one Promotion may be used per account and cannot be combined with other Promotions or any other discounted offers. You may not sell or transfer your Promotion or create multiple accounts in order to take advantage of our Promotions. We may modify or cancel any Promotion at any time. If you violate these Terms, we reserve the right to cancel your Promotion.

Product Purchasing. 

Ordering and Payment.  When you place an order for any Products via the Services, you agree: (i) that Kinrgy may, directly or through a third party payment processor, charge the credit card, debit card or other payment method you have chosen, or use the Payment Information you provided pursuant to Section 7(a) above, for your purchase for the total amount of your order (including any applicable taxes, shipping and handling fees) for verification, pre-authorization and payment purposes; and (ii) to bear any additional charges that your bank or other financial service provider may levy on you. 

  • Unless otherwise specified at the time of purchase, you must pay for Products at the time you place the order. When your order is accepted by Kinrgy, we will send you an email which will include the details of your order and an order number that you should refer to if you have any questions regarding your order.
  • We reserve the right to not process or reject your order in certain circumstances, for example, if your payment method is declined, if we suspect the request or order is fraudulent, or in other circumstances Kinrgy deems appropriate in its sole discretion. We may also limit the order quantity, extend the delivery timeline for any reason after the order has been placed and accepted, cancel an order placed by you and/or refuse to ship a Product to you for any reason Unfortunately, we cannot guarantee the availability of Products.

We have made every effort to display as accurately as possible the colors and images of the Products. We cannot guarantee that your computer monitor's display of any color will be accurate. All Products descriptions are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time.  Any offer for any Product made via our Services is void where prohibited. 

  • The Services are intended solely for the sale of our Products directly to end consumers, and therefore the purchase of our Products for resale is strictly prohibited. Purchase for resale means the purchase of a Product by someone that resells, or intends to resell, such Product to others (e.g., consumers, businesses or any third party). If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict the sales of our Products to you, cancel your orders, and/or suspend or terminate your account and access to the Services.

Prices and Taxes.  All prices for our Products displayed via the Services are in U.S. dollars and are subject to change at any time without notice. The prices displayed do not include shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at check out before you place an order and you are responsible for paying such charges and taxes to Kinrgy.

Shipping and Returns.  All Products purchases via our Services are also governed by our shipping, return, and exchange policies located at https://shop.kinrgy.com/pages/shipping-and-returns (“Shipping and Returns Policies”) which are incorporated into these Terms by reference.  Please review all Shipping and Returns Policies before purchasing a Product from, or entering into any such purchase transaction with, Kinrgy. Any Products purchased through an unauthorized vendor cannot be returned or exchanged.

Your Content.

Posting Content. We may provide you with interactive opportunities through the Services, which may allow you to share content such as text (in posts or communications with others), graphics, images, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Kinrgy does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Kinrgy a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content for any purpose, whether commercial or non-commercial, without payment of any compensation to you.

Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Kinrgy on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Kinrgy’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

General Prohibitions and Kinrgy’s Enforcement Rights. You agree not to do any of the following:

Post, upload, publish, submit or transmit any User Content that: (1) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) is fraudulent, false, misleading or deceptive; (4) is defamatory, obscene, pornographic, vulgar or offensive; (5) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (6) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (7) promotes illegal or harmful activities or substances;

Use, display, mirror or frame the Services or any individual element within the Services, Kinrgy’s name, any Kinrgy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Kinrgy’s express written consent;

Access, tamper with, or use non-public areas of the Services, Kinrgy’s computer systems, or the technical delivery systems of Kinrgy’s providers;

Attempt to probe, scan or test the vulnerability of any Kinrgy system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Kinrgy or any of Kinrgy’s providers or any other third party (including another user) to protect the Services;

Deep-link to the Services or attempt to access or search the Services or download, extract, scrape, copy, monitor, or record any portion of data or content from the Services manually or using any engine, automated program, software, tool, agent, device or mechanism (including spiders, robots, crawlers, extraction software, data mining tools, methods of screen scraping, or the like) other than the software and/or search agents provided by Kinrgy or other generally available third-party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, including any unsolicited ideas or additional information relating to the Services that are not already provided to you, including under these Terms;

Use any meta tags or other hidden text or metadata utilizing a Kinrgy trademark, logo URL or product name without Kinrgy’s express written consent;

Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, in whole or in part, or use access to the Services to develop any competing offering;

In any way use, or use any means to gain access to, the Services for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Kinrgy is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy. Kinrgy respects copyright law and expects its users to do the same. It is Kinrgy’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Kinrgy’s Copyright Policy at copyright@kinrgy.com, for further information.

Links to Third Party Websites or Resources. The Services may also allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such third-party websites or other resources, or their content, products or services. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at cancel@kinrgy.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 7(a), 7(b), 7(c) (only for payments due and owing to Kinrgy prior to the termination), 10(b), 10(c), 11, 15, 16, 17, 18, 19, 20 and 21.

Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND other than as expressly provided in writing by Kinrgy in connection with your purchase of a Product, to the extent permitted by law, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty as to any results that may be obtained from use of the Services or any Product or access to the content or information provided therein, or that the Services or any Product will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

Indemnity. You will indemnify and hold Kinrgy and its officers, directors, employees and agents, harmless from and against any claims, actions, disputes, demands, liabilities, damages, losses, penalties, fines, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KINRGY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KINRGY OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL KINRGY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO KINRGY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO KINRGY, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KINRGY AND YOU.

Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 20 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Kinrgy are not required to arbitrate will be the state and federal courts located in Los Angeles County, California, and you and Kinrgy each waive any objection to jurisdiction and venue in such courts.

Dispute Resolution.

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Kinrgy agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Kinrgy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

Exceptions. As limited exceptions to Section 20(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

Injunctive and Declaratory Relief. Except as provided in Section 20(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

Class Action Waiver. YOU AND KINRGY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

Severability. With the exception of any of the provisions in Section 20(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

General Terms.

Reservation of Rights. Kinrgy and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. These Terms do not constitute a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Kinrgy and you regarding the Services, and these Terms supersede and replace all prior or contemporaneous oral or written understandings or agreements between Kinrgy and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Kinrgy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Kinrgy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Any notices or other communications provided by Kinrgy under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights. Kinrgy’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kinrgy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information. If you have any questions about these Terms or the Services, please contact Kinrgy at welisten@kinrgy.com.