Terms and Conditions

Kindfully, LLC (“Kindfully”, “us”, or “we”) owns and operates this website, Kindfully.com (the “Site”). These Terms and Conditions (the “Agreement”) form a binding legal agreement that governs your use and access to the Site and any related mobile, software, and other applications and goods and services provided by Kindfully (collectively, “Services”). You represent that you are authorized to enter into this Agreement and that you are at least 18 years old and, if applicable, authorized to act on behalf of and bind any company using the Services. Kindfully has a separate Privacy Policy, which is incorporated herein by reference. You and Kindfully may also be referred to collectively as the “Parties” or individually as a “Party.”

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.

1. License to Use the Site. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-sublicensable, nontransferable, and revocable right to access the Site and use the Services for your personal, non-commercial use. We reserve the right to monitor your usage of the Services for the purpose of determining that it complies with this Agreement.
   
   
2. Prohibited Conduct. You may not use the Site or Services other than as expressly permitted herein. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Service or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Services, Site, or underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services or Site; (g) collect information about users of the Services or the Site; (h) violate any law, rule, or regulation, or (i) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services or Sites.
   
   
3. Account Registration and Security. If you create an account, you agree to provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. You agree to notify us immediately of any unauthorize use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses, or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge.
   
   
4. Memberships. We offer various subscription membership plans (each a “Membership” and, collectively, “Memberships”) which include regular shipments of our products, or which enable digital access to features and benefits available on the Site. YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS, AND YOU WILL CONTINUE TO BE CHARGED, UNTIL AND UNLESS YOU CANCEL YOUR MEMBERSHIP, OR WE SUSPEND OR TERMINATE IT, IN ACCORDANCE WITH THIS AGREEMENT.
   
   
5. Membership Cancellation Policy. Memberships may be cancelled at any time, subject to this Agreement. In order to cancel your Membership, you must navigate to “My Account” and cancel there or email us at hello@kindfully.com. You must contact us via one of the above methods and complete cancellation within the timeframes stated in the Kindfully Membership Terms for your cancellation to be effective in a timely fashion. We do not charge cancellation fees. Canceling your Membership does not provide you a refund for Membership payments already processed, nor does it stop a pending charge. Your cancellation will go into effect for the following billing cycle. 

1. Terms of Sale. The following terms apply to your purchase of the products offered on the Site, whether by way of a Membership, one-time purchase, or otherwise (“Purchase”).
   
   
1. Availability and Pricing. We reserve the right to change the prices and available products and Memberships at any time. Any Membership you have already paid for will not be affected by such change for the then-current term of the Membership. Quantities of some products may be limited and stock cannot always be guaranteed. All prices quoted on the Site are in U.S. dollars. The availability of products may be limited depending upon the shipment destination. Prices do not include shipping and handling fees, foreign exchange or transaction fees, or any applicable taxes – any shipping and handling fees and taxes charged or collected by us will be added to your order and will appear as a separate charge on your order receipt/confirmation.
   
   
2. Product Descriptions. There may be times when certain information contained on the Site may be (or appear to be) incorrect, incomplete, or inaccurate as a result of an error or the browser, hardware, or other technology you are using to access the Site. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) and/or to update product information at any time without notice.
   
   
3. Orders. We have the right to refuse or limit any orders and Memberships. We will not be liable if a product is unavailable or if a shipment is delayed.
   
   
4. Returns. 100% customer satisfaction is important to us. If you’re not satisfied with your order in any way, you can contact us at hello@kindfully.com within 30 days of your purchase. Our team will gladly help to make things right. 

1. Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of products, or if you are otherwise unhappy with any product, please contact us. We must receive notice of a damaged or incomplete shipment within fourteen (14) days of receipt. Any refunds or replacements are made solely at our own discretion. 

1. Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Memberships, which automatically renew. We accept the forms of payment stated on the Site and, for credit and debit card payments, charge your credit or debit card when your order is processed. The bank issuing your credit or debit card may control when to release funds in the event of an order cancellation or refund. We reserve the right to use the payment information you provide us to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction, and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, at our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including (but not limited to) if you use the Services in breach of this Agreement and/or any applicable law or regulation or if we determine, at our sole discretion, that your payments have excessive disputes or reversal rates.
   
   
2. Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
   
   
3. Taxes and Shipping and Handling. Stated prices do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by us in our sole discretion, to cover the cost of processing, handling, and shipping orders, and which may include amounts incurred for customs, transport, and duties as applicable. Any shipping and handling charges will be added to your order and will appear as a separate charge on your receipt/order confirmation. For European customers, we will pay via the common carrier the import VAT and duties in relation to your order on your behalf. Nevertheless, as the importer of record, you are legally responsible for all taxes and duties and we will charge you for any payment of taxes that we make on your behalf. We take no responsibility for any other taxes for which you may be liable. You hereby acknowledge and agree that we have your irrevocable authority to deal with all matters (including, but not limited to, disputes) with HM Revenue & Customs on your behalf in relation to any importations of the products that we have arranged on your behalf. This includes, but is not limited to, signing and filing any forms, claims, and returns in relation to the importation.
   
   
4. Gift Certificates. Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.
   
   
5. Personal Use Only. Products are for your personal use only. You agree not to see or resell any Products you purchase or otherwise receive from us in connection with your Membership. Except where prohibited by law, we may limit the quantity of products available for purchase. We reserve the right, with or without notice and at our sole discretion, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of this Agreement.
   
   
1. Dispute Resolution. THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES THAT ARISE BETWEEN YOU AND KINDFULLY MUST BE RESOLVED.

1. Definition of Claims: “Claim(s)” means any dispute between the Parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, shareholders, and/or licensors (who shall be third-party beneficiaries of this arbitration provision) arising out of, related to, or in connection with this Agreement, the Services, or Kindfully’s representations. 

1. Arbitration: You and Kindfully agree that all Claims must be resolved exclusively through final and binding arbitration, rather than in court. There is no judge or jury in arbitration. One arbitrator will resolve any and all Claims, including any disputes arising out of or related to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that this requirement to arbitrate is void or voidable. The arbitrator's award will be final and binding, and a judgment on the arbitrator’s award may be entered by a court. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, available at www.adr.org. You and Kindfully agree to begin any arbitration by submitting a Demand for Arbitration to the AAA. This agreement to arbitrate will not preclude any action for injunctive relief in aid of arbitration.

Class Action Waiver: YOU AND KINDFULLY MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND KINDFULLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. 

1. Payment of Arbitration Fees: Payment of all arbitration fees will be governed by the AAA's rules. However, if the value of the relief you seek is $10,000 or less, at your request, Kindfully will pay all arbitration filing fees associated with the arbitration, provided that, if the arbitrator determines that your Claim is frivolous or brought for an improper purpose, you shall reimburse any arbitration fees paid by Kindfully within 14 days. Any request for payment of fees by Kindfully should be submitted by mail to the AAA along with the Demand for Arbitration.

1. Governing Law and Location: The parties agree that this Contract and any Claims shall be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, exclusive of conflict or choice of law rules. The location of the arbitration shall be the county where you reside, provided that either Party may choose to have the arbitration conducted by telephone, video conference, written submissions, or a mutually-agreed location.

 

Disclaimers of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, KINDFULLY AND ITS OWNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KINDFULLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE OPERATION OF ANY WEBSITE OR MATERIALS PROVIDED THROUGH THE SERVICES. KINDFULLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KINDFULLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY ASPECT OF THE SERVICES OR MATERIALS. KINDFULLY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECTS, WHETHER HUMAN OR TECHNICAL IN NATURE. KINDFULLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP ANY ACCOUNT CREDENTIALS OR OTHER DATA SECURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

1. Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, KINDFULLY AND ITS OWNERS AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY THEORY, ARISING OUT OF OR RELATED TO THE SERVICES OR ANY CLAIMS, REGARDLESS OF NOTICE. THESE LIMITATIONS REFLECT AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Intellectual Property. Kindfully and/or its affiliates owns all right, title, and interest in and to the Services and the Site, along with all related technology and intellectual property and proprietary content, including all related copyrights and trademarks. Subject to this Agreement, Kindfully grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services solely in accordance with the Agreement for your personal use. Kindfully reserves all rights in its intellectual property and proprietary content.   

Prohibited Conduct. You will not attempt to modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any content that forms part or all of the Services. You will not attempt to reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software employed by Kindfully. You will not use the Services in a manner that could disable, overburden, damage, or impair the Services. You will not use any robot, spider, or automatic device to access the Services for any reason. You will not introduce any virus or other malware to any Kindfully website, application, or related servers. You will not attempt to gain access to any aspect of the Services that you are not authorized to access. You will not attempt to resell or sublicense the Services. You will not use the Services to market any goods or services to any consumer or to engage in any commercial activity without prior written permission of Kindfully. You will not use the Services to engage in any conduct that restricts or inhibits the use of the Services by any other person, or which, as determined by Kindfully, may harm Kindfully or other users of the Services or expose them to liability.

Contributions to Kindfully. Any text, photographs, artwork, ideas, questions, reviews, comments, messages, communications with us or others, suggestions, or other content that you submit, post to or disseminate using the Site or otherwise provide to us are referred to as “User Content”. By sharing, submitting, or uploading any User Content, you grant Kindfully a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble, and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content. You irrevocably waive and agree not to assert any rights that you have to prevent us from exploiting the rights granted by this provision. We have the right to remove, edit, or access any User Content for any reason.

Indemnification. You agree to defend, indemnify, and hold harmless Kindfully and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, shareholders, and licensors, from and against any claims, damages, losses, liabilities, costs, attorney’s fees, and expenses arising out of or related to any third-party claim concerning: (a) your use of the Services; (b) your breach of this Agreement; or (c) your violation of any applicable law. You may not settle any such claim without the written consent of Kindfully. 

Third-Party Content. Kindfully is not responsible for third-party websites, applications, or content, even if made available through the Service. Kindfully does not control third parties, and your reliance on any third-party content is entirely at your own risk.

Opting Out of Communications. By submitting your contact information through the Services, you expressly agree to be contacted by Kindfully and its agents for marketing purposes. You may opt out of marketing communications at any time by following the instructions in each communication or contacting us. If you opt out, we may still send you non-promotional communications, such as updates to this Agreement or our Privacy Policy. 

Termination and Modification. Kindfully may change or terminate the Services from time to time without any notice to you. Kindfully may terminate this Agreement at any time by discontinuing the Services or upon notice to you. Further, Kindfully may modify the terms of this Agreement at any time by posting a new version via the Services, and you should review the Agreement each time you use the Services. This Agreement may not otherwise be amended except in writing, signed by both Parties. If you do not agree to this Agreement, you must immediately cease using or accessing the Services. Provisions regarding dispute resolution, intellectual property, no guarantees, disclaimers, limits of liability, indemnification, and miscellaneous terms will expressly survive any termination of this Agreement. 

Miscellaneous. The Parties are independent contractors, and this Agreement and Services do not create any partnership, joint venture, or agency. The failure by either Party to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit such Party’s right to enforce such provision at a later time. All waivers by must be in writing to be effective. You may not assign or transfer this Agreement or any rights or obligations without the prior written consent of Kindfully. Kindfully may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights under this Agreement, without your consent. The Agreement will be binding on and will inure to the benefit of the Parties’ successors and permitted assigns.  This Agreement is the entire agreement between you and Kindfully regarding the subject matter of this Agreement and supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and Kindfully, whether written or verbal, regarding the subject matter of this Agreement. Except as expressly provided otherwise, if any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to the effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect. The headings herein are for convenience only and are not part of the Agreement. Kindfully will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Kindfully’s reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.