Terms of Service



KINSIDE, INC.
Last Updated on August 3, 2020

These Terms of Service (“Terms”) govern your use of the services provided by Kinside, Inc. (“Kinside”, “we”, “us”, “our”), including without limitation our website, mobile or web applications, or other digital products that link to or reference these Terms (collectively, the “Kinside Services”). These Terms are a binding legal agreement between you or the entity you represent (“you”) and Kinside. In these Terms, “you” and “your” refer to you, a user of the Kinside Services. A “user” is you or anyone who accesses, browses, or in any way uses the Kinside Services, including parents, legal guardians, childcare centers, or childcare providers, as referenced in these Terms.

PLEASE BE AWARE THAT THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT REQUIRES YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE SEE SECTION 13, BELOW.

These Terms refer to our privacy policy available at https://www.kinside.com/privacy-policy (“Privacy Policy”), hereby incorporated by reference, which also applies to your use of the Kinside Services and which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

Please read these Terms carefully, as they may have changed. Though your access and use of the Kinside Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website. IF YOU CONTINUE TO USE THE KINSIDE SERVICES AFTER THE CHANGES TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. These Terms are to ensure that you will use the Kinside Services only in the ways in which we intend for it to be used.

By accessing or using the Kinside Services:

If you have any questions at all about these Terms of Service, please do not hesitate to contact us at info@kinside.com.

1. Description of the Kinside Services.

Through the Kinside Services, we strive to provide the information working parents and legal guardians need to make the best childcare decisions for their family and assist with that information gathering to lighten the load that parents juggle every day. We also provide a platform for childcare providers and centers to connect with parents and legal guardians seeking their services. The Kinside Services may include concierge services, tools, information, and other services for childcare needs of working parents. We provide the Kinside Services to parents directly or through employers as a childcare benefit to its employees. The services provided to employers are subject to the terms and conditions of a separate services agreement. If you are a user who is eligible for concierge services, based on the information provided through the Kinside Services, a representative of Kinside’s Concierge team will provide concierge services to you that may include but are not limited to (i) searching within the Kinside childcare providers database for and suggesting potential licensed daycares, preschools, childcare or providers; (ii) calling and asking for availability at a childcare center on behalf of the parent; and (iii) providing general guidance, resources, and Content related to childcare. The Kinside Services are currently available in the continental U.S. only.

Kinside is not a matching or placement service and does not provide, place, or seek to confirm any placements in a childcare center or engagement of a childcare provider for any of its users. Parents or legal guardians are solely responsible for determining which childcare centers or providers to follow up with for additional information, enrolling a child in a childcare center or engaging a childcare provider, and confirming proper licensing, researching and deciding suitability of the center or provider, conducting any reference or background checks, and similar assessment and decision making activities. Similarly, if you are a childcare center or provider, you are solely responsible for all enrollment related decisions. Unless otherwise stated, Kinside makes no representations or warranties about any childcare centers or providers suggested in connection with the Kinside Services or any parents or legal guardians who are part of the Kinside Services, and shall have no liability for the availability or actions (whether online or offline) of any childcare centers, providers, parents, legal guardians or other users.

2. Accessing the Kinside Services.

We grant you permission to access and use the Kinside Services subject to the restrictions set out in these Terms. It is a condition of your use of the Kinside Services that the information you provide is correct, current, and complete. Your use of the Kinside Services is at your own risk. You are responsible for making all arrangements necessary for you to have access to the Kinside Services. We may close your account or suspend your ability to use certain portions of the Kinside Services for any or no reason, and without notice or liability of any kind.

3. Account Registration and Account Security.

Some or all of the Kinside Services and certain features or functionalities, may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself. All such information is subject to our Privacy Policy.

Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not disclose it to any third-party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information.

You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect our community of users and properly administer the Kinside Services, we have the right to disable or close any user account at any time and for any or no reason.

4. Prohibited Uses.

You may use the Kinside Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.

You agree not to, and will not assist, encourage, or enable others to use the Kinside Services:

For any commercial purpose, except as expressly permitted under these Terms.

For competitive analysis or to build competitive products.

To violate any applicable national, regional, federal, state, local, or international law or regulation.

To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which:

  • Is, or contains any material which is, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
  • Violates or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy; or
  • Is likely to deceive or confuse any person.

In violation of these Terms or any other rules or policies posted by us on the Kinside Services.

To reverse engineer any portion of the Kinside Services.

To modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Kinside Services, except as expressly authorized by Kinside.

To remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Kinside Services or on any materials printed or copied from the Kinside Services.

To record, process, harvest, collect, or mine information about other users.

To access, retrieve, or index any portion of the Kinside Services for purposes of constructing or populating a searchable database.

To use any robot, spider, or other automatic device, process, or means to access the Kinside Services for any purpose.

To use the Kinside Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”).

To use the Kinside Services to violate the security of any computer network, crack passwords or security encryption codes.

To remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Kinside Services.

To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Kinside Services, the server on which the Kinside Services is stored, or any server, computer, or database connected to the Kinside Services.

To attack the Kinside Services via a denial-of-service attack or a distributed denial-of-service attack.

To otherwise attempt to interfere with the proper working of the Kinside Services.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without the prior written consent of Kinside, which may be withheld in our sole discretion. We reserve the right to request additional information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion. Any additional remedies or accommodations may be provided in our sole discretion.

5. Payments and Fees.

Kinside allows users to make and receive payments through the Kinside Services. We use a third-party payment service (“Third Party Payment Service”) to facilitate payments and process credit card and other account information relating to any transaction or purchase through Kinside. We currently support ACH payments (including checking and Flexible Spending Accounts) and credit card payments via Stripe. You hereby agree that all transaction information you provide is accurate, complete and current. You shall also be responsible for any federal, state or local taxes associated with payments made through the Kinside Services. These payment terms shall apply to all transactions carried out through the Kinside Services, including payments to childcare centers/providers, fees to Kinside, as well as purchase of any third-party products or services available on Kinside, from time to time.

Payments to Childcare Centers/Providers

Users of the Kinside Services contract directly with other users for childcare services. Kinside is not a party to any contracts for services between users, however, Kinside does allow parents and legal guardians to make payments, and childcare centers and childcare providers to receive payments, through the Kinside Services, subject to the payment terms described above. In order to facilitate certain payments, users may need to verify their account and authorize us to debit or credit their account. Such authorization must be given in the form and manner prescribed by us based on prevalent regulations.

Fees to Kinside and other Charges

In order to utilize certain Kinside Services or product offerings, users may be required to pay Kinside either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any federal, state or local sales taxes associated with the Kinside Services or product offerings purchased.

Kinside also reserves the right to charge a convenience fee on payments made to childcare centers, childcare providers. Such fee will be displayed on the applicable page prior to completing the transaction.

6. Kinside Content and IP Ownership.

We own the Kinside Services and all of our trademarks, logos, branding, and any other Content that we create in connection with the Kinside Services (“Kinside Content”), including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Kinside Content and the Kinside Services (collectively, “Kinside IP”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Kinside IP are retained by us.

We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other user of the Kinside Services. You understand that when using the Kinside Services, you will be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication (“Content”) from a variety of sources, and that Kinside is not responsible for the usefulness, or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the Kinside Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content.

7. Your Content and Publicity.

Responsibility for your Content. Certain types of users may be able to contribute content or information within or through the Kinside Services. You understand and acknowledge that you alone are responsible for Content that you submit or transmit to, through, or in connection with the Kinside Services that you publicly display or displayed in your account profile (collectively, “Your Content”), and you, not Kinside, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Kinside. You represent and warrant that Your Content does not violate these Terms. The Kinside Services may include certain functionalities that allow you to send messages or otherwise communicate with other users. Please use your discretion and judgment in sharing any personal or sensitive information via such messages. You agree that you alone are responsible for the information and content you share via such messages.

Our Right to Use Your Content. Subject to the statements we make regarding protecting certain information in our privacy policy, You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, and transferable rights to use Your Content for purposes of providing the Kinside Services. Please note that you also irrevocably grant the users of the Kinside Services the right to access Your Content in connection with their use of the Kinside Services. Finally, you irrevocably waive, and cause to be waived, against Kinside and its users any claims and assertions of moral right or attribution with respect to Your Content. By “use” we mean use, make, have made, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms, privacy policy or our other policies, (1) to maintain Your Content in confidence; (2) to pay you any compensation for Your Content; (3) to credit or acknowledge you for Your Content; (4) to respond to Your Content; or (5) to exercise any of the rights granted herein with respect to Your Content.

Publicity. Additionally, you also grant Kinside the right to use, reproduce and publish your name, description of childcare services provided or received, photograph, voice, statements and testimonials in connection with providing and promoting the Services (“Publicity Materials”). You will have the right to approve such Publicity Materials before they are published.

8. Links to Third-Party Services.

From time to time, the Kinside Services may be integrated, interact or partner with third party applications, links, websites, and services (“Third-Party Services”). These Third-Party Services may have their own terms and conditions of use and privacy policies. Your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Kinside does not endorse and is not responsible or liable for the conduct, services, features, or content of any Third-Party Services or for any transaction you may enter into with the provider of any such Third-Party Services, nor does Kinside warrant the compatibility or continuing compatibility of the Third-Party Services with the Kinside Services. If you decide to access or purchase any of the Third-Party Services linked to the Kinside Services, you do so entirely at your own risk.

9. No Guarantees of Services or Availability of Childcare.

Regarding the Kinside Services. Although we hope to make the Kinside Services available at all times in the future, there may be times when we need to disable the Kinside Services either temporarily or permanently. The Kinside Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Kinside will not be liable if all or any part of the Kinside Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Kinside Services, or the entire Kinside Services, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Kinside Services, including with respect to device compatibility.

Regarding Childcare Providers and Childcare Centers. We use best efforts and typically are able to identify potential childcare centers in most locations. However, we cannot guarantee availability in any given childcare center at a particular time due to market conditions outside of our control or suggested childcare centers that meet all of your identified needs. Further, there may be limited situations where we are unable to suggest potential childcare centers or providers due to other circumstances outside of our control. While Kinside conducts an initial screening of childcare centers, based on publicly available information, we have no control over and do not guarantee (i) the quality, safety, suitability, or legality of any of the childcare providers or childcare centers, (ii) the truth or accuracy of any childcare provider or childcare center listings or descriptions, or (iii) the performance or conduct of any childcare provider or childcare center.

10. Disclaimer of Warranties.

KINSIDE IS NOT RESPONSIBLE FOR THE PERFORMANCE OR COMMUNICATIONS OF USERS, NOR DOES IT HAVE CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF SERVICES PROVIDED BY CHILDCARE CENTERS/PROVIDERS, OR PARENTS OR LEGAL GUARDIANS, NOR OF THE INTEGRITY, RESPONSIBILITY, COMPETENCE, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USERS (INCLUDING CHILDCARE CENTERS/PROVIDERS AND PARENTS/LEGAL GUARDIANS). KINSIDE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE SERVICES PROVIDED BY, OR THE COMMUNICATIONS OF OR BETWEEN, USERS IDENTIFIED THROUGH THE KINSIDE SERVICES, WHETHER IN PUBLIC OR PRIVATE, VIA ON- OR OFF-LINE INTERACTIONS, OR OTHERWISE.

USERS HEREBY ACKNOWLEDGE THAT KINSIDE DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR THE SERVICES PROVIDED BY A CHILDCARE CENTER OR PROVIDER AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE ACTS OR OMISSIONS OF THE CHILDCARE CENTERS AND PROVIDERS. KINSIDE ALSO EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PARENTS, LEGAL GUARDIANS OR OTHER USERS OF THE KINSIDE SERVICES.

KINSIDE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY OR FITNESS FOR PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION OR CODE. THE KINSIDE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS KINSIDE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KINSIDE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KINSIDE OR LAW ENFORCEMENT AUTHORITIES.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY" AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTIONS 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (X) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.

11. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINSIDE, ITS AFFILIATES OR CORPORATE PARTNERS, BE LIABLE FOR, AND YOU HEREBY RELEASE KINSIDE AND ITS AFFILIATES AND CORPORATE PARTNERS FROM, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE KINSIDE SERVICES, WHETHER OR NOT KINSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE KINSIDE SERVICES. UNDER NO CIRCUMSTANCES WILL KINSIDE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE KINSIDE SERVICES OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH USERS OF THE KINSIDE SERVICES, EXCEED (I) THE AMOUNTS YOU HAVE PAID OR OPTED TO PAY VIA THE KINSIDE SERVICES AS A PARENT OR LEGAL GUARDIAN, IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, (II) IF YOU ARE A CHILDCARE PROVIDER, THE AMOUNTS PAID TO YOU VIA THE KINSIDE SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, AND (III) IF NO SUCH PAYMENTS HAVE BEEN MADE, THE AMOUNT OF THOUSAND DOLLARS ($1,000.00).

IN NO EVENT WILL KINSIDE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE KINSIDE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED BASED ON INFORMATION OBTAINED THROUGH THE KINSIDE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE KINSIDE SERVICES, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE KINSIDE SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

12. Indemnification.

You shall indemnify and hold harmless Kinside, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from: (i) your violation of these Terms or your use of the Kinside Services, (ii) materials and Content you submit, post or transmit through the Kinside Services, or (iii) any relationship or agreement formed or any interaction with, a childcare center, childcare provider, parent, legal guardian or other user, pursuant to information obtained through the Kinside Services.

13. Governing Law.

This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California.

14. Arbitration and Class Action Waiver.

Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KINSIDE. For any dispute with Kinside, you agree to first contact us at info@kinside.com and attempt to resolve the dispute with us informally. In the unlikely event that Kinside has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Los Angeles County, California, unless you and Kinside agree otherwise. If you are using the Kinside Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Kinside Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Kinside from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE KINSIDE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND KINSIDE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND

15. General Terms.

These Terms, together with the Privacy Policy and any other agreement(s) that govern your use of Kinside Services, constitute the sole and entire agreement between you and Kinside with respect to the Kinside Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Kinside Services. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms. Further, childcare centers and providers are independent business owners and not employees, partners, representatives, agents, joint venturers, franchisees or independent contractors of Kinside. No waiver of these Terms by Kinside shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Kinside to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Kinside’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect.

16. Contact.

All feedback, comments, requests for technical support, and other communications relating to the Kinside Services should be directed to: info@kinside.com. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development that is owned by us, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Kinside and its users any claims and assertions of any moral rights contained in such Feedback.

If you have any questions about these Terms of Service, you can contact info@kinside.com or by mailing us at the below address:

Kinside, Inc.
2058 N Mills Ave, #533
Claremont, CA 91711