Terms
Email us with any questions.
Gift card and House Account purchases are facilitated by inKind Cards, Inc.
Visiting us from Australia? Check out our Aussie terms and conditions here.
By accessing or using our website, inkind.com, any subdomain thereof or the inKind mobile app ("inkind.com"), you acknowledge that you have read, understand and agree to be bound by these terms of use ("Terms of Use"), regardless of whether you purchasing a gift card. In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of inkind.com or related services offered by us or others. As used herein, "Users" means anyone who accesses or uses inkind.com.
These Terms of Use incorporate the inKind privacy policy, which is available to view here: privacy policy.
Visiting us from Australia? Check out our Aussie terms and conditions here.
By accessing or using our website, inkind.com, any subdomain thereof or the inKind mobile app ("inkind.com"), you acknowledge that you have read, understand and agree to be bound by these terms of use ("Terms of Use"), regardless of whether you purchasing a gift card. In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of inkind.com or related services offered by us or others. As used herein, "Users" means anyone who accesses or uses inkind.com.
These Terms of Use incorporate the inKind privacy policy, which is available to view here: privacy policy.
Amendments to Terms of Use
We reserve the right to modify these Terms of Use at any time in our sole discretion. Any changes to these Terms of Use will become effective immediately upon the posting thereof. Please regularly review these Terms of Use to keep yourself apprised of any changes. Your continued use of inkindcapital.com following the posting of changes will constitute your acceptance of the revised Terms of Use.
Sale of House Accounts
(a) Purchasing
inKind may, in its sole discretion, verify a user's identity prior to processing a purchase. inKind may also refuse to process a purchase, may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate.
inKind does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. inKind reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, inKind will attempt to notify you by email. In addition, inKind reserves the right, in its sole discretion, to correct any error in the stated retail price of the Gift Cards or House Accounts.
inKind has a process for evaluating merchants but does not fully investigate or vet merchants. inKind is not responsible for any claims associated with any issues with Gift Card or House Account credit redemptions. You should make whatever investigation you deem necessary or appropriate before purchasing any Gift Card or House Account to determine whether merchant is qualified to provide the advertised good. Merchant is solely responsible for the care and quality of the goods and services being provided.
(b) Gift Cards and House Accounts
Gift Cards and House Accounts are electronic credit certificates for specified dollar amounts that may be used to purchase items or services sold by a particular merchant (the "Merchant"), and shall be treated the same by the Merchant as any physical gift cards or other electronic gift cards that the Merchant may from time to time sell.
The Merchant is the sole issuer of the Gift Cards and House Accounts. Gift Cards and House Accounts are not redeemable for cash, unless required by law. In the event a Merchant ceases operations, you agree that your only course of action is to seek a refund from the Merchant, not from inKind.
Gift Cards and House Accounts combine two separate portions: (i) a paid portion equal to the amount you paid for the Gift Card or House Account (the "Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Gift Card or House Account if used by the promotional expiration date detailed upon purchase (the "Promotional Portion"). The Paid Portion will never expire. The paid portion is redeemed first, then the promotional portion.
The Merchant is the issuer of the Gift Card or House Account and is solely responsible for redeeming the Gift Card or House Account for items or services sold by the Merchant and for compensating you should the Merchant cease accepting Gift Cards and/or House Accounts. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Gift Card or House Account or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards or House Accounts.
inKind is solely the marketer of the Merchant's goods or services, and may from time to time engage third parties or affiliates to administer Gift Card and House Account management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release inKind and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Gift Card or House Account or the products and/or services it provides in connection with it.
By purchasing, viewing a mobile version, using or attempting to use any Gift Card or House Account, you agree to any additional deal-specific terms advertised in connection with the Gift Card or House Account at the time of purchase (the "fine print" regardless of how labeled), and these Terms of Use. These rules apply to all Gift Cards and House Accounts that we make available, except as otherwise required by law. Any attempt to redeem a Gift Card or House Account in violation of the Terms of Use will render the Gift Card or House Account void.
Unauthorized or unlawful reproduction, resale, modification or trade of Gift Cards and House Accounts is prohibited. Pricing relating to certain Gift Cards and House Accounts on inkind.com may change at any time in inKind's discretion, without notice.
(c) Refunds
In the event the restaurant ceases operations, you will be entitled to claim the remaining amount of the paid portion of your House Account from the restaurant. The paid portion is redeemed first, then the promotional portion (for example, if you paid $500 for $600 in credit and have $200 remaining on your account, you would be entitled to a refund of $100 - being $500 less the $400 of credit you have used).
Refunds for inKind Pass and House Account purchases are granted within 30 days of the purchase date.
inKind may, in its sole discretion, verify a user's identity prior to processing a purchase. inKind may also refuse to process a purchase, may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate.
inKind does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. inKind reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, inKind will attempt to notify you by email. In addition, inKind reserves the right, in its sole discretion, to correct any error in the stated retail price of the Gift Cards or House Accounts.
inKind has a process for evaluating merchants but does not fully investigate or vet merchants. inKind is not responsible for any claims associated with any issues with Gift Card or House Account credit redemptions. You should make whatever investigation you deem necessary or appropriate before purchasing any Gift Card or House Account to determine whether merchant is qualified to provide the advertised good. Merchant is solely responsible for the care and quality of the goods and services being provided.
(b) Gift Cards and House Accounts
Gift Cards and House Accounts are electronic credit certificates for specified dollar amounts that may be used to purchase items or services sold by a particular merchant (the "Merchant"), and shall be treated the same by the Merchant as any physical gift cards or other electronic gift cards that the Merchant may from time to time sell.
The Merchant is the sole issuer of the Gift Cards and House Accounts. Gift Cards and House Accounts are not redeemable for cash, unless required by law. In the event a Merchant ceases operations, you agree that your only course of action is to seek a refund from the Merchant, not from inKind.
Gift Cards and House Accounts combine two separate portions: (i) a paid portion equal to the amount you paid for the Gift Card or House Account (the "Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Gift Card or House Account if used by the promotional expiration date detailed upon purchase (the "Promotional Portion"). The Paid Portion will never expire. The paid portion is redeemed first, then the promotional portion.
- Gift Cards and House Accounts are not redeemable for cash.
- Use of a Gift Card or House Account for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.
- Gift Cards and House Accounts cannot be combined with any other coupons or promotions, unless expressly permitted by the Merchant.
- Gift Cards and House Accounts cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
- Duplicate use of Gift Cards and House Accounts is prohibited.
- Unless otherwise stated therein, the Gift Card and House Account price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Gift Card or House Account.
The Merchant is the issuer of the Gift Card or House Account and is solely responsible for redeeming the Gift Card or House Account for items or services sold by the Merchant and for compensating you should the Merchant cease accepting Gift Cards and/or House Accounts. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Gift Card or House Account or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards or House Accounts.
inKind is solely the marketer of the Merchant's goods or services, and may from time to time engage third parties or affiliates to administer Gift Card and House Account management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release inKind and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Gift Card or House Account or the products and/or services it provides in connection with it.
By purchasing, viewing a mobile version, using or attempting to use any Gift Card or House Account, you agree to any additional deal-specific terms advertised in connection with the Gift Card or House Account at the time of purchase (the "fine print" regardless of how labeled), and these Terms of Use. These rules apply to all Gift Cards and House Accounts that we make available, except as otherwise required by law. Any attempt to redeem a Gift Card or House Account in violation of the Terms of Use will render the Gift Card or House Account void.
Unauthorized or unlawful reproduction, resale, modification or trade of Gift Cards and House Accounts is prohibited. Pricing relating to certain Gift Cards and House Accounts on inkind.com may change at any time in inKind's discretion, without notice.
(c) Refunds
In the event the restaurant ceases operations, you will be entitled to claim the remaining amount of the paid portion of your House Account from the restaurant. The paid portion is redeemed first, then the promotional portion (for example, if you paid $500 for $600 in credit and have $200 remaining on your account, you would be entitled to a refund of $100 - being $500 less the $400 of credit you have used).
Refunds for inKind Pass and House Account purchases are granted within 30 days of the purchase date.
Registration and Account Security
In consideration of your use of inkind.com, you agree (a) that when required to provide information about yourself, you will provide accurate, current and complete information, (b) to keep your password secure, (c) to update any information provided by you to us in order to keep it accurate, current and complete, and (d) to be fully responsible for all use of your account and for any actions that take place using your account.
Intellectual Property Rights
All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, "Content"), other than User Content (as defined below), are the property of inKind and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright laws. No Content (other than your own User Content) may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party without our express prior written consent.
Use License
You are hereby granted a limited license to access and use the inkind.com website for personal, non-commercial transitory viewing only. Under this license, you may not:
* modify or copy the Content except as expressly permitted hereby;
* use the Content for any commercial purpose or any public display;
* attempt to decompile or reverse engineer any software contained on inkind.com;
* remove any copyright or other proprietary notations from the Content; or
transfer the Content to another person or "mirror" the Content on any other server.
This license shall automatically terminate if you violate any of the above restrictions. We may terminate this license for any reason at our sole discretion.
* modify or copy the Content except as expressly permitted hereby;
* use the Content for any commercial purpose or any public display;
* attempt to decompile or reverse engineer any software contained on inkind.com;
* remove any copyright or other proprietary notations from the Content; or
transfer the Content to another person or "mirror" the Content on any other server.
This license shall automatically terminate if you violate any of the above restrictions. We may terminate this license for any reason at our sole discretion.
Trademarks
"inKind" and its logo (collectively, "inKind Trademarks") constitute our trademarks or service marks. Other company, product, and service names and logos used and displayed on inkind.com may be trademarks or service marks owned by us or others. You may not use, copy, display, distribute, modify or reproduce any of the trademarks or service marks found on inkind.com unless in accordance with written authorization by us. The use of any of the inKind Trademarks as part of a link to or from any site is prohibited unless we provide advance written approval. Any questions concerning any inKind Trademarks, or whether any mark or logo is an inKind Trademark, should be referred to us.
User Content Agreement
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you on inKind.com will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material. You further agree not to use electronic or other means to collect email addresses or other contact information of Users for the purposes of sending unsolicited communications. Additionally, you agree not to create any automated user-generated content, use automated scripts to collect information from inkind.com or for any other purpose. You further agree that you may not use inKind in any unlawful manner or in any other manner that could damage, disable, overburden or impair inkind.com.
In addition, you agree not to use inkindcapital.com to:
* upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
* register for more than one User account or register for a User account on behalf of an individual other than yourself;
* impersonate any person or entity, or falsely state or otherwise misrepresent your identity, your age or your affiliation with any person or entity;
* upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters" or any other form of solicitation;
* except as may be permitted under separate terms and conditions of use, upload, post, transmit, share, store or otherwise make publicly available on inKind.com any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers or bank account details;
* upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* intimidate or harass another User;
* upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
* use or attempt to use another's account, service or system without our authorization; or
upload, post, transmit, share, store or otherwise make available content that, in our judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Site, or which may expose us or any User to any harm or liability of any type.
In addition, you agree not to use inkindcapital.com to:
* upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
* register for more than one User account or register for a User account on behalf of an individual other than yourself;
* impersonate any person or entity, or falsely state or otherwise misrepresent your identity, your age or your affiliation with any person or entity;
* upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters" or any other form of solicitation;
* except as may be permitted under separate terms and conditions of use, upload, post, transmit, share, store or otherwise make publicly available on inKind.com any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers or bank account details;
* upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* intimidate or harass another User;
* upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
* use or attempt to use another's account, service or system without our authorization; or
upload, post, transmit, share, store or otherwise make available content that, in our judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Site, or which may expose us or any User to any harm or liability of any type.
User Content Posted on inkind.com
You are solely responsible for the content that you post on inkind.com or transmit to or share with other Users ("User Content"). You understand and agree that we may, but are not obligated to, review and delete or remove (without notice) any User Content at our sole discretion, including without limitation, User Content that in our judgment violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.
By posting User Content to any part of inkind.com, you are deemed to grant to us, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with inkind.com or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from inkind.com at any time. However, if you choose to remove your User Content, the license granted above will not expire.
By posting User Content to any part of inkind.com, you are deemed to grant to us, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with inkind.com or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from inkind.com at any time. However, if you choose to remove your User Content, the license granted above will not expire.
Links to Third Party Websites
From time to time inkind.com may contain links to websites that are controlled, owned or operated by third parties ("third-party sites"). We take no responsibility for any information, or its availability provided on third-party sites. You acknowledge and agree that your use of any third-party sites is governed by the terms of use for those websites, and not by these Terms of Use. We do not endorse any third-party sites that have links on inkindcapital.com or any products or services offered by such sites. We provide the links for your convenience and you access them at your own risk. Any third-party sites may have substantially different privacy policies and be less secure than our own, we are not responsible for the content of any third-party sites, nor do we make any representation or warranty, express or implied, regarding the content on any third- party site, and we shall have no liability of any nature whatsoever for any failure of products or services offered or advertised on such sites or otherwise.
Copyright Complaints
If you are the owner or controller of any copyright that you believe is being infringed by material on inkind.com, you may send a written notification under the Digital Millennium Copyright Act (via mail or email) of such infringement to inKind's Designated Agent to the following address:
Attn: Compliance Officer
inKind
600 Congress Ave
Ste 1700
Austin TX 78704
Or email: compliance@inkind.com
The notice must meet the notice requirements under the Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act and other applicable law, inKind Capital has a policy of terminating, at its sole discretion, the registrations of Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to inkindcapital.com afforded to any Users who infringe intellectual property rights of others.
Attn: Compliance Officer
inKind
600 Congress Ave
Ste 1700
Austin TX 78704
Or email: compliance@inkind.com
The notice must meet the notice requirements under the Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act and other applicable law, inKind Capital has a policy of terminating, at its sole discretion, the registrations of Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to inkindcapital.com afforded to any Users who infringe intellectual property rights of others.
Service Use Technical Requirements
In order to use inKind's services and redeem food and beverage credit, You must own or have access to a smartphone with active wireless internet connectivity. Functionality of the inKind mobile application is dependent on You keeping your smartphone current with the latest updates and security patches to your operating system as well as to the latest version of the inKind app. We do not support older mobile operating systems and, if You use an older operating system, You may not be able to access the app and/or redeem credit.
Mobile Marketing
By joining the inKind Cards, Inc. dba inKind mobile alerts program, you have consented to receive recurring marketing text messages. For help email support@inkind.com. To stop receiving messages at any time, text STOP to the number we text you on. For HELP, text HELP to the number we text you on. Your consent to receive text messages is not a condition of purchase. Msg&Data rates may apply. Carriers are not liable for delayed or undelivered messages. The inKind mobile alerts program is available in the US only. For how we treat your data, please visit our Privacy Policy.
Standard messaging rates apply to your entry or submission message to any inKind text message service, our confirmation and all subsequent text message correspondence. Please contact your wireless carrier for information about your messaging and data plan(s). Your carrier may impose message or charge limitations on your account that are outside our control. All associated charges are billed by and payable to your mobile service provider.
Data obtained from you in connection with our text message service may include your cell phone number, your carrier's name, and the date, time and content of your messages to us and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. We and third-party partners collect information using cookies, pixel tags, plugins, or similar technologies. For example, we may use pixel tags to recognize and alert you, if you leave items in your shopping cart. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Your wireless carrier and other service providers may also collect data about your text usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.
Standard messaging rates apply to your entry or submission message to any inKind text message service, our confirmation and all subsequent text message correspondence. Please contact your wireless carrier for information about your messaging and data plan(s). Your carrier may impose message or charge limitations on your account that are outside our control. All associated charges are billed by and payable to your mobile service provider.
Data obtained from you in connection with our text message service may include your cell phone number, your carrier's name, and the date, time and content of your messages to us and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. We and third-party partners collect information using cookies, pixel tags, plugins, or similar technologies. For example, we may use pixel tags to recognize and alert you, if you leave items in your shopping cart. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Your wireless carrier and other service providers may also collect data about your text usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.
Use of Personally Identifiable Information
Please see our Privacy Policy.
Disclaimer of Warranties
WE DO NOT GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT, AND WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
INKIND.COM AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE OUTCOME OF YOUR USE OF THE CONTENT. WE DO NOT WARRANT THAT INKIND.COM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
WE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND INKIND.COM AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL INKINDCAPITAL.COM OFFERINGS OR RELATED TRANSACTIONS WITHOUT PRIOR NOTICE TO YOU. INKIND.COM COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF INKIND.COM IS AT YOUR OWN RISK.
INKIND.COM AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE OUTCOME OF YOUR USE OF THE CONTENT. WE DO NOT WARRANT THAT INKIND.COM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
WE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND INKIND.COM AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL INKINDCAPITAL.COM OFFERINGS OR RELATED TRANSACTIONS WITHOUT PRIOR NOTICE TO YOU. INKIND.COM COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF INKIND.COM IS AT YOUR OWN RISK.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES NOR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, NOR ANY THIRD-PARTY PROVIDERS TO THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF INKIND.COM, OR WITH A USER'S DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH INKIND.COM, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, FEDERAL OR STATE SECURITIES LAWS, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
Indemnification
You agree to indemnify and hold inKind Cards, inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or share on or through inkind.com, your use of inkind.com, your conduct in connection with inkind.com or with other Users of inkind.com, or any violation of these Terms of Use or of any law or the rights of any third party.
Consent to Electronic Disclosures
inKind can only give you the benefits of our service by conducting most of our business through the Internet. By agreeing to these Terms of Use you hereby consent to do business and receive all disclosures, notices, documents and information, including Schedule K-1s, ("Communications") from us in relation to all of your interactions and transactions on inkindcapital.com electronically by e-mail or at inkind.com and acknowledge that this agreement satisfies Revenue Procedure 2012-17 which requires affirmative consent to electronic delivery of Schedule K-1s.
To access and retain the Communications electronically, you will need to use a computer with Internet Explorer 7.0 or above, Firefox 3.0 or above, Google Chrome or similar software, Adobe Acrobat and hardware capable of running this software. By agreeing to these Terms of Use you hereby acknowledge that you can access the electronic Communications in these formats.
You may withdraw your consent to receive Communications electronically by contacting us via email at support@inkind.com with the subject heading "Electronic Disclosures". The withdrawal of your consent will not affect the legal validity and enforceability of any pending purchase you may have on inKind.com, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent.
You may also elect to receive paper copies of any Communications by contacting us at the email address stated above.
Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
To access and retain the Communications electronically, you will need to use a computer with Internet Explorer 7.0 or above, Firefox 3.0 or above, Google Chrome or similar software, Adobe Acrobat and hardware capable of running this software. By agreeing to these Terms of Use you hereby acknowledge that you can access the electronic Communications in these formats.
You may withdraw your consent to receive Communications electronically by contacting us via email at support@inkind.com with the subject heading "Electronic Disclosures". The withdrawal of your consent will not affect the legal validity and enforceability of any pending purchase you may have on inKind.com, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent.
You may also elect to receive paper copies of any Communications by contacting us at the email address stated above.
Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
Governing Law; Venue
These Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Delaware without regard to conflict-of-laws principles.
Any dispute or claim relating in any way to your use of inkindcapital.com, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: inKind, 610 W Live Oak St, Austin TX 78704, Attn: Legal. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
Any dispute or claim relating in any way to your use of inkindcapital.com, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply; and
- In the event that the arbitration agreement in these Terms of Use is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within the District of Columbia, and we both consent to the jurisdiction of those courts for such purposes.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: inKind, 610 W Live Oak St, Austin TX 78704, Attn: Legal. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
Availability
inkind.com is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to applicable law or regulation. By offering inkindcapital.com and Content, we make no distribution or solicitation to any person to use inkind.com or Content in jurisdictions where the provision of inkind.com and/or Content is prohibited by law.
Other Agreements
These Terms of Use shall be subject to any other agreements you have entered into with us.
Additional Terms
Certain sections or pages on inkind.com may contain separate terms and conditions of use, which are in addition to the terms and conditions of these Terms of Use. In the event of a conflict, those additional terms and conditions will govern for those sections or pages of inkind.com.
General Provisions
If any provision of these Terms of Use is found to be invalid or unenforceable, the provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms of Use shall remain in full force and effect. These Terms of Use supersede any previous Terms of Use to which you and we may have been bound. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall be deemed to modify any provision of these Terms of Use. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
