Terms of Service
June 15, 2023
Thanks for being a part of The KINN. We exist to empower people to become agents of change while thriving personally and professionally in a rapidly changing world.
These Terms of Service (“Terms”) apply to your access to our physical space, use of websites and any mobile applications, restricted-access web-based services (i.e., those requiring a login), any membership programs or other services that the KINN provides (collectively, the “Services” or “Site”) provided by the KINN Collective LLC (“KINN” or “we”). By clicking your consent (e.g. “Continue,” “Apply,” “Sign-in,” or “Sign-up,”) or by using our Services, you agree to these Terms.
Our Privacy Policy explains how we collect and use your information while our Handbook outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms and our Handbook.These Terms are subject to change at any time without advance notice. We will post the most updated Terms on our website with the date at which it was updated. All new Terms are effective as of the date of publishing. By continuing to use our Services after a change in the Terms, you agree to be bound by the new Terms.
1. Your Account and Responsibilities
You’re responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
Your use of the Services must comply with our Rules.
You may browse our Services without registering for an account. You will be required to register for an account to access certain features of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.
Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account.
You will have no ownership of your account or your username. Notwithstanding anything to the contrary in these Terms, we reserve the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.
2. User Content on the Services
We reserve the right (but do not have any obligation) to monitor, remove, edit, or modify any Content, in our sole discretion, at any time for any reason or for no reason at all.
From time to time, The KINN may invite you to send messages, comment publicly, leave feedback and reviews, and post other content on the Site. You remain the sole owner of all intellectual property rights in what you post. You are responsible for all content you share through our Site.
3. Other Websites
The Site contains links to other websites that we think may be of interest to you. We have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. The KINN has not reviewed all of the sites that link to the Site and is not responsible for the content on any of those sites linked to the Site. If you use a link to visit any other site, you do so at your own risk. A link does not imply endorsement or affiliation with the linked site by The KINN.
4. Membership Terms of Service
Fees
Subscription fees for the Membership Tiers are recurring payments (except where identified as otherwise). The term may be quarterly or annual, as described in the course of the transaction. Your subscription begins upon payment of a first installment of subscription fees. The subscription renews quarterly or annually, as applicable, upon the payment of automatically recurring subscription fees. Quarterly or annual fees are charged on the same day of the month that the subscription began. (For example, if a quarterly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day, of the third month, that doesn’t have that many days.)Fees for KINN credits or events will be due upon purchase.
Payment
KINN accepts payment via the current payment method indicated at time of purchase, which may include credit card and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with KINN, Nexudus, Stripe, Google, PayPal or another third party, that governs your use of a given payment processing method. You agree to pay for any Services that you order (except during a free trial period). KINN will charge your credit card or other form of payment for the price listed on the relevant Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that KINN will charge the payment method on file on the first day of each billing period for the relevant subscription. If the payment method on file becomes invalid due to an expired credit card or other similar reason, KINN reserves the right to immediately revoke your access to any Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, KINN may cancel your subscription.
Taxes
If KINN is required to collect or pay any taxes in connection with your purchase of Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable.
Cancellations & Refunds
You can cancel your Services at any time. If you purchase a subscription to Services that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the Services from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and nonrefundable, unless otherwise determined by the KINN.
Restrictions
When you use the Services, you may not (or attempt to):
use any part of the Services in an illegal manner or for an illegal purpose; share your KINN account password (or key fob) with someone else to allow them to access any part of the Services that such person did not order; copy, sell, rent, or sublicense the Services to any third party; circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that KINN or any third-party uses to protect the Services or encourage or help anyone else to do so; access the Member Service other than by means authorized by the KINN; or remove any legal notices or labels on Services; present any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Services or content available within the Services.
Changes or Discontinuation of Services
KINN reserves the right to change the availability of Services. In addition, we reserve the right to modify, suspend, or discontinue any Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination.
Removal or Unavailability of Content
In certain cases, content available within a Service may become unavailable due to restrictions from our licensors or other legal or policy reasons. KINN will have no liability to you for any such unavailability.
Communications
By using the Services, you consent to receiving communications from us including marketing communications such as newsletters about KINN features and content, special offers, promotional announcements, and customer surveys, to your registered email address or via other methods. If you no longer want to receive such communications, simply go to the “Settings” tab in your member portal to manage your KINN communications.
Other Terms
For additional policies and rules related to Services, please see the KINN Handbook.
5. Clubhouse Guests Terms of Service
Allowance
Occasionally, guest passes are included in Service packages. They are limited in number to ensure Services stay available to paid members. The number of guests passes per month included in your membership are listed within your Member Portal.Guests are only allowed when their respective member is present.
Registering your Visitor(s)
All guests or visitors must be registered prior to arrival. Members can register their guests within the dashboard of the Member Portal by clicking “+ Add Visitor.” You’ll need to provide their name and email.
Once registered, guests will receive an email confirming their visit to the KINN.
You are responsible for checking your guests in and out of the Clubhouse.
Communications
By registering your guest, the guest consents that they may receive communications from us including marketing communications such as newsletters about KINN features and content, special offers, promotional announcements, and customer surveys, to their registered email address or via other methods. If they no longer want to receive such communications, they can “unsubscribe” from an email.
Responsibilities
Members are responsible for their guests/visitors and must ensure they follow all Terms, rules and the KINN Code of Conduct.
6. Termination
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.
7. Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the US and other countries, where you may not have the same rights and protections as you do under local law.
8. Disclaimers
Service is “As Is”
KINN aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, KINN doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from KINN or through the Services will create any warranty or representation not expressly made in this paragraph. KINN may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk.
Limitation of Liability
The KINN and its affiliates, subsidiaries or licensors shall not be liable for any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if KINN or the other KINN Parties have been advised of the possibility of such damages.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of KINN and the other KINN Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $15.00 USD or the amount paid by you to use our Services.
If you are dissatisfied with the Site, or with any of these Terms, or feel The KINN has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
Resolving Disputes; Arbitration
We want to address your concerns without needing a formal legal case. Before filing a claim against the KINN, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at hello@thekinn.co or by certified mail addressed to KINN Collective LLC, 150 Horizon Ave, Venice, CA 90291. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
YOU AGREE TO ARBITRATE ALL DISPUTES RELATED TO THE USE OF SERVICES OR THE SITE, AT PRESENT AND IN THE FUTURE. YOU AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES WITH ANYONE (INCLUDING THE KINN AND ANY EMPLOYEE, OFFICER, DIRECTOR, SHAREHOLDER OR BENEFIT PLAN OF THE KINN IN THEIR CAPACITY AS SUCH OR OTHERWISE), ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF SERVICES OR THE SITE OR OTHER RELATIONSHIP WITH THE KINN, INCLUDING ANY BREACH OF THESE TERMS, SHALL BE SUBJECT TO BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT.
Force Majeure
The KINN will not be responsible and will not pay any compensation where we are preventing or delayed from performing our obligations due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, acts of terrorism, gas, water or other utilities.
Governing Law and Venue
These Terms and any dispute that arises between you and the KINN will be governed by California law except for its conflict of law principles. Any dispute between the parties that’s not subject to arbitration or can’t be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco, California.
Amendments
We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.
Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Miscellaneous
KINN’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
