Kiinde

Terms Of Use

Last Updated: April 3, 2019

Welcome to Kiinde.com (“Website”), the products designed for your little ones, and for you!  The Website is operated by Kiinde LLC or by its affiliates (collectively, “Kiinde,” “we,” “us” and “our”).  If you use the Website, utilize any services offered on the Website or our social channels or buy products from or on our Website, you accept these terms and conditions (“Terms”). Please read them carefully.

BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.  NOTABLY, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.   

1. Accessibility.  

If you are having any trouble accessing these Terms or the Website, please contact us via [email protected] on weekdays (Monday through Friday) between 9am and 5pm Eastern.  

2. Privacy.  

Privacy Policy.  Use of this Website and any products or services offered through the Website is also governed by our Privacy Policy, which is incorporated herein by reference.  To understand how we use information collected from you via the Website or any products or services offered through the Website, please read our Privacy Policy.  

International Access.  Our Website is provided from the United States of America and Canada (together, “North America”) and all servers that make it available reside in North America.  Please note that the laws of other countries may differ regarding the access to and use of the Website.  We make no representations regarding the legality of the Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States of America.  

3. Electronic Communications.  

By providing your phone number and consenting to receive text (SMS) messages you agree that we may, to the extent permitted by applicable law, use your mobile phone number for SMS messages, in order to assist with facilitating the requested services or send you marketing messages about our services. Standard message charges or other charges from your phone carrier may apply to text (SMS) messages we send you. You may opt-out of receiving text messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact certain features of our Website, products or services.  Additionally, we may send you confirmation and other transactional emails regarding our Website, products or services. We may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe link in our email communications or by contacting us.

4. Proprietary Rights.  

Ownership.  Kiinde is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Kiinde to display the materials, such as certain third party licensors.  By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website.  All rights not granted under these Terms are reserved by Kiinde.

Copyright Protection.  All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data, and software, is the property of Kiinde or its content suppliers and protected by the United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Kiinde and protected by US and international copyright laws. All software used on this Website is the property of Kiinde or its software suppliers and protected by the United States and international copyright laws.

Trademark Protection.  Kiinde®, LLC, Kiinde.com, Kozii®, and other marks included on our Website are trademarks or registered trademarks of Kiinde or Kiinde®, LLC, in the United States and other countries.
All Kiinde graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Kiinde, and may not be used in connection with any product or service that is not Kiinde’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kiinde. All other trademarks not owned by Kiinde that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kiinde.

Patents.  One or more patents apply to this Website and to the features and services accessible via the Site.  These patents are listed at kiinde.com/patents.

Feedback.  We do not accept any unsolicited ideas to this Website from outside the company including without limitation suggestions about advertising or promotions, merchandising or sale of any products or prospective products, additions or changes to our services or prospective services or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, or to the extent necessary for Kiinde to utilize your submission, you hereby grant Kiinde an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.  

5. License and Website Access.  

License.  Kiinde grants you a limited license to access and make personal, internal and noncommercial use of this Website.  You may not download (other than page cache-ing) or modify the Website, or any portion of it, except with the express written consent of Kiinde.

No License for Commercial Sale.  This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant (other than page cache-ing) or any use of data mining, robots, or similar data gathering and extraction tools.

Use Restrictions.  This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Further, you may not: (i) modify, adapt, create derivative works from or translate any part of the Website; (ii) reverse engineer, decompile or disassemble the Website or otherwise attempt to obtain its source code, underlying ideas, algorithms, file formats or programming interfaces of the Website; (iii) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website;                   (iv) take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding,” “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms; (v) interfere or attempt to interfere with the proper working of the Website any activities conducted on the Website; (vi) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website); (vii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; (viii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kiinde and our affiliates without express written consent any use of metatags or any other “hidden text” utilizing Kiinde’s name or trademarks without the express written consent of Kiinde; (ix) remove or alter any copyright, trademark or other proprietary notice contained in the Website. Any unauthorized use terminates the permission or license granted by Kiinde.

Permitted Linking.  You are granted a limited, revocable, non-transferable, non-subclicenseable, non-assignable and non-exclusive right to create a hyperlink to the home page of the Website as long as the link does not portray Kiinde or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kiinde logo or other proprietary graphic or trademark as part of the link without express written permission.

6. User Generated Content.  

Content Posted by You.   Certain pages on the Website may allow you to post text comments, videos, captions, advertisements or other content, or to share information with other users of the Website or community or communicate through our chat channels or other community offerings (collectively, “Content”). Unless otherwise specified, you may only post Content to the Website if you are eighteen (18) years of age or older.  Our Website acts as a passive conduit for any and all communication and/or distribution of information, and we do not control the Content. We cannot and will not evaluate and we are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Content or for verifying the identity of the submitting user of our Website. Like any information you obtain through the Internet, you should verify Content before acting upon it. Kiinde is not responsible for any losses you may incur as a result of relying on Content, even if we were advised of the possibility of such losses.

Content Restrictions.  You may only post Content that you created or which the owner of the Content has given you permission to post.  If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Kiinde.  You may not post or distribute Content that is illegal or that violates these Terms and Conditions.  By posting or distributing Content to the Website, you represent and warrant that (i) you own all the rights to the Content or are authorized to use and distribute the Content to the Website; and (ii) the Content does not and will not infringe any intellectual property, privacy, publicity or any other third-party right nor violate any law or regulation.  Further, by submitting or posting Content to the Website, you grant Kiinde the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium now known or hereafter invented, in perpetuity.  Once you submit or post Content to the Website, Kiinde does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses.  Kiinde owns all right, title, and interest in any compilation, collective work, or other derivative work created by Kiinde using or incorporating Content posted to the Website. You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website.

Digital Millennium Copyright Act ("DMCA") Notice.  Materials may be made available via the Website by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website. If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Kiinde LLC

2060 highway A1A

Suite 303

Indian Harbour Beach, Florida 32937

Prohibited Activities.  Kiinde expects all of its users to be respectful of other people.  The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. Kiinde reserves the right to investigate and take appropriate legal action against anyone who, in Kiinde’s sole discretion, engages in any of the prohibited activities.  Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

Prohibited Activities:  Kiinde expects all of its users to be respectful of other people.  The following is a partial list of the types of conduct that are illegal o

  • is defamatory, abusive, obscene, profane or offensive, or contains “masked” profanity (e.g., F*@&#);
  • infringes or violates another party's intellectual property, privacy, publicity or third party rights (such as articles, music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website);
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 
  • promotes or encourages violence;
  • is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
  • is illegal or promotes any illegal activities;
  • promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
  • 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; or
  • contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

Kiinde is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion.  Kiinde will make all determinations as to what Content is appropriate in its sole discretion.  Kiinde may edit or remove any Content at any time without notice.

7. Third Party Materials.  

Third Party Content.  Under no circumstances will Kiinde be liable in any way for any content or materials of any third parties (“Third Party Content”), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such Third Party Content.  You acknowledge that Kiinde does not pre-screen content, but that Kiinde and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Third Party Content that is available via the Website. Without limiting the foregoing, Kiinde and its designees will have the right to remove any Third Party Content that violates these Terms or is deemed by Kiinde, in its sole discretion, to be otherwise objectionable.  We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third Party Content or communications posted on the Website or endorse any opinions expressed therein. You understand that by using the Website, you may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Kiinde be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed, transmitted or otherwise made available on the Website.

Third Party Links. This Website may contain links to other websites, apps and chat channels not maintained by us. Other websites, apps and chat channels may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy policies of each and every website, app, social media platform and chat channel that you visit.  We are not responsible for the practices or the content of such other websites, apps or chat channels.

Social Networking Websites.  The Website may integrate with social networking services.  You understand that we do not control such services and are not liable for the manner in which they operate.  While we may provide you with the ability to use such services in connection with our Website, we are doing so as an accommodation and, like you, are relying upon those services to operate properly and fairly.

8. Your Account.  

Account Creation and Access.  You may register for an account with us (“Account”), by selecting a password and entering certain personal information such as your name, email, and other important details that enable us to provide services to you. An Account allows you to better utilize the Website, such as purchase products and services and review past orders. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.

 Protection of Your Account.  You should never publish, distribute or post login information for your Account.  As discussed further in the Privacy Policy, by using this site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You are solely responsible for the activity that occurs on your Account. You may not use another person’s user account or registration information without permission. You must notify us immediately of any breach of security or unauthorized use of your Account.

Use by Children.  As discussed further in the Privacy Policy, Kiinde does sell products for children, but it sells them to adults, who can purchase products with a credit card.  If you are under age 18, you may use Kiinde only with involvement of a parent or guardian.  Kiinde and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

9. Products and Services.  

Website Disclaimers.  The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged.   The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate.   Further, we do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Website by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Website.  In addition, we may make changes to information about price, availability or other product attributes without notice. 

Product Orders.  Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. All items purchased from our Website are made pursuant to a shipment contract we have with our carrier.  This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law. We may require additional verifications or other information prior to the acceptance and/or shipment of any order.  If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order. 

Product Shipping.  Please see the following like for shipping details on products sold on this Website:  https://support.kiinde.com/your-order/kiindecom-store-shipping.  

Product Refunds.  If you purchased any of our products from somewhere other than our Website, that forum’s return policy will apply.  For all products purchased via the Website, if you are not satisfied with your product purchase for any reason, Kiinde will provide refunds for items purchased from the Website store within 30 days of the purchase date. To return an item bought from the Website, please email us at [email protected] with the Order Confirmation Number and we will provide you with a Return Authorization Code.  Upon receipt of the returned item, Kiinde will issue a refund of the purchase price paid to the credit card used in the original transaction. Please note, we do not reimburse or provide return shipping.  

Product Warranty.  We are dedicated to creating high quality products for babies and toddlers around the world.  We warrant that our products will be free from defects in workmanship and material for a period of one year from the date of original purchase.  If a product is determined to be defective in workmanship or material within this time period, we will repair or replace (at our option) your product free of charge. To claim your replacement, you will need either the Order Confirmation Number if purchased off the Website or a copy of the original purchase, gift, or registry receipt (please also include a picture of the bottom of the unit). In the absence of a receipt, the warranty will be 12 months from the date of manufacture.  Please note that this warranty does not apply to normal wear or damage from misuse, abuse, improper storage and handling, installation, accident, unauthorized repair, or alteration. Our warranty terms for replacement shipping apply on to the Continental US and Canada. Please note, we do not reimburse or provide return shipping.  

Product Safety.  We typically include product safety guidelines in the instructions to any product you buy.  Please carefully review and comply with the safety guidelines for all products.  Kiinde bears no responsibility for use of products except as directed.  

Services Disclaimer.  All services provided via the Website or Kiinde social channels is for informational purposes only and the assistance that you receive on our website, social media or via our Ask the LC page is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the guidance of your physician, local lactation certification body or other qualified health provider with any questions you may have regarding problems with breastfeeding, or any other medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site. If you think you may have a medical emergency, call your doctor, go to the nearest hospital emergency department, or call the emergency services immediately. Reliance on any information provided by Kiinde.com, Kiinde employees, contracted writers, or consultants presenting content for publication is solely at your own risk. The site and its content are provided on an "as is" basis.

10. Disclaimer of Warranties.  

THIS WEBSITE IS PROVIDED BY KIINDE ON AN “AS IS” AND “AS AVAILABLE” BASIS. KIINDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS, TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED OR PROVIDED BY THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KIINDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. KIINDE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY FUNCTIONS, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, KIINDE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

11. Indemnity. 

You agree to indemnify, defend and hold harmless Kiinde, its employees, directors, officers, agents, business partners, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Website, (ii) any breach by you of any of these Terms, (iii) any violation of applicable law.

12. Limitation of Liability.    

IN NO EVENT WILL KIINDE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KIINDE BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO KIINDE FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS. 

13. Dispute Resolution.    

Applicable Law.  The laws of the state of Rhode Island, without regard to principles of conflict of laws, will govern these Terms and any dispute that might arise between you and Kiinde.

Dispute Resolution; Arbitration.  While we will make reasonable efforts to resolve any disagreements you may have with Kiinde, if these efforts fail you agree that all claims, disputes or controversies against Kiinde arising out of these Terms, or the purchase of any products or services ("Claims") shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Kiinde agree in writing, and the arbitrator shall apply Rhode Island law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND KIINDE HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Class Action Waiver.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND KIINDE 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. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

14. Miscellaneous.

Waiver; Remedies; Severability.  The failure of Kiinde to partially or fully exercise any rights or the waiver of Kiinde of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Kiinde or be deemed a waiver by Kiinde of any subsequent breach by you of the same or any other term of these Terms.  The rights and remedies of Kiinde under these Terms and any other applicable agreement between you and Kiinde shall be cumulative, and the exercise of any such right or remedy shall not limit Kiinde's right to exercise any other right or remedy.  If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Revisions.  These Terms may be revised at any time and from time to time by updating this posting; provided, any material modifications will only be applied prospectively. You should visit this page from time to time to review the then current Terms because your continued access of the Website after such changes demonstrates your compliance of those changes and are binding on you. 

Contact.  Should you have any questions regarding these Terms you may contact us at:

Kiinde® LLC
2060 Hwy A1A
Suite 303
Indian Harbour Beach, FL 32937

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