571 Crane St Suite H, Lake Elsinore, CA 92530
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All content included as part of the Service, such as text, graphics, logos, images, as well as thecompilation thereof, and any software used on the Site, is the property of Kind Delivery Co or itssuppliers and protected by copyright and other laws that protect intellectual property andproprietary rights. You agree to observe and abide by all copyright and other proprietary notices,legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, createderivative works, or in any way exploit any of the content, in whole or in part, found on the Site.Kind Delivery Co content is not for resale. Your use of the Site does not entitle you to make anyunauthorized use of any protected content, and in particular you will not delete or alter anyproprietary rights or attribution notices in any content. You will use protected content solely foryour personal use, and will make no other use of the content without the express writtenpermission of Kind Delivery Co and the copyright owner. You agree that you do not acquire anyownership rights in any protected content. We do not grant you any licenses, express or implied,to the intellectual property of Kind Delivery Co or our licensors except as expressly authorized bythese Terms.
The Service is controlled, operated and administered by Kind Delivery Co from our offices withinthe USA. If you access the Service from a location outside the USA, you are responsible forcompliance with all local laws. You agree that you will not use the Kind Delivery Co Contentaccessed through www.kinddeliveryco.com in any country or in any manner prohibited by anyapplicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Kind Delivery Co, its officers, directors,employees, agents and third parties, for any losses, costs, liabilities and expenses (includingreasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site orservices, any user postings made by you, your violation of any terms of this Agreement or yourviolation of any rights of a third party, or your violation of any applicable laws, rules or regulations.Kind Delivery Co reserves the right, at its own cost, to assume the exclusive defense and controlof any matter otherwise subject to indemnification by you, in which event you will fully cooperatewith Kind Delivery Co in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of orconcerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, orotherwise at law or in equity for damages or any other relief, then such dispute shall be resolvedonly by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; classarbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Kind Delivery Co agree otherwise, 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KIND GROUP VENTURES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KIND GROUP VENTURES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OFANY KIND. KIND GROUP VENTURES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON–INFRINGEMENT.
Kind Delivery Co reserves the right, in its sole discretion, to terminate your access to the Site andthe related services or any portion thereof at any time, without notice. To the maximum extentpermitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists betweenyou and Kind Delivery Co as a result of this agreement or use of the Site. Kind Delivery Co’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kind Delivery Co’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kind Delivery Co with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
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571 Crane St Suite H, Lake Elsinore, CA 92530
We are open 7am - 10pm,
365 days a year.
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