KINDARMA MEMBERSHIP AGREEMENT
Terms and Conditions for Participants
June 20, 2019
This Membership Agreement ("Agreement") sets forth the legally binding terms for your participation in the Kindarma platform and use of the Kindarma members’ Website including www.Kindarma.com and http://members.Kindarma.com and other associated websites (collectively, "the Services"). This is a legally binding agreement between you and Kindarma, LLC (“Kindarma”). By signing, activating the "accept" button, or by using the Services, you agree to be bound by this agreement. Please read this agreement carefully and save it. If you do not agree with it, you should leave the Kindarma members’ Website and discontinue use of the Services immediately.
The Platform. The platform is comprised of a suite of Services designed to help people (“Members”) connect with other people that have experienced the same or similar life events (“Darma”), in order to verbally discuss the event(s). In order to protect the privacy of the Member, texting and emailing with the Darma is strongly discouraged. Each Member is assigned a unique username and password, and should only be used by one individual.
Payment. Membership for users is free and perpetual, as long as Kindarma is in business and the Services are active. Darmas are permitted to set their own fees, which may be hourly or flat fees. Kindarma is not responsible for any overdraft charges, over limit charges, or NSF fees by your bank or credit card company. Fees for all Darmas are due in full at time of service and are non-refundable. You will schedule your meetings directly with Darma, not with Kindarma. If you are not pleased with your Darma after the first session, you may cancel further sessions and retain a different Darma. If you have any questions regarding your membership, please contact Kindarma. Kindarma cannot guarantee and does not promise any specific results from use of the Services. Kindarma makes no representations or warranties as to specific outcomes or results.
Disclaimer. Darmas are not registered psychologists or psychiatrists, not licensed therapists, not other mental health professionals. They are non-professionals who believe they have something to offer Members because of their life events, by listening and offering general advice. The Services are not medical advice, therapy, or counseling. If you have a mental health issue, contact your doctor. If you are considering suicide, call 911 or the national suicide prevention hotline at 1-800-273-8255. Seek the advice of a licensed and trained professional in areas where professional opinion is appropriate, including but not limited to: health, mental health, and legal issues. Darmas as independent contractors, and under no circumstances shall they be considered a partner, agent, servant, distributor, or employee of Kindarma.
Term. This Agreement will stay in force and effect until cancelled by you in writing. You may cancel at any time on the Kindarma website. Your use of the Kindarma members' website after your cancellation extends the term of this Agreement. Failure to pay fees to Darma may result in Kindarma terminating the Agreement and discontinuing your access to any and all Kindarma Services.
Relationship. Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
Assignment. You may not, without the prior written consent of Kindarma, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. Kindarma's rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by Kindarma.
Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law. This Agreement shall be interpreted according to the laws of the State of California without regard to or application of choice-of-law rules or principles.
Waiver. No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.
Severability. In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.
Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party's reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, Darmas, vandals, or hackers (a "force majeure event") the time for that party's performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by You to Kindarma; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.
Remedies. Except as provided herein, the rights and remedies of you and Kindarma are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.
Release of Liability. You are aware and agree that the Services are in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. You understand and acknowledge that neither Kindarma nor Darma will be liable legally or otherwise for the actions you may or may not undertake as a result of the Services. No assumption of responsibility is made, or given, and you agree not to hold Kindarma or Darma responsible or liable in any form or fashion for such actions taken of your own accord. The method and process by which the Services are given in no manner whatsoever, written or verbal, constitutes an agreement or liability on the part of Kindarma or the Darma and is acknowledged to be different in many ways than clinical and medical counseling.
You agree that using any of the Services are entirely at your own risk. Services are provided "as is", without warranty of any kind, either expressed or implied, including without limitation any warranty for information services, coaching, uninterrupted access, or products and services provided through or in connection with the service. The Service is requested at your own choice and with inherent singular responsibility. Any of your actions or lack of actions is done so solely by your choice and responsibility and is neither the responsibility nor liability of Kindarma or the Darma. You take full responsibility in the decisions you make after receiving Services, as well as the consequences. You enter into this Agreement with full understanding that you are responsible for creating your results.
Periodically Kindarma and/or Darma may provide links to other web sites or written print material which may be of value, interest and convenience to you. This does not constitute endorsement of material at those sites or any associated organization product of service. It is your responsibility to make your own informed decision about the accuracy of the information at those sites and print material including their privacy policies. In no event shall Kindarma or Darma be liable for any incident or consequential damages resulting from use of the material.
Damage Waiver. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KINDARMA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Intellectual Property. The materials provided as part of your membership are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Kindarma. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of Kindarma. The trademarks, logos and service marks (collectively the "Trademarks") displayed on the materials are registered and unregistered Trademarks of Kindarma and other third parties that have authorized the use of such Trademarks on the Website. Nothing contained in the materials or on the Kindarma website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Kindarma or the appropriate third party. Your use of the Trademarks displayed on the materials, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited.
Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall include the Darma in question and be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, county of Orange County. Either You or Kindarma or you may demand that any dispute between you and Kindarma or Kindarma about or involving the services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Orange County, California, USA. The foregoing shall not prevent Kindarma from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold Kindarma and its subsidiaries and affiliates, and their respective officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of: this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the services causes you or Kindarma to be liable to another.
Voidability. The Services are not simply a website, so merely logging into the website does not void any part of this agreement.
Entire Agreement. This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain services, you may be notified that you may be required to agree to additional terms and conditions.
Contact. Please contact Kindarma Corporate at support@Kindarma.com with any questions about this Agreement or the Services.