Date of Last Revisions: May 26, 2017
Welcome to DAVID KIND.
Services and Membership Description: The Service is designed to provide women and men with high quality luxury eyewear ("items") selected by our personal stylists from time to time (each shipment of items, a "try-on set"). Once you create an account, you will become a "Member." For more details about the Service, please see www.davidkind.com. With each try-on set, you have six (6) days after it is delivered to review the selection of items and try them on ("try-on period"). Each try-on set that we ship to you will include a non-refundable $20 fee that will be credited towards any purchase within 90 days of that try-on request (“try-on/styling fee”). If multiple try-on/styling fees for multiple try-on sets within the 90 day period will be credited to your account and can be combined for a purchase. Unused credits will expire when they each reach 90 days. You select items to purchase in accordance with the provided try-on set instructions. All try-on items are sent back to DAVID KIND. We charge you for all items selected for purchase in accordance with the Return Policy below, at the end of the try-on period, although we may bill you earlier in certain circumstances (for example, if you return your try-on set before the try-on period is over, if you request us to, if we have reason to believe that the order is fraudulent, if there has been a pattern of credit issues, or if we notify you that we will do so). There are no order minimums or long-term ordering commitments. You may suspend your Membership at any time by contacting DAVID KIND customer support at email@example.com. To protect you and DAVID KIND from fraud, DAVID KIND may contact you from time to time to verify your identity prior to sending you a try-on set. You may be asked to provide basic information about yourself to verify your Member account. Upon confirmation of your identity, DAVID KIND will send you a try-on set. DAVID KIND reserves the rights to terminate your membership, to refuse any and all current or future use of the Site or the Service, and not to do business with any Member or anyone else, each as DAVID KIND deems appropriate in its sole discretion for any reason.
Return Policy; Shipping: You may return any item from a particular try-on set you receive through the Service (in accordance with the instructions below and those provided with such try-on set) within six (6) days after it is delivered. For free returns, any items must be returned using the pre-paid return label and box provided by DAVID KIND, and items must be unworn (other than "tried-on"), in their original condition and include all original tags and packaging. You will be charged for unreturned items. Shipping is not available to all locations. Members will not be charged fees for shipping or return shipping, except in special circumstances (where we will give you advance notice). All items you receive through the Service will be shipped by a third-party carrier. Members are not responsible for loss or damage of items while in confirmed possession of a third-party carrier.
Gift Certificates: The purchase of a DAVID KIND gift certificate cannot be redeemed for cash, except to the extent required by applicable law. DAVID KIND gift certificates cannot be resold and are otherwise non-transferrable.
Referral Rewards: We invite and encourage Members to earn certain rewards (e.g., complimentary pairs of glasses from DAVID KIND) ("Referral Rewards") when they refer friends and those friends make a qualifying purchase from DAVID KIND. Your earning and redeeming of Referral Rewards (the "Referral Rewards Program") is governed by these Terms of Service.
This offer is limited to one referral and email address per friend, and applies to all glasses purchased in the Referral's first order only. Referrals must be a new DAVID KIND customer. There there is no limit to the number of friends you can invite or pairs of complimentary eyeglasses you can earn. Value of a complimentary pair is $295.00 which will be credited towards total purchase price.
Referral Rewards cannot be resold and are otherwise non-transferrable. If we terminate the Referral Rewards Program, all Referral Rewards will be cancelled 30 calendar days after termination of the Referral Rewards Program is announced. For more information about the termination of the Service or any portion thereof (including the Referral Rewards Program), please see the Termination section, below.
DAVID KIND reserves the right in its sole discretion at any time to change or modify the terms applicable to the Referral Rewards Program. Such changes may include without limitation, the specific type of reward, how you may earn and spend Referral Rewards, how long Referral Rewards last, minimum purchase amounts with which rewards may be used and the lifetime maximum amount of rewards that you may earn. If we do this, we will post the changes to these terms on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Referral Rewards Program or changes made for legal reasons will be effective immediately. Your continued use of the Referral Rewards Program after the date any such changes become effective constitutes your acceptance of the new terms.
Registered Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify DAVID KIND of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. DAVID KIND will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: DAVID KIND reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DAVID KIND will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that DAVID KIND may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on DAVID KIND's servers on your behalf. You agree that DAVID KIND has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that DAVID KIND reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that DAVID KIND reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
User Conduct: You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by DAVID KIND. DAVID KIND reserves the right to investigate and take appropriate legal action against anyone who, in DAVID KIND's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Prices, Fees and Billing: More information on charges, fees and payments is provided above. To receive a try-on set, you will be required to provide DAVID KIND with information regarding your credit card or other payment instrument. You represent and warrant to DAVID KIND that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay DAVID KIND try-on/styling fee and other the charges incurred in accordance with this Terms of Service. You hereby authorize DAVID KIND to bill your payment instrument in accordance with this Terms of Service until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let DAVID KIND know within thirty (30) days after the date that DAVID KIND bills you. The current price for each item will appear on the website and/or the packing materials along with the try-on set, when shipped to you. We may change the price we charge for a particular item (although the price of an item shipped to you will not change before the applicable try-on period is over). We reserve the right to institute fees for any portion of the Service, but if we do, we will provide notice of the change before your next try-on set is shipped. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on DAVID KIND's net income (e.g., sales).
Special Notice for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by DAVID KIND, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of DAVID KIND, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by DAVID KIND.
The DAVID KIND name and logos are trademarks and service marks of DAVID KIND (collectively the "DAVID KIND Trademarks"). Other DAVID KIND, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to DAVID KIND. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of DAVID KIND Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of DAVID KIND Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will DAVID KIND be liable in any way for any content or materials of any third parties (including users), 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 content. You acknowledge that DAVID KIND does not pre-screen content, but that DAVID KIND and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, DAVID KIND and its designees will have the right to remove any content that violates these Terms of Service or is deemed by DAVID KIND, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant DAVID KIND and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions") provided by you to DAVID KIND are non-confidential and DAVID KIND will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that DAVID KIND may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DAVID KIND, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: DAVID KIND respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify DAVID KIND of your infringement claim in accordance with the procedure set forth below.
DAVID KIND will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to DAVID KIND's Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
1422 Kettner Blvd., Suite 100,
San Diego CA 92075
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, DAVID KIND has adopted a policy of terminating, in appropriate circumstances and at DAVID KIND's sole discretion, users who are deemed to be repeat infringers. DAVID KIND may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. DAVID KIND has no control over such sites and resources and DAVID KIND is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that DAVID KIND will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that DAVID KIND is not liable for any loss or claim that you may have against any such third party.
In addition, DAVID KIND is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, DAVID KIND is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. DAVID KIND enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree to release, indemnify and hold DAVID KIND and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAVID KIND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DAVID KIND MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAVID KIND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAVID KIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DAVID KIND'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DAVID KIND IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at email@example.com or calling 800-995-2032. In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if DAVID KIND has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $75,000 in damages, DAVID KIND will pay reasonable attorneys' fees should you prevail. DAVID KIND will not seek attorneys' fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys' fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
DAVID KIND and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to "DAVID KIND", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and DAVID KIND are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to DAVID KIND should be addressed to 1422 Kettner Blvd., Suite 100, San Diego, CA 92075 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If DAVID KIND and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or DAVID KIND may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by DAVID KIND or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or DAVID KIND is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless DAVID KIND and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. DAVID KIND will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND DAVID KIND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DAVID KIND 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Terms of Service to the contrary, we agree that if DAVID KIND makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the DAVID KIND Web Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
You agree that DAVID KIND, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if DAVID KIND believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. DAVID KIND may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that DAVID KIND may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that DAVID KIND will not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and DAVID KIND will have no liability or responsibility with respect thereto. DAVID KIND reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and DAVID KIND and govern your use of the Service, superseding any prior agreements between you and DAVID KIND with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and DAVID KIND agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Diego, California. The failure of DAVID KIND to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. DAVID KIND may be contacted in writing at 1422 Kettner Blvd., Suite 100, San Diego, CA 92075 or by telephone at (800) 995-2032.
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
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