Terms of Service was last modified: June 23, 2023
Recent Changes: Address has been updated.
As a precondition and requirement to use the services available via Kindren Tree, You, for Yourself and for the company, group or other person(s), if any, that You represent ("You", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms govern Your access to and use of the Kindren Tree services, data tracking, promotions, marketing and websites (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on or from the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Services You agree to be bound by these Terms, effective immediately between You and Kindren LLC dba Kindren Tree, its subsidiaries and affiliates ("Kindren Tree"). These Terms apply to all other users, visitors, members and clients ("Users") of Kindren Tree Services.
You are responsible for Your use of the Services, for any Content You post or would have posted for You to either the Services or to third party sites, and for any consequences thereof. The Content You submit, post, or display will be able to be viewed by other Users of the Services and through third party services and websites. You should only provide Content that You are comfortable sharing with others under these Terms.
You may use the Services only if You can form a binding contract with Kindren Tree and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access by anyone under the age of 13 is prohibited.
The Services that Kindren Tree provides are always evolving and the form and nature of the Services that Kindren Tree provides may change from time to time without prior notice to You. In addition, Kindren Tree may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to Users generally and may not be able to provide You with prior notice. Kindren Tree also retains the right to create limits on use and storage at its sole discretion at any time without prior notice to You. Due to changing technologies, changing laws and the individual and collective needs of its Users, Kindren Tree reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Kindren Tree on the Services are subject to change. In consideration for Kindren Tree granting You access to and use of the Services, You agree that Kindren Tree and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by You or others.
Any information that You provide to Kindren Tree is subject to its Privacy Policy, which governs its collection and use of Your information. You understand that through Your use of the Services You consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Kindren Tree. As part of providing You the Services, Kindren Tree may need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and Your Kindren Tree account, which You may not be able to opt-out from receiving.
Kindren Tree is not responsible or liable for any damages, loss or suffering resulting from the display of personal information that You share publicly or voluntarily provide through the Services.
You are responsible for safeguarding the password or emailed links that You use to access the Services and for any activities or actions under Your password or account access. If applicable, Kindren Tree encourages You to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Kindren Tree account or the email account through which You receive Your Kindren Tree account access. Kindren Tree cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
ALL KINDREN TREE FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Kindren Tree may distribute and track several types of virtual points and productivity data associated with Your account. These points and tracked stats may be added or deducted from Your account at the discretion of Kindren Tree and up to a maximum amount determined by Kindren Tree. User points may be used to measure access to shared community resources, collected items, member projects and User activities made available by Kindren Tree.
You may only use Your account's virtual points for transactions where User transactions are enabled and allowed. Kindren Tree User account points have no value outside of Kindren Tree and its User communities. To the maximum extent permitted by applicable law, Kindren Tree account points that are deemed abandoned or unused by law will not be returned or restored. When You use Your points to support a transaction, You authorize Kindren Tree to deduct the amount of the transaction's point fee from Your account balance along with any transaction expenses as determined by Kindren Tree.
Kindren Tree is NOT a bank and does not offer banking services. User account data and points cannot earn interest and are not insured by any entity or insurance scheme.
You authorize Kindren Tree, directly or through third parties, to make any inquiries Kindren Tree considers necessary to validate Your identity. This may include asking You for further information, requiring You to provide Your date of birth, a photo and any other information that will allow us to reasonably identify You, requiring You to take steps to confirm ownership of Your email address or financial instruments, or verifying Your Information against third party databases or through other sources.
Kindren Tree may also ask to see Your driver's license or other identifying documents at any time. Kindren Tree reserves the right to close, suspend, or limit access to Your Account and/or Services in the event Kindren Tree is unable to obtain or verify this Information.
You may close Your Account by sending a request to Kindren Tree's customer service email address listed on this website and providing any requested proof of identity. Upon Account closure, Kindren Tree may cancel any pending transactions. Account Balances are non-withdrawable and non-refundable upon closing Your account. You may not close Your Account to evade an investigation. If You attempt to close Your Account while Kindren Tree is conducting an investigation, Kindren Tree may hold Your funds for up to 180 Days to protect Kindren Tree, its Users, its affiliates, or a third party against the risk of fines, penalties and other liability. You will remain liable for all obligations related to Your Account even after the Account is closed.
Your Account may be terminated if Kindren Tree decides that you have not been active enough in its community. Participation and productivity are measured by virtual points. If you do not meet the weekly quota for User productivity as determined by Kindren Tree and its administrative Users, then Your Account may be deducted points for delinquent activity. If Your Account drops into a negative points range, then Kindren Tree may choose to terminate the Account at its discretion.
If a dispute arises between You and Kindren Tree, Kindren Tree's goal is to learn about and address Your concerns and, if Kindren Tree is unable to do so to Your satisfaction, to provide a cost effective means of resolving the dispute quickly. Disputes between You and Kindren Tree regarding the Kindren Tree Services may be reported to the Customer Service email listed on this website.
If You have a dispute with one or more Users, You release Kindren Tree (and its parent, officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. Certain community administrator Users are given authority to arbitrate disputes between Users or between Users and a third party as well as to determine adequate penalties and liabilities for such a dispute case.
General Kindren Tree community policies and regulations are described in the Root Mission and apply to the entire network of Users. Local User groups may create additional governing policies for their sub-communities. In case of conflicts, the Root Mission always overrides the local policies.
Users may submit monetary payments or share their property or submit creative Content to Kindren Tree in order to help sustain the Kindren Tree Services and to affect their User account data. Kindren Tree has sole discretion in deciding the type of User points and the amount to be received by Users for their contributions.
Kindren Tree may share and distribute its financial resources to its administrative Users designated as "A-level" community members in order to sustain expenses associated with providing Services. Kindren Tree has sole discretion in deciding who may receive these payments, when payments are to be shared and the amount paid for each situation.
Processing Fees may apply to payments made between Kindren Tree and its Users. Receiving parties agree to take responsibility for all processing fees and they accept that the final payment received may be less than the listed amount due to this reason. Kindren Tree is not responsible for any third-party processing fees applied to the payments that Kindren Tree makes to associated vendors, community administrators and other Users.
You agree that You will be personally responsible for the use of Your Account and for all of the communication and activity that results from the use of Your Account. Your conduct and interaction with other Users should be guided by common sense and basic etiquette.
You agree that You will be personally responsible for Your own safety and welfare, therefore You should take reasonable precautions to protect Yourself at all times when engaged in Kindren Tree activities. Kindren Tree is not responsible for ensuring Users' safety for any events, projects or meetings related to the Services.
Kindren Tree may include functionality designed to identify software or hardware processes, practices or functionality that may give a User an unfair advantage among other Users while using the Services. You agree that You will not create or assist third parties in any way to cheat or engage in unfair practices while using the Services. You agree that You will not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software or systems designed to prevent or report the use of cheating or unfair behavior. You acknowledge and agree that either Kindren Tree or any of its Users may refuse to allow You to participate in certain events, groups or transactions if You are suspected of cheating or engaging in unfair practices. Further, You acknowledge and agree that any User may report Your conduct or behavior to Kindren Tree and Kindren Tree may communicate Your history of conduct to other Users. Kindren Tree may terminate Your Account or participation in a service or activity when Kindren Tree believes Your conduct or actions are illegal, constitutes cheating, or which otherwise negatively affects the enjoyment or participation of other Users. You acknowledge that Kindren Tree is not required to provide You notice before terminating or limiting Your account and/or activity participation, but it may choose to do so.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Kindren Tree may not monitor or control the Content posted via the Services and, Kindren Tree cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by You through the Services is at Your own risk.
Kindren Tree does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, You may be exposed to 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 Kindren Tree be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You accept the scope and acknowledge a desire to participate as a voluntary member User of Kindren Tree and engage in the activities related to being a voluntary member User for community projects or for any other Kindren Tree Services. You understand that Your role is limited to a volunteer position and that no compensation is expected in return for services provided by You, and that Kindren Tree will not provide to You any benefits traditionally associated with employment.
You hereby voluntarily execute this Membership Waiver under the following terms:
You release and hold harmless Kindren Tree and its successors, affiliates, Users and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Your activity with Kindren Tree or its Services.
You understand that this Waiver discharges Kindren Tree from any liability or claim that You may have against Kindren Tree with respect to bodily injury, personal injury, illness, death, or property damage that may result from Your participation on a community project site or event for Kindren Tree or its affiliates, partners and Users. You also fully understand that Kindren Tree does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance, in the event of injury, illness, death or property damage.
You understand that You expressly waive any such claim for compensation or liability on the part of Kindren Tree beyond what may be offered freely by the representative of Kindren Tree in the event of such injury or medical expense.
You hereby release Kindren Tree from any claim whatsoever which arises or may arise in the future on account of any first aid treatment or other medical services that are conducted in connection with an emergency during Your time with Kindren Tree.
You understand that Your time with Kindren Tree may include various activities that may be hazardous to You and You hereby expressly and specifically assume the risk of injury or harm in these activities and release Kindren Tree from all liability for injury, illness, death, or property damage resulting from the activities of Your time with Kindren Tree.
You grant unto Kindren Tree all right, title, and interest in any and all text materials, creative writing and designs, photographic images and video or audio recordings that are made by Kindren Tree or its affiliates during Your work with Kindren Tree, including, but not limited to, any royalties, proceeds, or other benefits that are derived from such photographs or recordings.
You expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Virginia in the United States of America, and that this Waiver shall be governed by and interpreted in accordance with the laws of the State of Virginia. You agree that in the event that any clause or provision of this Waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
By submitting, posting or displaying Content on or through the Services, You grant Kindren Tree and its affiliates a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right and license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publicly perform, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
By submitting Content to Kindren Tree, You also grant Kindren Tree and its affiliates the right to use and modify Your submitted Content for any purpose, without any acknowledgments or conditions, unless such conditions are required by law.
You agree that this license includes the right for Kindren Tree to make such Content available to other companies, organizations or individuals who partner with Kindren Tree for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to the terms and conditions for such Content use.
Such additional uses by Kindren Tree, or other companies, organizations or individuals who partner with Kindren Tree, may be made with no compensation paid to You with respect to the Content that You submit, post, transmit or otherwise make available through the Services.
Kindren Tree may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for Your use of the Services, for any Content You provide, and for any consequences thereof, including the use of Your Content by other Users and Kindren Tree's third party partners. You understand that Your Content may be rebroadcasted by these partners and if You do not have the right to submit Content for such use, it may subject You to liability. Kindren Tree will not be responsible or liable for any use of Your Content by Kindren Tree in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any Content that You submit.
You are solely responsible for the Content that You submit. You warrant that You own all proprietary rights regarding the Content submitted, and You are obliged to have obtained a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.
Furthermore, You acknowledge that Kindren Tree does not allow the submission of Content that infringes on any copyright, property right, trademark or any other applicable right. You accept that Kindren Tree cannot be held responsible for the misuse or abuse of any Content by its Users. Kindren Tree also reserves the right to remove any approved Content at any time if Kindren Tree believes it to be defective, of poor quality or infringe on any right.
You also grant to Kindren Tree the absolute, full perpetual and irrevocable right and unrestricted permission concerning any Content that displays Your Property, or that You may appear in or which You may be included with others, to use, reuse, publish, and republish the Content in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use Your name in connection with any use if Kindren Tree so chooses.
You hereby release Kindren Tree from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the Content or in any subsequent processing of it. You understand that the Content may be used in publicly displayed advertisements to promote both non-profit and commercial interests. Knowing that such advertisements may intentionally or unintentionally give rise to the impression that You directly endorse these causes, You nevertheless consent to this use. You hereby waive any right that You may have to inspect or approve the finished Content, the result of Services, or the advertising copy or other published matter that may be used in connection therewith, or the use to which it may be applied.
You release and discharge Kindren Tree from any and all claims and demands that may arise out of or in connection with the use of the Content, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the affiliates, legal representatives, licensees, assigns, and other Users of Kindren Tree. You warrant that You are a legally competent adult and have the right to contract in Your own name. You have read this document and fully understand its contents. This release shall be binding upon You and Your heirs, legal representatives, and assigns.
You agree to indemnify and hold harmless Kindren Tree and its affiliates and their officers, directors, managers and employees, from and against any claims, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, based on or arising out of any claim that the Content or any portion thereof, or the use thereof, constitute an infringement, violation, contravention or breach of any patent, copyright or trademark or constitutes the misappropriation of a trade secret of any third party or otherwise violates the publicity or other property or proprietary rights of any third party.
All rights, titles, and interests in and to the Services are and will remain the exclusive property of Kindren Tree and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives You a right to use the Kindren Tree name or any of the Kindren Tree trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions You may provide regarding Kindren Tree, or the Services is entirely voluntary and Kindren Tree will be free to use such feedback, comments or suggestions as Kindren Tree sees fit and without any obligation to You.
Kindren Tree reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate Users or reclaim usernames. Kindren Tree also reserves the right to access, read, preserve, and disclose any information as Kindren Tree reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Kindren Tree, its Users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Kindren Tree's computer systems, or the technical delivery systems of Kindren Tree's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Kindren Tree (and only pursuant to those terms and conditions), unless You have been specifically allowed to do so in a separate agreement with Kindren Tree (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Kindren Tree is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Kindren Tree will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to it. If You believe that Your Content has been copied in a way that constitutes copyright infringement, please provide Kindren Tree with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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) Your contact information, including Your address, telephone number, and an email address; (v) a statement by You that You have 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 You are authorized to act on behalf of the copyright owner.
Kindren Tree reserves the right to remove Content alleged to be infringing without prior notice and at its sole discretion. In appropriate circumstances, Kindren Tree will also terminate a User's account if the User is determined to be a repeat infringer. The designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Kindren LLC
PO Box 6376
Newport News, VA 23606
Email:
Your access to and use of the Services or any Content is at Your own risk. You understand and agree that the Services is provided to You on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, KINDREN TREE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Kindren Tree makes no warranty and Kindren Tree disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Kindren Tree will not be responsible or liable for any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Services, or any Content. You also agree that Kindren Tree has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Kindren Tree makes no warranty that the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Kindren Tree or through the Services, will create any warranty not expressly made herein.
The Services and User Content may contain links to third-party websites or resources. You acknowledge and agree that Kindren Tree is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kindren Tree of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINDREN TREE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) Your ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF Your TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KINDREN TREE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You.
The failure of Kindren Tree to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Virginia without regard to or application of its conflict of law provisions or Your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Newport News, Virginia, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If You are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to You but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Virginia (excluding choice of law).
These Terms, the Kindren Tree Rules and Privacy Policy are the entire and exclusive agreement between Kindren Tree and You regarding the Services (excluding any services for which You have a separate agreement with Kindren Tree that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Kindren Tree and You regarding the Services. Other than Users of the group of companies of which Kindren Tree is the parent, no other person or company will be third party beneficiaries to the Terms.
Kindren Tree may revise these Terms from time to time; the most current version will always be on this website. If the revision, in Kindren Tree's sole discretion, is material then Kindren Tree may notify You via an @kindren update or e-mail to the email associated with Your account. By continuing to access or use the Services after those revisions become effective, You agree to be bound by the revised Terms.
These Services are operated and provided by Kindren LLC, PO Box 6376, Newport News, VA 23606. If You have any questions about these Terms, please contact us.
