The following additional terms are incorporated into this Agreement as if fully set forth herein:

• Privacy Policy
• Complaint Policy
• Payment Processing Policy
• Subpoena Response Policy
• Business Records Inquiry
• Response Policy

You agree that we are not responsible for monitoring, reporting, or ensuring compliance with any agreement or legal obligation amongst or between Partners. We are not responsible for compliance with any court order or decree requiring any Partner to act, refrain from action, or pay any sum of money to the other Partner, or for any release or post of information provided by one User (to any other User). We are not responsible for any claims of harassment or for any personal or monetary damages suffered by any User as a result of any person’s use of the Service.

The Service may allow Users to post and/or store content and materials, which we do not review, approve, or endorse.  Therefore, you agree to be responsible for all materials posted on or through our Service. You agree that we are not responsible for any content, advice, or other materials appearing on or through the Service.  Certain Users of the Service may be legal, medical, financial, and/or other professionals or consultants or institutions (“Professionals”), and it is possible that your eligibility for our Service is contingent upon your relationship with such a Professional.  The use or promotion of the Services by these Professionals does not constitute or imply an endorsement or recommendation of, or referral of other Users to, them by X2X. We are not responsible for the qualifications, regulation, or conduct of the Professionals, or for any advice, materials, or information they provide (collectively “Advice”), nor do we guarantee the accuracy of any Advice.  X2X makes no warranty, express or implied, regarding the Professionals or their Advice.  Users that rely on any such Professionals or the Advice they provide do so at their own risk.

Financial services are provided through third party processors, including MainStreet Bank. Other services may also be offered through third party providers.  Or we may offer services or information to you via consents and information received by us from third parties.  In either event, you may withdraw your consent to receive such third party information through us or related third parties by clicking unsubscribe in any email you receive.  To the extent that any third parties provide processing or other services that are required for the functionality of our Service, you will be subject to the terms and conditions of use by those third parties and you may not be able to opt out of certain services or preferences without disrupting our Services.  In such case, your only option is to cease use of our Service.  Policies for MainStreet Bank may be found on their website at http://www.mstreetbank.com.

The Service itself provides no medical, legal, or financial services, and creates no advisor-client attorney-client or doctor-patient relationship or privilege of any kind. You understand and agree that we do not serve as your professional or financial advisor, and that we do not owe you any duty of care regarding your health, safety, wellbeing, or legal or financial rights/obligations. Materials appearing on the Service are general in nature and you should not act upon them without first consulting with your own professional advisor, whether medical, legal, or financial, with respect to your specific circumstances or issues. 

If you believe you or your child are having a medical emergency, call 911 immediately. While we make reasonable efforts to ensure that the Service remains generally available, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that Users will be able to access or use the Service, or its features, at all times.  We are not responsible for connectivity, hardware compatibility, and other technology provided by third parties (such as ISPs) that may be required to access or use our Services.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.  We reserve the right, in the event of any merger or acquisition or similar corporate transactions, to characterize Content, data, and information as corporate assets, so long as any transferee agrees to maintain the protections set forth by these Terms of Service, our Privacy Policy, and other related documents.

The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

Use of the Service may cause you to incur text and/or data charges from your provider.  Use of the Service may incur service or other fees from financial institutions, or other third parties related to your use of the Service.  We are not responsible for any such charges.

Eligibility may also be given to you in the form of a gift, if access to the Services is purchased by someone or a Professional other than you.  In the event you receive such a gift, it is a gratuitous transfer and you as the User of Services must agree to these terms and conditions in order to use the Services.  We are not responsible for lost payments or other losses in the event that you give or receive a gift of access or a subscription to our Services.

The purchaser of a gift subscription has no ownership or access rights to the Service or the account of another User by virtue of purchasing and / or giving a gift subscription.  Purchasers and end users of gift subscriptions may be contacted by us with general payment reminders and renewal opportunities for additional gift subscriptions.  Gift subscriptions may only be purchased for annual subscriptions.  

The purchaser of any gift subscription must provide payment for the gift subscription at the time of purchase.  However, the gift subscription will not become active until the recipient of the gift subscription enters their gift code and begins to use our Service.  Trial periods are not available with gift subscriptions.

Annual subscriptions, including gift subscriptions, may only be cancelled within ten (10) days of purchase for a refund.  Refunds will be issued to the purchaser as soon as possible, however, refunds may take up to 120 days to be returned due to the payment processing timelines associated with third party retailers, such as Apple and Google, that we do not control.  Refunds are not available for monthly subscriptions.  Monthly subscriptions may be cancelled at any time.  Once a subscription has been cancelled or a refund issued, access to the Service may cease. 

Your access to the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.

You agree that you will not violate any law, regulation, or court order applicable to you in connection with your use of the Service.

You must keep your user name, password, and any other information needed to login to the Service, or access your communications, payment information, payment history, and other records, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others. You are responsible for the safety and security of your passwords and how you access the Service.  You are responsible for all activity emanating from your account with respect to the Service.  

You agree not to distribute, upload, make available or otherwise publish through the Service any data, suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively, “Content”) that:

• are unlawful or encourage another person to engage in anything unlawful;
• contain a virus or any other similar programs or software which may damage the operation of our or another’s computer;
• violate the rights of any person or party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or
• are libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

You further agree that you will not do any of the following:

• breach, through the Service, any agreements that you enter into with your Partner or any third parties;
• stalk, harass, injure, or harm another individual through the Service;
• modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
• interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
• transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
• attempt to probe, scan or test the vulnerability of a system or network of the Service or to breach security or authentication measures without proper authorization;
• take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• harvest or collect the email address, contact information, or any other personal information of other Users of the Service (excluding information provided to you by your Partner);use any means to crawl, scrape, or collect content from the Service via automated or large group means;
• submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;
• register for more than one user account; or
• impersonate any other person or business, including your Partner.

You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security or privacy measures in place on the Service.

We reserve the right, in our sole discretion, to protect our Users from violators and violations of these rules of conduct, including but not limited to restricting your access to the Services, restricting your ability to upload Submissions or Content, immediately terminating your access to the Service, or terminating your access to the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to notify you of violations of this Agreement and / or terminate your access to the Service shall not be limited to violations of these enumerated rules of conduct and (un)acceptable uses.  In the event that your Services are terminated in relation to a violation of this Section, you will not be entitled to any refund at any time.

Access to or use of certain features and general eligibility for your use of the Services will require a subscription, and payment of fees (“Fees”).  You are also responsible for payment of sales tax and other tax(es) that may apply to your eligibility for or use of the Services.  Subscription and other Fees are billed annually or monthly in advance. Subscription and other Fees are subject to change immediately upon our giving notice to you in the manner you have chosen to receive notices from us, for example, by e-mail or text.  Users will be notified if any new or additional Fees are required.

We will immediately charge your credit card for the initial subscription Fee and charges will recur on the schedule you select (e.g. monthly, annual, etc.) unless and until we are notified otherwise.  We may prohibit access to the Services until a payment is made or your account is otherwise restored to an eligible status.  If there is any grace period associated with your use of the Services, such as through a beta test, trial, or promotion, a (renewal) payment is required before further ongoing access to the Service will be granted.  Discounts may be available to Partners during special promotions, or through enrollment with one of our partners.  Any discounts you receive are specific to your Eligibility, and may not be available to all Users, or perpetually available to any particular User.  Please contact customer service (here) with questions about any discounts you may be eligible for.

Renewals will be automatically billed to your credit card or other designated payment source until such time as you terminate the Service or any aspect of it.  To change or cancel your subscription, access your account here: www.kincrew.io.

If you wish to use the Service to engage in financial transactions with your Partner or other Users (each a “Transaction”), you will be asked to supply additional financial and other personal information. We will treat any information provided through the Service in accordance with this Agreement and the Privacy Policy https://kincrew.io/kincrew-privacy-policy/.  Verification of your identity and that of the person receiving payment, as well as other information such as your bank account information, may be required prior to the acknowledgment or completion of the first and subsequent Transactions.

Transfers through the Service are processed from the sender's linked account through the payment processor’s network to the recipient's linked account. The time to complete a transfer will vary depending on the circumstances and may take up to seven (7) business days.  Financial Transactions are subject to additional regulatory and compliance requirements, and may be delayed due to these requirements.  We will contact you in the event that additional information is required to complete a Transaction.

We may require you or your Partner to submit or verify court orders or decrees (“Court Orders”) that contain, among other things, payment obligations concerning alimony, child support, or similar payments due between Partners.  You represent and warrant that any such documents you submit will be true and correct in all respects. You consent to our use of the Court Orders in any manner we deem necessary or advisable, subject to the provisions of the Privacy Policy https://kincrew.io/kincrew-privacy-policy/.

You represent and warrant that you have the legal right to use any Payment Method (as defined below) that you desire to use, or may use, in connection with any Transaction. You warrant and represent that all information supplied by you in connection with any Transaction is accurate and complete.  The provisions of Indemnification apply to any claims that any such information is inaccurate or incomplete.

We may refuse to process Transactions if we believe that either the paying or receiving party may be: i) impersonating another person or entity; ii) violating the rights of any person or entity; iii) committing any fraudulent act; iv) providing any incorrect information; or v) legally restricted from making or receiving payments. We may limit Transactions permitted within a given period of time, or by the amount transferred. We may also reject Transactions where and if prohibited by law or applicable regulation, or for any other or no reason, in our sole and absolute discretion.

We use a third-party payment processor (the “Payment Processor”) to facilitate Transactions and to charge Fees to you through your registered account for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are responsible for transmitting your Transaction instructions as you enter such instructions, but we are not responsible for errors or failures made by the Payment Processor. You agree to pay us, through the Payment Processor, all charges and Fees for Transactions requested or made by you, or which you are otherwise have a legal obligation to make, and you authorize us, through the Payment Processor, to charge, or credit, your chosen bank account, credit card, debit card, e-check account or other payment method (“Payment Method”).

WE MAY SUBMIT TRANSACTIONAL CHARGES AND FEES TO YOU WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT.

Your account will be considered delinquent if payment in full is not successful when a charge is initiated. Amounts due are exclusive of all applicable taxes, levies, or duties, and you will be responsible for payment of all such amounts if applicable. If you believe that any specific charge under this Agreement is incorrect, in order to obtain a credit, you must contact us in writing within ten (10) days after the Transaction, and set forth the nature and amount of the requested correction. Otherwise, Fees and Transactions and charges are final.

We reserve the right to take any and all actions legally permitted to us in the event any Transactions initiated by a User are false, fraudulent, refused by any bank or processor, or if there are insufficient funds in the account to be charged.

Again, if you wish to cancel your account and terminate use of the Services, you may do so at any time through your account. Any Fees or charges incurred prior to cancellation are non-refundable.

With regard to any other forms of abuse, or rights violations or infringements, they will not be tolerated.  Hateful, obscene, illegal, or speech that is inciteful of violence will be subject to removal and is strongly discouraged.  It is not our responsibility, nor do we possess the tools to, moderate speech content on our site.  We respect the privacy of everyone using our Service, and we do not actively monitor all communications or Transactions within our Service.  Therefore, while we deploy tools to discourage and report various rights violations, we are not responsible for the failure to detect any material that is posted to or transmitted through our Service.  Likewise, we are not responsible for removing information that does not in fact violate this Agreement.  

The Child Online Privacy and Protection Act, also known as COPPA, governs the collection of data and other information from children under the age of 13, also known as (“Covered Persons”).  Covered Persons are not supposed to independently use our site or Services on their own.  You, as the Partner that uses our Services, are responsible for your account, all Content posted or shared through your account, and the choice to share anything we provide with your Covered Persons.  You hereby provide your consent to the collection and use of your Covered Person's information, including personal information.  You may revoke this consent or inquire about the information related to your Covered Persons by sending a request to support@kincrew.io 

Please also see Section 18 of this Agreement and our Privacy Policy for additional information.

You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce, and otherwise use Content you make available to us.  We may also use de-identified Content to administer, maintain, improve, support, and analyze our Services.  The Service provides you with the ability to grant or remove permission for other Users (including your Partner) to access certain functionality or information.  You are solely responsible for all permissions you grant to any other person.

Therefore, if you choose to submit any Content to the Service, or otherwise make available any Content through the Service, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free, fully-paid license to reproduce, use, modify, display, perform, transmit, distribute, translate, and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels, in accordance with your instructions, to comply with applicable law or court order, or as necessary to provide the Service or our own purposes.

By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any applicable law or any third-party’s rights; (b) all such Submissions and Content are complete, accurate and true, and will be updated without undue delay, (c) we are not under any confidentiality obligation relating to the Content or Submissions; (d) we shall be entitled to use or disclose the Content or Submissions in any way, in accordance with your instructions to comply with applicable law or court order, or as necessary to provide the Service for our own purposes; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.

You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content, or other matter you submit, post, or make available to or on the Service. We reserve the right to withhold, remove, and / or discard any such material at any time.

The Service may make it possible for you to choose to share certain information with your Partner or other Users. There are a number of ways in which you can control how much information is shared, and we will make efforts to comply with your instructions from the options provided to you. You understand that by designating information to be shared through the Service, you may be revealing information that you choose to share. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.

With regard to Content that contains medical, health, financial, genetic, or other sensitive information, you are encouraged to utilize sensible privacy and sharing practices.  To the extent that your Content or general use of the Service includes or reflects any sensitive information, you may refer to our Privacy Policy https://kincrew.io/kincrew-privacy-policy/ for additional information regarding our treatment of this information.  Your privacy is important to us and we do employ a variety of privacy and security controls to protect you and Content you post / share, however, you are also strongly encouraged to post and share responsibly. 

Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names, and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. and applicable international copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

You understand and agree that this Agreement along with our Privacy Policy https://kincrew.io/kincrew-privacy-policy/ and other privacy - related disclaimers, pop-up boxes, and other similar notifications, such as our cookie policy and notices, shall govern the collection and use of data obtained by us through your access to the Service.  You agree that we may use data about you and your Partner, along with Content you submit to the Services, for our business purposes.  (Please rest assured, we do not sell your data for advertising purposes.)

You consent to our use of the Social Security Administration’s electronic Consent Based Social Security Number Verification (“eCBSV”) system.  The Freedom of Information Act (FOIA), the Privacy Act at 5 USC 552a (b), section 1106 of the Social Security Act, codified at 42 USC 1306, and SSA regulation at 20 CFR 401.100 provide legal authority for disclosure of social security number verifications from Social Security Administration records.  eCBSV is used to verify if the social security number holder’s name, date of birth, and social security number match the records of the Social Security Administration.  eCBSV will indicate to us whether the information you submit is matching and valid.  If there is no match or otherwise invalid information is identified, eCBSV will return a "no match” response to us; in such cases, we reserve the right to request more information from you, deny, or terminate access to our Services.  eCBSV may also notify us is a social security number holder is deceased; in such case, we reserve the right to request more information from you, deny or terminate access to our Services.  You also consent to our use of a driver’s license data and identity verification service.

We reserve the right to deny all or some portion of the Service to any or all Users, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.

All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense, and indemnification obligations survive any termination of this Agreement.

The Service may contain links to other websites. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link. Further, each such site may have its own terms of use and / or privacy policy, which you should read carefully.  We are not responsible for the policies or requirements set forth by any third parties.  

The Service may contain articles, text, imagery, video, audio, data, information, and other similar materials originating from third-parties. We do not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted, or otherwise edited by us.  

If you use your Google account to sign in to our Services, that process will be governed by our request to use your Google account to verify your identity, as well as Google’s Developer Guides and Policies.  Deceptive or unauthorized use of any Google API service is strictly prohibited.

EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE, OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR INTRUSIONS OR COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, WHETHER UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES, LOSS OF USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF X2X IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

WITHOUT LIMITING THE FOREGOING, X2X WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

enforceable, then, to the maximum extent permissible by law, this Agreement shall be automatically reformed to best reflect and approximate its original intent, and you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any aggregate damages in excess of the greater of (a) $500.00 or (b) the amounts paid by you to X2X for subscription access to the Service within the last six months (excluding Transaction Payment Fees), or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits, or data, to you or any third party from your access to or use of the Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim, whether other provisions of this Agreement have been breached, or whether or not the limited remedies provided herein fail of their essential purpose.  The foregoing limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.

YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “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.”

SOME STATES, INCLUDING NEW JERSEY, MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit or transmit through the Service; (b) your access to or use of the Service; (c) your violation of this Agreement; (d) the acts or omissions of you, your agents, your representatives, heirs or assigns; (e) the acts or omissions of any third party who gained access to the Service through use of your device and / or login credentials; and (f) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the access to or use of the Service.

1. Governing Law and Jurisdiction; Arbitration

You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The laws of the State of Texas and a spirit of good faith and fair dealing shall govern this Agreement.  Arbitration is to take place in Austin, TX or through a recognized method of virtual meetings.  You may bring claims only on your own behalf. Neither you nor X2X will participate in a class action or class-wide arbitration for any claims covered by this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if X2X is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.  The Federal Arbitration Act and federal arbitration law apply to this Agreement, and to the greatest extent possible, you agree not to participate in any legal proceedings initiated by you or any other party outside of arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and eighty (180) days of filing the case, then either X2X or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service.  You agree that any claim you may have arising out of or related to your relationship with X2X must be filed within one year after such claim arose and in accord with this Agreement; otherwise, your claim is permanently barred.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 5900 Balcones, Suite 100  Austin, TX  78731  USA.  Copies of claims must also be sent to support@Kincrew.io.

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, shall be conducted in English, and shall be conducted in Austin, Texas. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.  Fees and costs associated with arbitration shall be the responsibility of each respective party. 

If for any reason a claim proceeds in court, such as a small claims proceeding where such proceedings can not be barred, or an equitable proceeding, rather than in arbitration, both you and X2X agree that each have waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, or for cybersecurity breaches.

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Austin, Texas.  YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN AUSTIN, TEXAS.

2.  POLICIES REGARDING CHILDREN

The Service is not directed to individuals under the age of 13 and is not intended to be used by them. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you - aside from what is available to you through the Service - in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider or trusted technology specialist for more information.

Partners should exercise caution, discretion, and diligence regarding all Content that is posted or communicated on or through the Service.  Please visit our Privacy Policy https://kincrew.io/kincrew-privacy-policy/ and see Section 8 of this Agreement for additional information.  Please also see the Federal Trade Commission’s 1999 Statement of Basis and Purpose here, the Federal Trade Commission’s publicly available information, and 64 Fed. Reg. 5988, 59902 n.213 regarding the collection of  children’s data from parents or other adults.

3.  GENERAL

Severability. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be given its maximum enforceable effect, and automatically reformed to comply with the requirement violated as well as represent this document’s original intent to the greatest extent possible.  In the event that any provision must be altogether severed from this Agreement, the remainder of this Agreement shall remain valid and enforceable. 

Revisions. This Agreement is subject to change on a prospective basis at any time. In the event that we change this Agreement, you may be required to re-affirm the Agreement through use of the Service or otherwise. Your access or use of the Service after the effective date of any changes will constitute your acceptance of such changes.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.

Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent, subject to the terms of our Privacy Policy. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.

Benefits.  This Agreement is binding upon and inures to the benefit of the parties, the Related Parties, and their respective heirs, successors and assigns. 

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: X2X, Inc.  5900 Balcones, Suite 100   Austin, TX  78731  USA.  Copies of all mailed correspondence must also be sent to support@Kincrew.io

Interpretation. Headings in this Agreement are for convenience only and will have no legal meaning or effect. The singular shall include the plural, and vice versa, as required given the context.  All language herein is intended to be personally inclusive and gender-neutral.

Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

This Agreement, in addition to the native terms for learnworlds.com, applies to the kincrew.learnworlds domain as a Site or Service operated by us. 

• In order to procure Services on the Learnworlds Website and to use certain other parts of the Learnworlds System, you are required to create a Learnworlds Account which will contain certain personal details and payment information which may vary from the personal or payment information used to access other portions of our Services.  We may not require payment information until you wish to make a purchase. By continuing to use this Site you represent and warrant that you understand the applicability of this Agreement to your Site use, and that Learnworlds may independently impose additional restrictions or requirements on your use of this Site.  If you believe your account has been compromised or you are otherwise experiencing troubles with the Learnworlds site, please contact Learnworlds directly at support@learnworlds.com. 
• Either Learnworlds or us may cancel or terminate your Learnworlds account at any time.  If an account is cancelled, we will endeavor to provide you with an explanation.  In the event that Learnworlds unilaterally cancels your account, we may not be able to provide any explanation for this account action.
• Although we make every effort to ensure that information and resources provided via Learnworlds are error free, and available to you, we are not responsible for any errors or lack of availability with respect to the Learnworlds Site or any Content on Learnworlds.  
• Please note that pricing for Content available on Learnworlds does not include taxes, and you may be responsible for payment of taxes.  Likewise, prices for Content on Learnworlds do not include fees that may be assessed in order to use Content for continuing legal education course credits or any other profesional certification course credits in any particular jurisdiction.  Pricing is subject to change.
• Personal information collected by Learnworlds is collected, used, and held pursuant to the terms set forth on their website along with the provisions of the Data Protection Act of 1998.

Copyright Notice.  Copyright © 2021, X2X, Inc.  All rights reserved.