TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Kinsey Machos, LLC or https://kinseymachos.com (“Website”) digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, video, enter any online private forums operated by Kinsey Machos LLC (for any purpose), whether on a website hosted by Kinsey Machos, LLC or a third-party website such as an online course platform or Facebook.com, participate in any workshop or challenge; attend any live event hosted or promoted by Kinsey Machos, LLC; and/or purchase or take part in any future service or activity offered by Kinsey Machos, LLC, whether now known or unknown (collectively “Program”).
If you do not agree with these TOU, you may not use the Website or its Content.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Kinsey Machos, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “Program”); (ii) any volunteers.
The Website, Content, and Program are intended and only suitable for individuals aged 18 and above. Some of their content may not be appropriate for children. Children under the age of 18 are not permitted to use the Websites or Content. Program and Kinsey Machos, LLC hereby disclaims all liability for use by individuals under the age of 18. The Website and Content, and Program are intended for coaches, as further explained in the Refund Policy below.
2. PAYMENT AND REFUNDS
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Kinsey Machos, LLC, without any additional authorization, for which you will receive an electronic receipt. You also agree that Kinsey Machos, LLC is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). You agree to pay with either credit/debit card, PayPal, bank transfer (ACH or wire) which will be automatically charged to the account information on file by Kinsey Machos, LLC on the payment(s) due date(s).
Schedule and Fees.
Paid In Full Investment: One (1) payment of $997
You hereby authorize Kinsey Machos, LLC to collect nine hundred seventy seven dollars ($997)
- Paid in full ($997)
- By agreeing to these terms and conditions, you represent and warrant that (1) the billing information that supplied to to Kinsey Machos, LLC is true, correct, and complete, (2) You are duly authorized to use such accounts, cards, or funds for the purchase, and (3) charges incurred by you will be honored by its credit card company, bank and other account providers
- Payments are final, non-refundable, and non-transferable. If you do not comply with payment obligations, Kinsey Machos, LLC may remove you from the Program without refund or rebate.
- After 30 days you will be removed from the program if you have not chosen to continue.
Refund Policy for 10K Content Collective:
ABSOLUTELY NO REFUNDS OR REBATES. ALL SALES ARE FINAL.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of Kinsey Machos, LLC Programs and/or Activities, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
3. INTELLECTUAL PROPERTY RIGHTS
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Kinsey Machos, LLC website, any third-party website Kinsey Machos, LLC may use to distribute or host the Kinsey Machos, LLC Program and/or Activities, contained in e-mails sent to you by Kinsey Machos, LLC, or provided at in-person events by Kinsey Machos, LLC, as well as the look and feel of all of the foregoing (“the Content”) is property of Kinsey Machos, LLC and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. Kinsey Machos, LLC’s Limited License to You:
If you view, purchase or access any Kinsey Machos, LLC Program and/or Activities or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of Kinsey Machos, LLC Program and/or Activities and Content for your own personal purposes or your own internal business use only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients or customers, or any other third party, or otherwise use any material from the Kinsey Machos, LLC Program and/or Activities or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them internally in your own business). By downloading, printing, or otherwise using the Kinsey Machos, LLC Program and/or Activities or Content for personal use you in no way assume any ownership rights of the Content – it is still Kinsey Machos, LLC property. Any unauthorized use of any materials found in the Kinsey Machos, LLC Program and/or Activities or Content shall constitute infringement.
You must receive our written permission before using any of the Kinsey Machos, LLC Program and/or Activities or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Kinsey Machos, LLC Program and/or Activities or Content are trademarks belonging to Kinsey Machos, LLC, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Kinsey Machos, LLC Program and/or Activities or Content or private groups held on third-party forums operated by Kinsey Machos, LLC, other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Kinsey Machos, LLC Program and/or Activities in the event of your Unauthorized Use, or a minimum of $25,000 if you did not pay fees for the Kinsey Machos, LLC Program and/or Activities, in addition to any legal or equitable remedies Kinsey Machos, LLC may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to Kinsey Machos, LLC; Use in Testimonials and Marketing.
By posting or submitting any material during the Kinsey Machos, LLC Program and/or Activities such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of Kinsey Machos LLC’s current or future Kinsey Machos, LLC Program and/or Activities and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Kinsey Machos, LLC Program and/or Activities or in our Content at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give Kinsey Machos, LLC permission to use anything you submit or post in the Kinsey Machos, LLC Program and/or Activities or any third-party forum or website operated by Kinsey Machos, LLC, or anything captured by Kinsey Machos, LLC during your participation in the Kinsey Machos, LLC Program and/or Activities, other than images in which your face is visible and recognizable or your full name.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an email to [email protected].
If you are granted permission by Kinsey Machos, LLC, you agree to use the specific Content that Kinsey Machos, LLC allows and only in the ways for which Kinsey Machos, LLC has given you its written permission. If you choose to use the Content in ways that Kinsey Machos, LLC does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Kinsey Machos, LLC Program and/or Activities and Content.
4. COACH/CLIENT RELATIONSHIP AND RESPONSIBILITIES OF THE PARTIES
a. Kinsey Machos, LLC’s Responsibilities:
- Kinsey Machos, LLC’s staff are trained to use their communication skills and coaching tools to support you throughout the Kinsey Machos, LLC Program and/or Activities.
- Kinsey Machos, LLC’s staff will provide guidance to you based on information you provide.
- Kinsey Machos, LLC’s staff will answer questions through the Facebook group and live group coaching calls on Zoom or Facebook Live; replays will be made available if you are not available to attend live.
b. Your Responsibilities for Best Results:
- Watch and/or listen to all video content provided on the Website and complete all worksheets assigned during the Kinsey Machos, LLC Program and/or Activities, at your own pace.
- Attend live group coaching calls.
- Participate, engage, and ask for coaching and help in our private Facebook group and in the member portal on our Website.
- Attend live in-person events, if applicable.
- You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
5. YOUR CONDUCT
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by Kinsey Machos, LLC, whether or not officially sanctioned, owned, or operated by Kinsey Machos, LLC. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, seminar, or athletic competition, without first receiving approval from Kinsey Machos, LLC. You agree not to market, promote, or sell products or services, included but not limited to, essential oils, MLM products, exercise DVDs, nutritional supplements, coaching services, or other products or services to Program participants, unless you are authorized or requested to do so by Kinsey Machos, LLC.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by Kinsey Machos, LLC and any third-party forums operated by Kinsey Machos, LLC. Any material you post on Kinsey Machos, LLC’s website or in any third-party forums operated by Kinsey Machos, LLC may become public.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on Kinsey Machos, LLC’s website and any third-party forums operated by Kinsey Machos, LLC, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to Kinsey Machos, LLC or other Kinsey Machos, LLC Program and/or Activities participants
- Causing damage to any Kinsey Machos, LLC website or third-party forums operated by Kinsey Machos, LLC
- Using any Kinsey Machos, LLC website or third-party forums operated by Kinsey Machos, LLC for any unlawful, illegal, fraudulent, or harmful purpose or activity
- Using any Kinsey Machos, LLC website or third-party forums operated by Kinsey Machos, LLC to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software
- Using any Kinsey Machos, LLC website or third-party forums operated by Kinsey Machos, LLC to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Kinsey Machos, LLC website or third-party forums operated by Kinsey Machos, LLC
- Using any Kinsey Machos, LLC website or private forum or third-party forums operated by Kinsey Machos, LLC, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Participants without receiving their advance permission
- Sharing private and proprietary information from the Kinsey Machos, LLC Program and/or Activities with anyone else
Hate speech, slandering statements and disrespectful conduct towards other clients, the team or any coaches will result in automatic termination with no refund. If you do not abide by the rules of the Membership, we reserve the right to remove you at any time and without notice.
If, in Kinsey Machos, LLC’s sole discretion, your conduct violates these TOU in any way, you agree that Kinsey Machos, LLC may immediately and permanently terminate your participation in Kinsey Machos, LLC Program and/or Activities and Content, and remove you from private Facebook groups or other third-party forums operated by Kinsey Machos, LLC. Upon termination of your participation, it is in our sole discretion to decide whether you will receive a refund.
Kinsey Machos, LLC, in its discretion, may delete or modify, in whole or part, any post, comment or submission to Kinsey Machos, LLC and any third-party forums operated by Kinsey Machos, LLC. Kinsey Machos, LLC does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Kinsey Machos, LLC neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Kinsey Machos, LLC website or any third-party forums operated by Kinsey Machos, LLC. Kinsey Machos, LLC shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on Kinsey Machos, LLC’s website and any third-party forums operated by Kinsey Machos, LLC.
Kinsey Machos, LLC is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
Confidential information does not include information that:
- (a) was in the Kinsey Machos, LLC’s possession prior to your participation in the Program;
- (b) is generally known to the public or in your circle of friends and family and co-workers; or
- (c) Kinsey Machos, LLC may be required by law to disclose.
You agree that Kinsey Machos, LLC shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
Kinsey Machos, LLC may record coaching calls and share them in the Program, on the Kinsey Machos, LLC website, or on third-party forums operated by Kinsey Machos, LLC
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Kinsey Machos, LLC’s website or any third-party forums operated by Kinsey Machos, LLC, without permission. If Kinsey Machos, LLC discovers you have done so without permission, this will be grounds for immediate termination of your access to the Program, Activities, and Content. Kinsey Machos, LLC, in our discretion, may issue a refund.
7. USERNAME AND PASSWORD
You agree that you are able to safely participate in the Kinsey Machos, LLC Program and/or Activities and have no medical condition that would make your participation in Kinsey Machos, LLC Program and/or Activities more hazardous.
9. CONSENT TO MEDICAL CARE
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Kinsey Machos, LLC, volunteers or medical professionals may deem appropriate and understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
10. FOLLOWING RULES, INSTRUCTIONS
You agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Kinsey Machos, LLC through its employees, representatives or agents and to abide by any decision of any Kinsey Machos, LLC staff or volunteers, or Kinsey Machos, LLC vendors or contractors, relative to your ability to safely participate in or attend Kinsey Machos, LLC Programs and/or Activities.
11. DAMAGE OR THEFT OF PROPERTY
You understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at or during Kinsey Machos, LLC Programs and/or Activities.
12. APPROPRIATE BEHAVIOR; DISMISSAL WITHOUT REFUND
You understand and agree that you are expected to exhibit appropriate behavior at all times while at any live, in-person Kinsey Machos, LLC Programs and/or Activities and to obey all local, state and federal civil and criminal laws while participating in or attending Kinsey Machos, LLC Programs and/or Activities. This includes, generally, respect for other people, equipment, facilities or property. Kinsey Machos, LLC may dismiss you, without refund, should your behavior endanger the safety of or negatively affect Kinsey Machos, LLC Program and/or Activities or any person, facility or property.
13. CONSUMPTION OF ALCOHOL OR OTHER INTOXICANTS
You agree not to consume alcohol or any other intoxicant prior to Kinsey Machos, LLC Programs and/or Activities that involve physical exercise or activity, or use any medicine or substance that will inhibit your mental or physical ability to safely participate in such Kinsey Machos, LLC Programs and/or Activities. If you choose to consume alcoholic beverages or other intoxicants prior to, during, or after any other Kinsey Machos, LLC Program and/or Activities, you agree you will do so responsibly, and only if you are over the age of twenty-one (21).
Kinsey Machos, LLC reserves the right in its sole discretion to refuse or terminate your access to the Kinsey Machos, LLC Program and/or Activities and Content, member portal, as well as private Facebook groups operated by Kinsey Machos, LLC, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Kinsey Machos, LLC Program and/or Activities or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Kinsey Machos, LLC Program and/or Activities and its Content will still apply now and in the future, even after termination by you or Kinsey Machos, LLC.
In the event you are not meeting milestones in any Kinsey Machos, LLC Program and/or Activities or Kinsey Machos, LLC determines you are not likely to achieve your desired results, Kinsey Machos, LLC may, in its sole discretion, give you the option to either terminate your participation in any Kinsey Machos, LLC Program and/or Activities with a full or partial refund, or continue to participate in any Kinsey Machos, LLC Program and/or Activities with an express forfeiture and waiver of any future opportunity to request a refund.
15. PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, RELEASE, DISCLAIMERS
- (a) You acknowledge that, by engaging with Kinsey Machos, LLC for any Kinsey Machos, LLC Progrom and/or Activities, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in any Kinsey Machos, LLC Program and/or Activities, whether or not caused by the active or passive negligence of the Releasees.
- In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Kinsey Machos, LLC for the Kinsey Machos, LLC Program and/or Activities.(b) The Kinsey Machos, LLC Program and/or Activities and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Kinsey Machos, LLC Program and/or Activities or Content prevents, cures or treats any mental or medical condition. The Kinsey Machos, LLC Program and/or Activities and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. Kinsey Machos, LLC disclaims any liability for your reliance on any opinions or advice contained in the Kinsey Machos, LLC Program and/or Activities.
- (c) Earnings and Results Disclaimer. You agree that Kinsey Machos, LLC has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Kinsey Machos, LLC Program and/or Activities. Kinsey Machos, LLC cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Kinsey Machos, LLC Program and/or Activities, and you understand that results and earnings differ for each individual.
- (d) Any links to third-party products, services, or sites are subject to separate terms and conditions. Kinsey Machos, LLC is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Kinsey Machos, LLC may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
- (e) Kinsey Machos, LLC tries to ensure that the availability and delivery of the Kinsey Machos, LLC Program and/or Activities and Content is uninterrupted and error-free. However, Kinsey Machos, LLC cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
- (f). THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE KINSEY MACHOS PROGRAM AND/OR ACTIVITIES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KINSEY MACHOS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KINSEY MACHOS, LLC DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
KINSEY MACHOS, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE KINSEY MACHOS, LLC PROGRAM AND/OR ACTIVITIES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH MACHOS ACTIVITIES.
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and Kinsey Machos, LLC which may be unlawfully intercepted by third parties not under our control. Kinsey Machos, LLC does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Kinsey Machos, LLC are done at your own risk.
17. LEGAL DISPUTES
18. USERS OUTSIDE UNITED STATES
Kinsey Machos, LLC controls and operates the Kinsey Machos, LLC Program and/or Activities from offices in the United States. Kinsey Machos, LLC does not represent that materials in the Kinsey Machos, LLC Program and/or Activities are appropriate or available for use in other locations. People who choose to access the Kinsey Machos, LLC Program and/or Activities from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless Kinsey Machos, LLC and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but without limitation to attorney’s fees) arising from or in connection with: (i) your use of the Kinsey Machos, LLC Program and/or Activities or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to Kinsey Machos, LLC’s website or any third-party forum or website operated by Kinsey Machos, LLC, (iv) your use of materials or features available in the Kinsey Machos, LLC Program and/or Activities or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by Kinsey Machos, LLC) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of Idaho, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
20. FORCE MAJEURE
The Company will not be deemed to have breached these TOU for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.
21. ENTIRE AGREEMENT, SEVERABILITY, MODIFICATION, AND WAIVER
This agreement constitutes the entire agreement between you and Kinsey Machos, LLC with respect to the Kinsey Machos, LLC Program and/or Activities, Content and Website and supersedes all prior, contemporaneous written or oral communications between you and Kinsey Machos, LLC regarding the Kinsey Machos, LLC Program and/or Activities, Content and Website. If any part of the terms of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Kinsey Machos, LLC may change, modify or update these TOU at any time. Any access or use of the Kinsey Machos, LLC Program and/or Activities or Content by you after Kinsey Machos, LLC publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected].
By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Program or Content.