Terms and Conditions of Use of This Website

By using this website you are accepting all of the following terms and conditions (“Terms”), without any limitation, reservation or modification. If you do not accept these Terms, you are not authorized to use this website or any content (such as text, data, information, software, graphics, or photographs) made available through this website.

Limitation of Use; Website Content:

This website is owned, operated and maintained by or for Kinfield, Inc. (“Kinfield”) and is provided for informational purposes only. Kinfield authorizes you to use this website and its content only for your own personal and non-commercial purposes and subject to these Terms. Use of this website or any of its content for any public or commercial purpose is strictly prohibited. You may not modify, publicly display, publicly perform or distribute this website or any portion of this website without the prior written permission of Kinfield.
While every effort is made to ensure that the content of this website is accurate, the website is provided “as is” and Kinfield makes no guarantee that any of the information provided through this website is complete, accurate, not misleading or up-to-date. We may change the contents of this website at any time without notice.

Copyrights and Trademarks:

This website and its contents are copyright © 2019 Kinfield, Inc., unless otherwise credited. All intellectual property rights in relation to this website are reserved.

Any content, including documents, text, images, video, software, etc., that is made available for download from this website is a copyrighted work of Kinfield or another applicable owner. The use of any such downloaded content is governed by the terms of the end user license agreement, if any, which accompanies or is included with that content or by such other terms as may be specified on this website, e.g., on the webpage from which the content is downloaded. You may not use any downloaded content unless you agree to the applicable license agreement or other terms, if any. If the downloaded content is not subject to any such license agreement or other terms, then your use of such content shall be governed by these Terms. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY CONTENT DOWNLOADED FROM THIS WEBSITE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY A LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH CONTENT OR OTHER TERMS SPECIFIED ON THIS WEBSITE.

Any names, marks, logos, symbols or slogans used to identify Kinfield and its services are trademarks of Kinfield, its partners or other third parties and may not be copied, imitated, or used, in whole or in part, by you without the prior written permission of Kinfield or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with and inures to the benefit of Kinfield or the applicable trademark holder. You may not use any meta-tags or any other “hidden text” containing or utilizing any of our trademarks without our prior written permission.

Except as specified above, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, trademark or other intellectual property of Kinfield or any third party. Any unauthorized use of this website or any content available through it may violate copyright, trademark and/or other laws. Any copies of the content of or available through this website must retain all copyright, trademark and other proprietary notices that appear in the original content.

Third Party Websites, Products and Services:

Any links on this website to third party websites are provided solely as a convenience to you. Kinfield is not obligated to review any such third party websites, does not control any such third party websites, and is not responsible for any such third party websites or the products, services, or content available through those websites. This includes any third party website that accepts donations or other financial remuneration from you for the benefit of Kinfield

Kinfield does not endorse or make any representations about third party websites to which this website may provide links, or any information, products, services or content of such third party websites. If you decide to access any of the third party websites linked to from this website, you do this entirely at your own risk and subject to any terms and conditions applicable to websites. Any reference on this website to third party websites, products or services is provided for informational purposes only and does not constitute an endorsement or a recommendation by Kinfield.

User Accounts:

You may be required to use a username and/or password to access certain portions of this Website. You are solely responsible for maintaining the confidentiality of your password and you are responsible for any and all activities performed using your password. You agree to promptly inform Kinfield of any unauthorized use of your password or any other breach of security related to this website. Kinfield reserves the right to require you to change your password if we believe that your password no longer is secure and to revoke your password if you violate these Terms.

Information Provided By and Collected About You:

While using this website, you may have the opportunity to provide Kinfield some personal information that can be used to identify you, either directly or indirectly, including but not limited to items such as your name, email address, telephone number, identification number, location data, and the like (“Personal Data”). Personal Data also includes information that Kinfield can link with other information to identify you.

Kinfield may collect and store your Personal Data, to the extent you permit this website to access it, when you use, access, or interact with this website. For example, Kinfield may collect Personal Data and other information you voluntarily agree to provide when using this website Digital Services. Such collection may occur when you communicate with Kinfield via email or other channels; when you sign up for or request communications provided or events hosted by Kinfield; when you submit an application for a position with Kinfield; and when you respond to Kinfield’s communications or requests for information.

In particular, this website may use browser cookies and similar technologies (collectively, “Cookies”) to collect, store and provide Kinfield certain information when you use, access, or interact with this website. Kinfield may, for example, collect information about the type of device you use to access this website, the operating system and version of that device, your IP address, your general geographic location as indicated by your IP address, your browser type, the content and features you do and do not view and/or access on this website, the web pages you view immediately before and after you access this website, and the search terms you enter on this website.

You may refuse to accept browser Cookies by activating the appropriate setting on your browser. However, if you do so you may be unable to access certain parts of this website. Unless you have adjusted your browser setting so that it will refuse Cookies, our system may issue Cookies when you direct your browser to this website.

When you access this website via a mobile device, Kinfield may collect precise location information if you permit the website to access such information. Kinfield might use this information to provide you with content based on your location and your proximity to Kinfield offices.

Kinfield may receive information about you from other sources, including third parties that help us to: update, expand, and analyze our records; identify new customers; or prevent or detect fraud. Kinfield may also receive information about you from social media platforms including but not limited to when you interact with Kinfield on those platforms or access Kinfield’s social media content.

By providing any materials or information to Kinfield through this website, including without limitation any feedback, suggestions, posts, uploads, inputs, or other submissions, you: (a) hereby represent and warrant that you have the right to do so and that such materials or information do not infringe or violate any copyright or other intellectual property right of any third party; and (b) grant to Kinfield an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license, including the right to grant sublicenses, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such materials or information or any modification thereto, in whole or in part, in any format or medium, in any manner and for any purpose, commercial or non-commercial, that Kinfield deems appropriate in its sole discretion.

This website may include or provide communication facilities that allow you to publicly post information and statements, communicate with others, or otherwise display content. All information you provide via such communication facilities will be accessible to anyone with Internet access, and any personal information you include in your postings or communications may be read, collected and used by others. We recommend that you avoid publicly posting personal information.

Posting any materials or information to this website that are defamatory, inflammatory, profane, malicious or otherwise in poor taste is prohibited. Kinfield has the right to remove any materials or other information from this website that it deems, in its sole and absolute discretion to be inappropriate or that is alleged to give rise to an infringement or violation of any third party’s intellectual property rights.

SMS/MMS Mobile Message Marketing Program Terms and Conditions:

Kinfield (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at admin@kinfield.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Brooklyn, New York before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Kinfield’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

 

Privacy:

Kinfield will not use your Personal Data or other information collected via this website for any purpose other than identification of you for purposes of responding to your communications with us; for providing you with any services you request; to maintain our list of contacts; to send you any information or marketing communications that Kinfield believes may interest you; for various analytical purposes that enable us to better understand who is using our website, improve how we present content on this website and how we conduct our business; as we believe reasonably necessary or appropriate to comply with our legal obligations and responsibilities; and to protect your, Kinfield’s, or others’ rights.

Any electronic marketing communications Kinfield sends to you may contain opt-out mechanisms that allow you to register your marketing preferences.

The data collected by this website and/or through Cookies that may be placed on your computer will not be kept for longer than is necessary to fulfil our legitimate business purposes. We will however retain and use certain of your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Kinfield will never provide your Personal Data to any third parties except as stated in these terms or with your express permission. Please be advised that we may disclose information about you that is not personally identifiable, such as aggregated and statistical data about our users.

Kinfield deploys administrative, technical, and physical safeguards designed to comply with applicable legal requirements and safeguard the information that we collect. Despite this, no information system can be 100% secure and we cannot guarantee the absolute security of your information. Moreover, Kinfield is not responsible for the security of information you transmit to us over networks that we do not control, including the Internet and wireless networks.

Any information and Personal Data that Kinfield may receive from third parties is governed by the privacy settings, policies, and/or procedures of the applicable third parties, and we encourage you to review them. Similarly, this website may provide mechanisms allowing you to share content from this website on social networks or other communications channels. This website may also include links to third party websites allowing you to view or interact with other content. These mechanisms and links may allow third parties to set Cookies on your computer or device. Please see the privacy policies of such third parties for more information about what information they collect and how they will protect your privacy. Please also refer to the privacy settings of any social media website or application that you may use to connect with the Kinfield website, to determine how you may adjust our permissions and manage the interactivity between Kinfield and your social media account or your mobile device.

Your Rights:

Subject to local law, you may have certain rights regarding information that Kinfield has collected and that is related to you. We encourage you to contact us to update or correct your information if it changes or if you believe that any information that we have collected about you is inaccurate. You can also ask us to see what personal information we hold about you, to erase your personal information and you may tell us if you object to our use of your personal information. To help protect your privacy, we take reasonable steps to verify your identity before granting access to your information. In some jurisdictions, you may have a right to complain to your local data protection authority. If you would like to discuss or exercise the rights you may have, please connect with us via the email address or mailing address provided below.

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

Kinfield may transfer information to countries outside of your country of residence, including the United States, which may have data protection laws and regulations that differ from those in your country.

Disclaimers; Limitation of Liability:

KINFIELD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. KINFIELD EXPRESSLY DISCLAIMS ANY AND ALL EQUITABLE INDEMNITIES.

KINFIELD SHALL NOT BE LIABLE TO YOUR OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY) ARISING OUT OF YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY THIRD PARTY WEBSITE.

KINFIELD DOES NOT WARRANT THAT THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE WILL BE ERROR, VIRUS OR BUG FREE. YOU ACCEPT THAT IT IS YOUR RESPONSIBILITY TO MAKE ADEQUATE PROVISION FOR PROTECTION AGAINST SUCH THREATS, SUCH AS BY SCANNING ANY FILES BEFORE DOWNLOADING.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Kinfield may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty shall be the maximum and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnification:

You agree to defend, indemnify and hold harmless Kinfield, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates, from and against any and all claims, damages, costs and expenses, including, but not limited to, attorneys’ fees, arising out of or in connection with your use of this website, any of its contents or any third party websites.

General:

These Terms constitute the complete and final statement of the agreement between you and Kinfield with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Kinfield with respect thereto. These Terms shall be governed by the laws of the State of New York as applied to agreements made, entered into, and performed entirely in New York by New York residents, notwithstanding your actual place of residence. The failure of Kinfield to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Kinfield and you as reflected in the provision to the fullest extent permitted by law, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of this website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kinfield without restriction.

Modification of These Terms:

Please review these terms often. Kinfield may, in its sole and absolute discretion, change these Terms at any time without prior notice by posting such changes on this website. If you object to any such changes, your sole recourse shall be to cease using this website. Continued use of this website following any such changes shall indicate your acknowledgement of such changes and agreement to be bound thereby.

Contact Information:

If you would like to contact us for any purposes relating to this website, for example with questions about our privacy or data protection practices or to opt out of communications we send to you, please contact us via the contact details posted on this website. Please note that email and other digital communications will not necessarily be secure; accordingly you should not include any confidential or sensitive information in your online correspondence with us.

 

Kinfield
195 Broadway Street
Suite 300
Brooklyn, NY 11211

E-mail: hello@kinfield.com