Kinfo^tm Terms of Use

June 2018

Welcome to Kinfo^tm! Before you get started, please read our Terms of Use (“Terms”). These Terms are the terms of a contract between you and PYK, LLC, dba Kinfo^tm (“us”, “we” “Kinfo”), which is applicable when you visit our website and use our products and/or services, as well as any content provided by us (individually and collectively, the “Platform”), globally, in existence now or in the future. You are referred to herein as “you,” “your” or the “User.”

We may update these Terms from time to time. So, if you visit our website on more than one occasion, please be sure to re-read these Terms.  If you continue to use the Platform after the effective date of any change in these Terms, you will be deemed to have accepted the change.

1. GENERAL ACCESS TO THE PLATFORM.

The Platform is offered and made available only to users 18 years of age or older. If your use of the Platform is prohibited or restricted in any way by the laws, regulations, rules or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Platform immediately.  BY ACCESSING THE PLATFORM: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE, (II) SHOULD YOU UTILIZE THE PRODUCTS AND SERVICES WE OFFER, YOU AGREE TO PAY THE ASSOCIATED RATES, FEES AND CHARGES, ALL OF WHICH CAN BE FOUND ON OUR WEBSITE  AND (III) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. EXCEPT AS STATED IN THE REFUND POLICY SECTION BELOW, YOUR REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY FEATURES, FUNCTIONS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM (COLLECTIVELY “SERVICES”), IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR SERVICES OR PRODUCTS.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY ONCE YOU ACCESS THE PLATFORM.

When we use the term “Agreement” we mean and are referring to these Terms, as well as any additional terms and conditions that apply to and govern your use of the products and services we make available to you from time to time through the Platform or otherwise in writing.  These Terms and our use of the term “Agreement” also includes our Privacy Policy that can be accessed on the Platform. The Privacy Policy is hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you access and use the Platform, even if your use of or participation in any particular product or service terminates, expires, ceases, is suspended or is deactivated for any reason.

The words “use” or “using” in this Agreement, means any time an individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Platform, receives data from or transmits data to, the Platform, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Platform, for any purpose whatsoever or for any reason whatsoever.  This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the Platform that may direct your browser or your Internet connection to third party websites.

2. OUR PRODUCTS AND SERVICES.

Kinfo serves as a resource to its end users like you by offering the ability to prepare your own documentation that may be needed to facilitate the sharing of information in the event of an emergency.  Kinfo’s Platform gives you the ability to generate critical documentation, such as a durable financial power of attorney or a durable health care proxy, after inputting user-specific information, which can then be downloaded and stored securely by you.  It is important to note that many of these types of documents have state-specific requirements which, if lacking in any respect, may result in the documents not being accepted by or enforceable against providers of information, such as doctors, clinics, hospitals or pharmacies.  Kinfo engaged a law firm that is experienced in all aspects of these important documents to ensure that they meet state-specific requirements then in effect.  However, your use of the products and services provided by Kinfo should not be a substitute for legal advice and guidance – neither of which Kinfo is offering, directly or indirectly, through its products and/or services.  Your use of Kinfo’s Platform does not create an attorney-client relationship.  Instead, you are representing yourself when utilizing the Platform for legal purposes.  Simply put, Kinfo’s Platform provides access to professional documents to meet your legal needs, offering an easy-to-use service that is less costly than other options that may be available to you.  By using Kinfo’s Platform, you acknowledge and understand that your use of our forms is neither legal advice nor the practice of law, and that these forms are not customized for your particular needs.

While Kinfo strives to keep its Platform, as well as its products and services, compliant with any and all applicable laws, Kinfo cannot guarantee that any particular product or service complies with the law because changes to laws do occur from time to time.  If you have paid any and all applicable fees and charges to Kinfo to use Kinfo’s Platform and discover that any documentation you had generated through the Platform is not compliant with applicable law, please see the Refund Policy section of these Terms below.

3. INFORMATION.

At certain points in using the Platform, you will be asked to provide information to us. We may collect two types of information from you, personally identifiable and non-personally identifiable.  The security of your personally identifiable information is important to us. We follow generally accepted industry standards to protect any such information provided to us. The terms of our Privacy Policy are available on our website and are incorporated herein by this reference.

The minimal personally identifiable information we collect includes the name and address of the principal and agent. Your credit card payment information is obtained through a third party paying agent of Kinfo known as Stripe; Kinfo neither receives nor retains any of your payment information.  For certain products, you may need to provide other non-personally identifiable information such as gender. You can decline to submit personal information for any of our products and/or services, in which case Kinfo may not be able to provide those products and/or services to you. It is anticipated that information which you provide when utilizing the Kinfo Platform will remain available to you on your local computer for up to 24 hours.

We do not sell personally identifiable information. We will not disclose your personally identifiable information in a manner inconsistent with this Agreement or any other posted policy on the website unless required by law or to protect our interests. We will not request personally identifiable information, your user name and/or password via email. In the event that you receive any communication that purports to be from Kinfo that seeks personally identifiable information, send that request to Kinfo via the “Contact Us” link on the Platform. For more information, please see our Privacy Policy.

Any non-personally identifiable information, communications or material you send to us by any method is deemed by us to be non-confidential and you expressly license Kinfo to use, reproduce, and create derivative works from information, communications or material. We reserve the right to use comments, testimonials and other statements made by you on our Platform, including, but not limited to those you may post on any bulletin boards, in our frequently asked questions section, and in marketing and promotional materials. Any information, communications or material you send to us must be truthful, legal, and not violate any third party intellectual property or other rights. We reserve the right to change this Agreement and any other posted policy on our website or to withdraw, change or add products or services contained within our Platform at any time.

4. REGISTRATION / TERMINATION.

The Kinfo Platform is available as a “pay-as-you-go” service conditioned upon you providing accurate information.  If the information you provide is inaccurate, incomplete, untrue or outdated, or we have reason to believe that it is or may be inaccurate, incomplete, untrue or outdated, we have the right to restrict, limit or prohibit your current or future use of the Platform. You understand and agree that the Platform may, under certain circumstances and without prior notice to you, terminate your access to it and its use with or without cause.

5. LIMITED USE LICENSE / RESTRICTIONS.

Kinfo’s Platform and the services it provides is owned and operated by PYK, LLC dba Kinfo. All right, title and interest in and to the products, materials and services provided on the Platform, including but not limited to information, documents, logos, graphics and images (collectively, the “Materials”) are owned either by PYK, LLC or by our respective third party vendors. Except to the extent expressly permitted by the Terms, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any manner and nothing on the Platform or on any products or services available through the Platform shall be construed to confer any license under any intellectual property rights of Kinfo.   However, Kinfo hereby grants you the limited right  to download, view, copy and print the Materials on any single computer solely for your personal, informational, and non-commercial use; provided that (i) you pay for the use of the Platform, (ii) the copyright and trademark notices appearing on any Materials shall not be altered or removed, (iii) the Materials are not used for anything other than personal, non-commercial purposes and (iv) the Materials remain unmodified, except to the extent modified for editing of downloadable forms for personal use. This permission remains subject to your compliance with these Terms.  If your permission is terminated, you agree to immediately destroy any and all Materials you have obtained.

6. LINKS TO OTHER WEBSITES.

You will find links to third-party websites on our website or within our Platform because Kinfo may enter into agreements with a number of partners and affiliates whose sites are linked with ours. Kinfo may also provide links to other websites with whom it is not affiliated. These websites have their own privacy guidelines and policies that you should carefully review. Kinfo accepts no responsibility or liability whatsoever for their policies whatsoever, or the consequences of visiting such sites through the links provided in our Platform. or any changes or updates to such sites.

7. WARRANTY DISCLAIMER/LIMITATION OF LIABILITY.

Regrettably, we must advise you that your use of Kinfo’s Platform is at your sole risk. Kinfo is unable to warrant that your access to or use of the Platform will be error free or problematic; nor can Kinfo warrant that its Platform or the server(s) on which the Platform operates is free of viruses or other harmful components.

Kinfo recommends that you consult with the appropriate professional concerning your particular circumstances.  Under no circumstances will Kinfo be responsible for any loss or damage resulting from anyone’s reliance on information or other content available pursuant to the Platform.

If you suffer any damages, losses, and/or liabilities as a result of Kinfo’s Platform or any of the products or services provided by it —whether in contract, tort (including, without limitation, negligence), or otherwise—Kinfo’s maximum liability (which includes, collectively, its affiliates, officers, directors, employees, agents, suppliers and licensors) to you shall not exceed One Thousand Dollars ($1,000.00). This limitation of liability applies whether the claims are contract, tort (including negligence), or otherwise.  This limitation of liability is in the aggregate and not per incident.  Neither party may bring a claim under this Agreement more than twelve (12) months after the event that creates the action or claim.  Some jurisdictions do not allow for the limitations on damages and remedies.  For that reason, some of the limitations described above may not apply to you.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PLATFORM, KINFO OR ANY OF ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND IN CONNECTION WITH OR ARISING FROM USER USE OF THE PLATFORM OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. These exclusions apply regardless of the theory of liability, or whether related to your use or inability to use the Platform, or otherwise. These exclusions apply even if either party has been advised of the possibility of such damages.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY KINFO, THE PRODUCTS AND SERVICES OF KINFO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. KINFO DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO ANY PRODUCTS AND/OR SERVICES CONTAINED ON THE PLATFORM. KINFO DOES NOT REPRESENT OR WARRANT THAT THE DOCUMENTATION AVAILABLE ON THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KINFO WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN – OR TAKEN IN RELIANCE – ON MATERIAL OR INFORMATION, CONTAINED ON AVAILABLE THROUGH THE PLATFORM.  WHILE KINFO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM SAFE, KINFO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE PLATFORM.  KINFO CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE OR SUBMIT TO US ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

KINFO WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND WE ACCEPT NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF OUR PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM.

8. INDEMNIFICATION.

In the event that Kinfo shall be subject to any claim, cause of action or liability as a result of your use of the Platform or any product or service made available to you by or through the Platform, you agree to defend, hold harmless, and indemnify us from and against any and all such claims, as well as any damages, costs, debt, losses, liabilities, obligations, injuries, and expenses, including reasonable attorney’s fees and costs, arising from your use of and access to the Platform.

9. DISPUTE RESOLUTION.

You and Kinfo shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with this Agreement and/or your use of the Platform, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a “Dispute”).  You agree to provide written notice to Kinfo of your dispute. Once we receive notice of your dispute, we will attempt to resolve it within ninety (90) days. If you and Kinfo are unable to resolve a Dispute within ninety (90) days of written notice of such Dispute being received by both parties, such Dispute shall be finally settled by Binding Arbitration as defined below. You agree to wait until after this 90-day resolution period before filing an arbitration demand.

Any Dispute not resolved within ninety (90) days as set forth above shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties.  The number of arbitrators shall be one who shall be selected by Kinfo.  The seat, or legal place, of arbitration shall be New York City.  The language to be used in the arbitral proceedings shall be English.  The governing law of the Agreement shall be the substantive laws of the State of New York applicable to contracts made, executed and wholly performed in that State.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in arbitral proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  The arbitration award shall be final and binding on the parties (“Binding Arbitration”).  The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made.  Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.  You and Kinfo shall be responsible for their respective attorneys’ fees and expenses.  This agreement to arbitrate shall survive the termination of these Terms.

Any Dispute arising out of or related to this Agreement is personal to you and Kinfo and shall not be brought as a class arbitration, class action or any other type of representative proceeding.  There shall be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.  Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

10. INTERNATIONAL USE.

Although the Platform may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content or your participation on the Platform is illegal is strictly prohibited.  Those who choose to access the Platform from other locations outside the United States of America do so on their own initiative and are solely responsible for compliance with all local laws including but not limited to tax and securities laws.  Any offer for any product, service and/or information made in connection with the Platform is void where prohibited.

11. GOVERNING LAW; VENUE.

The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. Arbitration taking place in the City and County of New York shall be the exclusive dispute resolution process used by the parties hereto and shall conform to the Rules and Procedure laid down by the American Arbitration Association as described above. Each of the parties hereby knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury or class action in respect of any litigation. We make no representation that materials provided through the Platform are appropriate or available for use in all locations. Those who choose to access the Platform do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent applicable. We reserve the right to limit the availability of the Platform to any person, geographic area, or jurisdiction we so desire, at any time and at our sole discretion, and to limit the quantities of any such service or product that we provide.

12. REFUND POLICY.

Certain products and/or services may be offered for free or on a trial basis periodically. The terms and conditions of the offer shall govern any free trials; if no such terms and conditions are contained in the offer, this Agreement shall govern and its specific provisions shall apply to all matters of which the offer is silent.

Except as noted in the Refund Policy, no refund shall be available for free trials properly converted to paid services or for fees of other services.

With respect to any paid products and/or services available on the Platform, Kinfo will reimburse you for the fee or charge actually paid by you if the products and/or services provided by and through Kinfo’s Platform do not actually serve the purpose for which they were intended.  Claims for reimbursement must be made within one (1) year of your initial use of the Platform, product or service provided by Kinfo, and be accompanied by such documents and information for Kinfo to reasonably determine that a refund is warranted.

13. MODIFICATION.

These Terms may be modified by us from time to time to include changes to the Platform, such as removing or discontinuing any form or content or feature of the Platform or changes to the fees, charges, or other conditions for use of the Platform. Any modification we make to these Terms will be effective seven (7) days after notice of any change is provided to you (or when you revisit the Platform at a later date after your initial use of the Platform), and may be done by means including, but not limited to, a posting on this website or via email. Your use of the Platform after such notice or revisit will be deemed acceptance of such modifications. If you do not agree with these Terms, do not utilize the Platform for any purpose.

14. MISCELLANEOUS.

If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in the Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve all rights to alter, modify and enforce these Terms.  These Terms contain the entire agreement between you and Kinfo and supersede any and all prior agreements.