Terms and Conditions

TERMS and CONDITIONS

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the www.kindregards.com Technology Platform and any of its related products and services (collectively the “Platform Services”). This Agreement is legally binding between you (“User”, “you”, or “your”, including all purchasers and recipients of gift vouchers purchased through the Platform Services) and Kind Regards, Inc. (“Kind Regards, Inc.”, “we”, “us” or “our”). By accessing and using the Platform Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Platform Services. You acknowledge that this Agreement is a contract between you and Kind Regards, Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Platform Services and any Account established via the Platform Services.

1. Authorized Users and Accounts

You must be at least 21 years of age to use the Platform Services. By using the Platform Services and by agreeing to this Agreement you warrant and represent that you are at least 21 years of age, have a valid State or Federal ID, and valid credit card or other acceptable electronic payment methods. If you create an Account via the Platform Services (“Account”), you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with it. We may monitor and review new Accounts before you may sign in and start using the Platform Services. Providing false contact information of any kind may result in the termination of your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. If we delete your Account for the foregoing reasons, you may not re-register for future Platform Services. We may block your email address and Internet protocol address to prevent further registration. You agree that you are only authorized to use or purchase Platform Services for personal use and that you are not using the Platform Services for any business use or purposes. You are not authorized to use the Platform Services to purchase any product for resale by you. You agree that you will not resell, either directly or indirectly, any product or services purchased using the Platform Services.

2. Establishing and Maintaining Your Account

If you are 21 years of age or older and have not previously had your Account with us declined or suspended, you are authorized to create an Account with us to view, access, use, and purchase the Platform Services. During the Account registration process, you may be asked to create a unique password. You are solely responsible for protecting the security and confidentiality of your password. You are also solely responsible for any activity that is conducted through your Account. By logging into your Account, you represent and warrant that: (i) you are the individual who registered for your Account; and (ii) you are using your Account only for its permitted use(s). Should you suspect or become aware of any unauthorized use of your password or activity through your Account, you agree to immediately notify our Customer Service at support@kindregards.com. Upon creating your Account, you acknowledge and agree that: (i) you will not select or use the user name or password of another person with the intent to impersonate such person; (ii) you will not select or use a user name for which another person has rights if you do not have that person’s authorization to use such user name,(iii) we are not a marijuana retailer for purposes of Oregon Revised Statutes (“ORS”) 475B.220 and that we have your permission to collect, maintain and share provided user data with affiliated third-parties, (iv) you will maintain accurate, complete, and up-to-date information in your Account upon which we and others may rely. We may suspend, disable, or delete your Account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. Failure to maintain accurate, current, and complete Account information may result in the inability to use the Platform Services. If you wish to terminate, delete, suspend, or disable your Account, please contact Customer Service.

3. Recipients and Recipient Accounts

Recipients requesting fulfillment orders must be located within a U.S. state which permits the legal sale of cannabis products at the time an order is placed. Recipients must establish and maintain an active Account with us in order to redeem their gift. By establishing an Account or using the Platform Services, the recipient also acknowledges these Terms and Conditions and agrees to be bound thereby. The terms and requirements of any affiliated dispensary fulfilling the recipient’s requested order shall apply to the recipient’s specific purchase and/or delivery from that dispensary. Before proceeding with any purchase, recipients are advised to check with current laws in effect and any specific dispensary requirements to ensure compliance with laws and regulations controlling the transaction. Such items may include, but are not necessarily limited to: producing proof of a valid gift voucher and valid identification as may be required by state or local laws; limitations on purchase quantities; limitations or requirements for deliveries; delivery locations or delivery attempts; hours of operations; restrictions due to due the Covid19 pandemic or other health and safety restrictions or requirements that may be in effect in the location in which the purchase and delivery are conducted.

4. Acknowledgement of Federal and State Laws

In addition to these Terms and Conditions, you acknowledge that parts of the Cannabis sativa plant have been controlled under the Controlled Substances Act (CSA) since 1970 under the drug class “Marihuana” (commonly referred to as “marijuana”) [21 U.S.C. 802(16)]. “Marihuana” is listed in Schedule I of the Controlled Substances Act due to its high potential for abuse, which is attributable in large part to the psychoactive effects of THC, and the absence of a currently accepted medical use of the plant in the United States. You further acknowledge that under U.S. federal laws, the manufacturing, cultivation, sale, transportation, distribution, dispensing, or possession of Marihuana is illegal, and individuals so doing are subject to arrest and prosecution.

For Oregon Purchasers or Recipients: You further acknowledge that under Oregon state law, a person may not produce, process, store, transport, sell, sample, test, or deliver marijuana for commercial recreational use without a license from the Commission or as otherwise authorized under the Oregon Adult and Medical Use of Cannabis Act (the Act”) ORS 475B.010 to 475B.545 and that nothing within the Act exempts a licensee or licensee representative from complying with any other applicable state or local laws nor does licensure under the Act protects a person from possible criminal prosecution under federal law. Please be further advised that the Surgeon General of the Public Health Service has issued a warning on marijuana, that can be read in its full text at the following link: https://www.cdc.gov/mmwr/preview/mmwrhtml/00001143.htm For further health information concerning the use of marijuana, please visit the Center for Disease Control’s website at https://www.cdc.gov/marijuana/tools.html and U.S Department of Health and Human Services at https://www.hhs.gov/surgeongeneral/reports-and-publications/addiction-and-substance-misuse/advisory-on-marijuana-use-and-developing-brain/index.html.

For California Purchasers or Recipients: California Senate Bill 94 (SB 94) – Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) – makes it legal under California law for adults 21 or older to possess, consume and cultivate cannabis in California. The sale of cannabis from licensed retail outlets became legal under California law on January 1, 2018. On the California Department of Public Health’s (CDPH) website, individuals can find information about legal, safe and responsible use, and health information for youth, pregnant and breastfeeding women, parents and mentors, and health care providers. CDPH produced fact sheets with safe storage tips and the important things Californians need to know about purchasing and possessing cannabis for personal use. You may find more information on CDPH’s cannabis education campaign, by visiting their website https://www.cdph.ca.gov/Programs/DO/letstalkcannabis/Pages/LetsTalkCannabis.aspx

5. Mobile Capabilities

The Platform Services may include certain services or information available through your mobile phone, including, without limitation: (a) the ability to upload to the technology platform or through the Platform Services or applications via your mobile phone; (b) the ability to receive and reply to messages and to send content and messages using text messaging or push notifications; and (c) the ability to access the Platform Services and your Account from your mobile phone (the “Mobile Services”). We do not charge for Mobile Services unless otherwise noted; however, please be aware that your carrier’s normal messaging, data, and other rates and fees may still apply. Your mobile carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your mobile carrier or device. You are advised to check with your mobile carrier to find out what plans are available and how much they cost. By using the Mobile Services or creating an Account you agree that we and our affiliates, and third-party dispensaries and delivery services may communicate with you regarding the Platform Services and/or their services by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us. You agree that in connection with your Mobile Services, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. You agree to notify us of any changes to your mobile number and update your Account(s) through the Platform Services to reflect any such changes. By making a purchase or agreeing to receive a gift through the Platform Services or through your Account, you are consenting and agreeing to receive communications (including but not limited to email, text message, SMS, MMS, calls, and push notices) from us or from dispensaries or delivery services with which you have chosen to interact with. With your consent, you agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on our behalf, including but not limited to: communications concerning your Account, or your purchases or use of the Platform Services. Should you choose to opt-out of any of these communications, you may opt-out by following the unsubscribe options provided to you or by contacting us directly with your request. You acknowledge that you are not required to consent to receive additional promotional messages as a condition of using the Platform Services. However, you acknowledge that opting out of receiving text messages or other communications may negatively impact your ability to utilize the Platform Services or maintain your Account.

Notice and Exclusion for Recipients Located in Oregon:

Notwithstanding the above, Oregon laws provide for certain restrictions on the use of identifying information for consumers purchasing marijuana in the state of Oregon. ORS 475B.220 provides, in summary, that a consumer may not be required to procure for the purpose of acquiring or purchasing a marijuana item a piece of identification other than (a) a piece of identification described in ORS 475B.216; and (b) if the consumer is a registry identification cardholder, as defined in ORS 475B.791, a registry identification card, as defined in ORS 475B.791. Furthermore, a marijuana retailer may not record and retain any information that may be used to identify a consumer, except as necessary to make deliveries to consumers pursuant to ORS 475B.206 (3), as required by any rules adopted under ORS 475B.206 (3). Furthermore, a marijuana retailer may not transfer any information that may be used to identify a consumer to any other person, with the exception that a marijuana retailer may record and retain the name and contact information of a consumer for the purpose of notifying the consumer of services that the marijuana retailer provides or of discounts, coupons, and other marketing information if (a) the marijuana retailer asks the consumer whether the marijuana retailer may record and retain the information; and (b) the consumer consents to the recording and retention of the information. However, such consent still does not authorize a marijuana retailer to transfer information that may be used to identify a consumer.

We are not a marijuana retailer, however, the third-party affiliates or dispensaries issuing gift vouchers to recipients for the purchase of products or services may be considered a marijuana retailer under Oregon law. Nothing in these Terms and Conditions is intended to circumvent or contradict Oregon law. Should there be any contradiction between these Terms and Conditions and the substantive laws of Oregon, the laws of the State of Oregon shall prevail and supersede the contradicting Term or Condition. As such, any consent that an Oregon recipient/consumer gives pursuant to these Terms and Conditions is further limited and governed by applicable Oregon laws concerning the collection, recording, and transferring of consumer identifying information. For further information in this regard, please see the following link to ORS 475B https://www.oregonlegislature.gov/bills_laws/ors/ors475B.html

6. Communications

By using the Platform Services, you expressly consent and agree to accept and receive communications from us and/or affiliated dispensaries that you transact with, including via email, text message, calls, and push notifications to the cellular telephone number you provided to the fullest extent permitted by applicable Federal or state laws. With respect to all your communications with us including, without limitation, feedback, questions, comments, suggestions, and the like: (a) you have no right to confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we are free to reproduce, use, disclose and distribute your communications to others; and (c) we are free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.

7. Privacy Policy

Your privacy is important to us. Our privacy policy is incorporated into and made part of these Terms as though fully set forth herein. To review our privacy policy, click on the following link: https://www.kindregards.com/privacy

8. Orders and Billing

You shall pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and the Platform Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, approved form of payment, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

9. Payments and Authorization

Prices for all purchases will be those in effect at the time of your purchase and will be in US dollars. Gift values, service fees, applicable taxes, and processing fees will be calculated and displayed for payment. You authorize us to hold, receive and disburse funds in accordance with your payment and order instructions. Your authorization permits us to (a) transact an ACH transfer; or (b) debit or credit your credit card, debit card, or other payment method(s) that are accepted by us. Payments are due upon purchase. If you fail to pay any sum owed to us when due, or should you cancel payment due to us after receiving services or any products, you will remain liable for the amounts due, and be charged in full for all services and products, including an additional $65.00 fee for any notification of insufficient funds, any stop-payment or any canceled transaction in addition to any and all other fees, costs, damages, or penalties that we may be entitled to collect under applicable state or federal laws governing the transaction. You agree that should we take any action to recover any amounts owed by you, we are entitled to collect interest at the rate of 18% per annum or the highest rate allowed by law on any outstanding debt owed by you, whichever is less, in addition to any other sums owed hereunder and that we are entitled to recover our reasonable attorneys’ fees and/or collection agency fees and the costs associated with any of our collections efforts.

10. Accuracy of Information

Occasionally there may be information within the Platform Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information within the Platform Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Platform Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform Services should be taken to indicate that all information on the Platform Services has been modified or updated.

11. Suggested Gifts and Gift Packages

We may use certain images and descriptions (“Suggested Gifts”) on the Platform Services or in any of our marketing materials, either in hard copy or via the internet, for display purposes only. Actual products offered for redemption by affiliated dispensaries may differ from product images displayed. For example, suggested gifts and/or gift packages displayed through the Platform Services may display generic items that will differ from the actual items provided by any fulfilling entity or dispensary when fulfilling the suggested gift or gift package selected. The actual items used to fulfill the gift or gift package will be determined at the sole discretion of the fulfilling entity or dispensary and not by us. Unless you elect to redeem the gift or gift package in-store, you agree that the fulfilling entity or dispensary may substitute products for the generic products shown online, at its discretion, and that such substitutions may be limited based on the fulfilling entity’s or dispensary’s available inventory on hand at the time of your purchase or at time of fulfillment. Regardless of whether a generic gift(s) or a brand name product has been selected, users of the Platform Services are limited to the purchase of gift vouchers that may be redeemed to purchase the gift(s).

12. No Warranty as to Dispensaries or Delivery Services

We do not sell, manufacture, distribute, or transport cannabis products nor do we act as a dispensary or retailer of any such products. Should you decide to visit any cannabis dispensary or procure the delivery of cannabis products from any cannabis dispensary either directly or indirectly, you acknowledge that it is the responsibility of any such dispensary (and delivery service operating in conjunction with any such cannabis dispensary service) to comply with any and all applicable State and/or Federal laws regulating the manufacturing, sale, and/or distribution of such cannabis products. We may identify and promote certain cannabis dispensaries through the Platform Services. However, we do not warrant or guarantee that any such dispensary or delivery service is acting in compliance with any or all regulatory requirements to operate legally within their State at any particular time. As a result, you are advised to further investigate any cannabis dispensary or delivery service from which you may obtain any cannabis products prior to conducting any transactions with such dispensary(s) in order to further satisfy any concerns you may have as to their competence and compliance with any operating, certification, licensing or other legal requirements.

13. Third-Party Services

If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations or warranties as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against us. with respect to such other services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective technology platforms. By enabling any other services, you are expressly permitting us to disclose your data as necessary to facilitate the use or enablement of such other service.

14. Links to Other Resources

Although the Platform Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links available through the Platform Services may be “affiliate links”. This means if you click on the link and purchase an item, we may receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Platform Services. Your linking to any other off-site resources is at your own risk.

15. Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Platform Services or any content thereon: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Platform Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Platform Services for violating any of the prohibited uses.

16. Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by us or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with us. All trademarks, service marks, graphics, and logos used in connection with the Platform Services, are trademarks or registered trademarks of ours or our licensors. Other trademarks, service marks, graphics, and logos used in connection with the Platform Services may be the trademarks of other third-parties. Your use of the Platform Services grants you no right or license to reproduce or otherwise use any of our or any third-party trademarks.

17. Disclaimer of Warranty

You agree that any services or products we provide relating to or arising from the Platform Services are provided on an “as is” and “as available” basis and that your use of the Platform Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Platform Services will meet your requirements, or that the Platform Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Platform Services or as to the accuracy or reliability of any information obtained through the Platform Services or that defects in the Platform Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Platform Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Platform Services or any transactions entered into through the Platform Services unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Platform Services shall create any warranty not expressly made herein.

18. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will we (including Kind Regards, Inc.’s, affiliates, directors, officers, employees, agents, suppliers, or licensors) be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate our liability and our affiliates, officers, employees, agents, suppliers, and licensors relating to the Platform Services will be limited to an amount greater than one dollar or any amounts actually paid in cash by you to us for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

We are not responsible for the individual policies of vendors or service providers. Should vendors or service providers issue credit refunds rather than cash refunds, those credit refunds will be passed on to the participant in lieu of a cash payment or refund. Additionally, we are not responsible for any contractual damages, personal injury, or property damages caused by any vendor or service provider nor shall we be considered in breach of any of our obligations under this agreement or be liable for any failure to perform any obligations under this agreement should any vendor or service providers’ services be restricted, modified, cancelled or interfered with, modified, or postponed as a result of a cause or circumstances beyond our reasonable control such as, but not limited to: war (whether declared or not), armed conflict or the serious threat of the same, hostilities, invasion, act of a foreign enemy, extensive military mobilization; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; act of terrorism, sabotage or piracy; plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine and chemical or radioactive contamination; act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction; act of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; explosion, fire, destruction or prolonged breakdown of accommodations, transport, telecommunications, or electric current; general labor disturbance such as but not limited to boycott, strike and lock-out, occupation of premises; shortage or inability to obtain critical supplies or services; any third-parties’ failure to comply with laws or regulations or any other reason that makes it actually or potentially impossible or illegal for us to conduct the Platform Services as originally planned or any other event or circumstance not within our reasonable control (each, a “Force Majeure Event”).

19. Indemnification

You agree to indemnify, defend, and hold us (including Kind Regards, Inc.’s affiliates, directors, officers, employees, agents, suppliers, and licensors) harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Platform Services or any willful misconduct on your part.

20. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

21. Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of or relating to it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in San Diego, California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

22. Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

23. Changes and Amendments

We reserve the right to modify this Agreement or its terms relating to the Platform Services at any time, effective upon posting of an updated version of this Agreement on the Platform Services. When we do, we will revise the updated date at the bottom of this page. Continued use of the Platform Services after any such changes shall constitute your consent to such changes.

24. Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Platform Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Platform Services.

Contacting Us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form, send an email to: general@kindregards.com or write a letter to 1111 6th Ave., Suite 300 San Diego, California 92101, USA

This document was last updated on March 26, 2021

In all you do, please be kind.

©2021 Kind Regards, Inc.

1111 6th Avenue | Suite 300 San Diego, CA 92101

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