These Terms were last updated on Sept 14, 2024.

 

By using the KIS website, app or any service offered by KIS (collectively, the “Platform”) after the “last updated” date above, you are agreeing to these Terms.  If you do not agree to these Terms, you may not use the Platform.

 

Your Relationship with KIS (KIS LLC, us or we)

• By using our Platform, you are agreeing to these Terms of Service. These Terms are a legally binding agreement between you and KIS.

• If you break the rules, we may suspend or terminate your account.

• We may in the future charge a fee for certain aspects of our Platform, and some of these fees may be billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription).

• Using our Platform involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it. You should use common sense and good judgment when interacting with others.

Our Platform

• We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.

• We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.

• By using our Platform, you agree to these Terms, including their limitations of liability 

 

These Terms contain important information about your legal rights. To make it easier to understand, we have provided summaries. These summaries are not part of the official terms, and it is important for you to read the language in each section carefully.

1. This Agreement

Summary: You agree to follow some basic rules when using KIS’s Platform. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules from time to time.

1.1 The Agreement. KIS enables you and other members to gather offline in real-world KIS groups at KIS events. The terms “KIS,” “we,” “us,” and “our” include KIS LLC and our corporate parent, affiliates, or subsidiaries. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by KIS, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms. We use the terms “Terms of Service,” “Terms” and “Agreement” interchangeably. Your use of the Platform signifies that you agree to this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.

1.2 Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the “last updated” date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account.

2. Your Account and Membership

Summary: You need to be at least 21 years old and in the United States to use our Platform. We may remove any Content you post or terminate your account at any time.  Venues where KIS events are held may have their own rules and policies, and you agree to abide by those rules and policies (e.g., no underage drinking of alcohol, etc.).

2.1 Eligibility. Our Platform is available to anyone who is at least 21 years old residing in the USA. You represent that you are at least 21. Please note that venues where KIS events are held may have their own rules and policies, and you agree to abide by those rules and policies (e.g., no underage drinking of alcohol, etc.).

2.2 Modification, Suspension, and Termination of Your Account. We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the KIS community, or to protect our brand or Platform. When this happens, we will notify you of the reasons for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time. Sections 4.2 and 6 through 10 will survive any termination of your account or this Agreement.

2.3 Account Information and Security. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others.

2.4 License to the KIS Platform and Services. Subject to your compliance with this Agreement, KIS grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform to access and use the services and features that we make available to you.

3. Fees, Payments, and Offers

Summary: We charge for certain features on our Platform. These fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription) and may change in the future. 

3.1 Fees Charged by KIS. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars. If we must terminate your account because you have breached this Agreement, you are not entitled to the refund of any unused portion of fees paid.

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4. Your Privacy

Summary: We only use your registration data to register your account and communicate with you.

 

4.1 Privacy. KIS is committed to maintaining the privacy and security of your registration data that you provide through the Platform.  We (including our technology service providers) only use your registration data to register your account and communicate with you.  If we use your registration data for any other purposes in the future, we will update these Terms accordingly and notify you in accordance with these Terms.

5. Your Use of Our Platform

Summary: We require that you follow our policies and guidelines when using our Platform. We have no responsibility for behavior you encounter at KIS events by other members or the general public.

5.1 Our Policies, Guidelines and Applicable Laws. You agree to comply with all applicable laws, rules and regulations. If you attend KIS events at third-parry venues, you agree to comply with the third-party venue’s rules and policies. In addition, your access to and use of some areas or features of the Platform may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). 

When the Platform uses third party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to those features and services. For example, some areas of our Platform feature mapping services provided by Google Maps and Google Earth. When you use these mapping services on the Platform, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service. If you do not comply, we may modify, suspend, or terminate your account or access to the Platform, in our sole discretion, and we will provide you with reasons for the modification, suspension, or termination. 

5.2 Behavior of Others. KIS does not control the behavior of other members or third-party venues. When we become aware of inappropriate behavior, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members or third-party venues.

5.3 Interactions with Others. KIS is not a party to any offline arrangements made through our service. KIS does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. KIS makes no representations or warranties concerning the conduct or Content of any members or third-party venues or their interactions with you.
 

Exercise common sense and good judgment when using our Platform and interacting with other members at KIS events. If you have a concern regarding other members, you can report it to KIS using the contact form on our website.

5.4 Prohibited Uses of the Platform. Our Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Platform, or any portion of the Platform; (b) remove or alter the proprietary notices on the Platform; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform; and (d) rent, lease, resell, distribute, or use the Platform for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Platform to solicit or collect (i) personal data from others except as necessary for the administration of or participation in a group or event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers). In addition, you agree that you will comply with the export control laws of your local jurisdiction. You also represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. You also agree you will not use the Platform and service for improper purposes such as to: (a) threaten, harass or defame others; (b) create a false identity or forged email address or otherwise attempt to mislead others.

5.5 Platform Safety and Security. You agree that you will not, either directly or indirectly, (a) extract data from the Platform for a commercial purpose not permitted by these Terms, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); or (b) engage in any activity  that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Platform or its systems.
 
5.6 Platform Modifications. We work hard to continuously maintain and improve our Platform. This means that we may modify or discontinue portions or all our Platform with or without notice and without liability to you or any third party. That includes canceling KIS events for any reason. No refunds will be offered for modifications or discontinuation of the platform or event. We do our best to ensure all events happen as posted but reserve the right to cancel if needed for any reason. We will provide notice to members who have RSVP’ed to events if they are canceled. 

5.7 Third Party Sites, Services and Venues. The Platform contains links to third-party sites, and is integrated with various third-party services, applications and sites that may make available to you their content and products. KIS events may also be held at third-party venues.  We don’t control these third parties and aren’t responsible for those sites or services or their content or products or their venues. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Platform.

6. Release

Summary: To the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions  at or in connection with a KIS event. You also agree not to hold organizers, businesses or hosts responsible for their negligence in connection with the KIS event.
 

To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners (“KIS Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a KIS event. You also agree, to the full extent permitted by applicable law, to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, a KIS group, or a KIS event.

 

You acknowledge that some KIS events carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.

 

This release and your responsibilities also include any and all guests that you invite to attend any KIS function.  

7. Indemnification

Summary: To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Platform.

To the full extent permitted by applicable law, you agree to indemnify, defend and hold all KIS Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a KIS event that violates this Agreement. You agree to promptly notify us of any third-party Claims, cooperate with all KIS Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.

8. Warranty Disclaimer and Limitation of Liability

Summary: Our Platform is provided to you “as is” and we make no warranties of any kind with respect to our Platform. Our liability in connection with the Platform is limited to the fees you paid to us in the 12 months preceding the claim or $100, whichever is greater.

8.1 Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of other members, marketing partners or other third parties on or located through our Platform.

8.2 Limitation of Liability. To the full extent permitted by applicable law, you agree that in no event shall any KIS Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any KIS Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from KIS events, attendance at KIS events, participation in or exclusion from KIS groups or KIS events and the actions of you or others at KIS events, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.

9. Dispute Resolution

Summary: If you have a dispute with KIS, you agree to try to work it out directly with us first. If we can’t work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action.

9.1 Informal Resolution. Before you make any claim, you agree to try to resolve any disputes through good faith discussions with us. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in KIS events. You may initiate this process by sending written notice to KIS according to Section 10.1 describing the dispute and your proposed resolution. If we cannot resolve the issue within 30 business days following receipt of the initial notice, you or KIS may bring a claim in accordance with Section 9.

9.2 Arbitration Agreement. The arbitration procedures described in this Section 9.2 apply to all members. You and KIS are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with KIS. Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time permitted by applicable law.  Either party may commence arbitration by filing a written demand for arbitration with a copy to the other party according to the notice procedures in Section 10.1. You agree that Arizona law, the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Each party must pay any filing, administrative and arbitrator fees. The parties will cooperate with each other in scheduling the arbitration proceedings, and in selecting one arbitrator with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and can award costs, fees, and expenses, including attorneys’ fees, to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

9.3 Class Action Waiver. You agree to resolve disputes with KIS on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.

 

10. General Provisions
10.1 Notices.  All notices to a party shall be in writing. Notices to KIS shall be sent to contact@kissocial.co. Notices to you shall be provided as set forth in these Terms or sent to the email address you provided upon your registration or any updates to your registration information.

 

10.2 General.  If any provision(s) of this Agreement is found to be contrary to law, then such provision(s) are to be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. KIS’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if unambiguously made in writing and signed by KIS.  KIS shall not be liable for any damage, liability or failure to perform due to pandemic or other causes beyond its reasonable control.