KIT, INC.

TERMS OF SERVICE AGREEMENT

Last Updated: September 5, 2025

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Kit, Inc., an Idaho corporation  (“Kit”, “we”, “our” or “us”). By registering for, signing in, or otherwise using our Services, you agree to these Terms, including the limited warranty set forth in Section 19. BY AGREEING TO THESE TERMS, YOU AND KIT AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH KIT, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 22(j). If you do not agree to these Terms, do not use our Services.

We may supply different or additional terms in relation to some of our Services, including charging fees for the Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization and you represent and warrant that you have the legal authority to bind such Organization to these Terms (in which event, “you” and “your” will refer to such Organization) unless that organization has a separate paid contract in effect with Kit, in which event the terms of that contract will govern your use of the Services.

If you have any questions about these Terms or our Services, please contact us at legal@kit.com.

1. Your Information and Privacy

In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy a current version of which can be found at: https://kit.com/privacy. You acknowledge your use of the Services are subject to our Privacy Policy and understand that it identifies how Kit collects, stores, and uses certain information. If you are an Organization, the then-current data processing agreement, a current version of which is available at https://kit.com/dpa, as may be amended from time to time (the “DPA”) will apply when we process Customer Personal Data (as defined in the DPA) that is subject to a Data Protection Law (as defined in the DPA) on your behalf in the course of providing the Services.

2. Changes to these Terms 

1. Supplemental Terms. We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”).  The Supplemental Terms include, without limitation: https://kit.com/affiliate-tos. If Supplemental Terms apply to the Services you are using, you are required to read them, and they will become part of your agreement with us. The Supplemental Terms will control over any conflicting or inconsistent provisions in these Terms of Service.
2. Updated Terms. We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

3. Consent to Electronic Communications 

By registering with Kit or signing up for Services, you understand and consent to us sending you (including but not limited to via email, SMS text messaging, and/or in-app messaging) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding Kit’s products and services.

4. Your Account; Eligibility and Use

Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with Kit you must: provide true, current and complete information about yourself on the registration form and maintain such information so it continues to be true, current and complete. In addition: 

1. Authorization. You must be at least 18 years of age to use our Services. 
2. Jurisdiction. Kit provides the Services solely from the United States.  In your use of the Services, you will comply with all applicable local laws and regulations. Kit may refuse or suspend your use of the Services at any time without notice if Kit determines in its reasonable discretion that you are using the Services in an unauthorized country or region. 
3. Use and Sharing. You may only use our Services for personal and internal business purposes. You may not share our Services.

Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, and we will have the right to immediately terminate the rights granted herein and terminate your access to the Services.

5. Your Account, Account Security 

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You must not authorize others to use your account credentials.  You are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

6. Paid and Free Services

1. Our Services may include both paid-for Services (“Paid Service(s)”) and free Services, for which no fees are charged (“Free Service(s)”). We may also offer certain Paid Services to be paid for on a recurring basis (“Subscription Service(s)”) and others on an as-used basis (“A La Carte Service(s)”). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes, charges, fees, levies or other assessments imposed by any domestic or foreign taxing authority (“Taxes”) (collectively, “Subscription Fee”). A La Carte Services may subject you to fees and Taxes charged per usage and/or terms, including transaction volume (“A La Carte Fee(s)” and, together with Subscription Fees, the “Paid Services Fee(s)”).  Unless otherwise stated, (a) we will invoice you on the first of each month for any A La Carte Fee(s) incurred during the immediately preceding month; and (b) you agree to pay the A La Carte Fee(s) within thirty (30) days from the invoice date.  For example, instead of invoicing you for the A La Carte Fee, we may deduct it from amounts we receive on your behalf, including but not limited to withholding such amounts from certain revenue share amounts payable to you by Kit for Services provided pursuant to certain Supplemental Terms.   Unless otherwise stated, all Paid Services Fees are exclusive of any Taxes.  You are responsible and liable for determining any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of the Services. 
2. IF YOU ENTER INTO A SUBSCRIPTION SERVICE, UNLESS YOU CANCEL THE SUBSCRIPTION SERVICE BEFORE THE RENEWAL DATE, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW FOR THE APPLICABLE MONTHLY OR ANNUAL TERM, AND THE APPLICABLE SUBSCRIPTION FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT. FOR PURPOSES OF THIS SECTION, THE “RENEWAL DATE” WILL BE THIRTY (30) DAYS AFTER KIT SENDS YOU AN ELECTRONIC COPY OF YOUR RECEIPT FOR THE PAID SERVICES FEES CHARGED FOR THE APPLICABLE MONTHLY OR ANNUAL TERM.
3. IF YOU DO NOT WANT YOUR SUBSCRIPTION SERVICE TO AUTOMATICALLY RENEW, YOU CAN CANCEL YOUR SUBSCRIPTION SERVICE AT ANY TIME PRIOR TO THE RENEWAL DATE BY CHANGING YOUR RENEWAL SETTINGS.  YOU MAY ALSO CANCEL YOUR SUBSCRIPTION SERVICE BY SENDING A CANCELLATION EMAIL TO US AT LEGAL@KIT.COM.  You may cancel a Subscription Service at any time, but if you cancel your Subscription Service before the end of the current subscription period, we will not refund any Paid Services Fees already paid to us.
4. We may change the Paid Services Fees at any time, but any such change will not apply to you until such time as your current Subscription Service expires or is renewed (whichever is earlier).  After such time, your use of the applicable Services will be charged at the then-current Paid Services Fees. If you do not agree to these price changes, you must cancel your Paid Services before the changes take effect. If you do not provide such notice, your Paid Services will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and we will charge your on-file payment card or method on the first day of the renewal of the subscription term. Where a Paid Services Fee has increased, we will notify you of the relevant fee increase prior to the renewal of your Subscription Service. If you switch to a Subscription Service with higher Paid Services Fees, we will restart your billing period on the date you switch to the new Subscription Service and apply a pro-rated credit of the amount not used for the old Subscription Service to the first month’s payment for the new Subscription Service.  We may establish, limit, revoke, and otherwise change credit and credit usage limits and terms at any time, in our sole discretion, with or without notice to you.
5. All financial transactions conducted for the Paid Services are made using one or more third-party payment processors we may engage from time to time, including but not limited to Stripe, as set forth in more detail in Section 7.  All such transactions are governed by the payment processors’ respective terms of use and privacy policies, which we do not control. We encourage you to review our third-party payment processors’ terms of service and privacy policies before submitting your payment information.  We do not process or retain your credit card, debit card, or other payment information.  This information is used solely for the purpose of allowing you to sign up for and access and use the Paid Services. All billing information you provide to our third-party payment processor must be truthful and accurate and you represent that you are authorized to use the payment method in the manner contemplated here.  You expressly authorize us (via our third-party payment processors) to charge the payment method you provide for any Paid Services you use.  Your selection of the “Subscribe,” “Accept” or similar button on the checkout page is your electronic signature and you agree that (i) this signature is the legal equivalent of your wet or manual signature and (ii) this transaction is equivalent to an in-person transaction where your payment method is physically present. 
6. If your payment details change, your card or other payment method provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Paid Services. If you do not want to have your card or other payment method automatically updated, you can opt out of these services by contacting your financial institution. If you would like to use a different payment method or if there is a change in payment method, please update that information in the Service or send an email outlining such change to the following email address: support@kit.com.   
7. The billing date will depend on the type of Paid Service (e.g., monthly or annual Subscription Service) that you choose and will be charged on the billing date indicated in your settings. In certain circumstances, your billing date may change.  For instance, if we are unable to successfully charge your card on a given day (e.g., a Federal holiday or due to technical failures).  If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Subscription Service, you remain responsible for any uncollected amounts for the Subscription Service as well as any A La Carte Fees, and we will attempt to charge the payment method as you may update your payment method information. We reserve the right to cancel or suspend your Service if we are unable to successfully charge your payment method for any Paid Services.
8. From time to time, we offer some users free trials to access some or all of the Services. Such Free Services are subject to these Terms except as otherwise stated in the free trial offer. Unless you enter into a Subscription Service or A La Carte Service agreement with us to access some or all of the Services prior to the end of your free trial period, your access to the Services will automatically terminate.

7. Kit Commerce

1. Kit Commerce. Kit Commerce allows you to use the Services to sell electronic and physical goods and services (“Products”) to users and customers. You acknowledge that you agree to all terms in this Agreement in addition to this Section 7.
2. Kit Commerce Account. You must open an account with us (“Commerce Account”) to access Kit Commerce. You must use your or your business’ true and accurate name when opening a Commerce Account. Kit will review the information you submit while signing up for a Commerce Account. You authorize Kit to request information verifying your identity at any time, including but not limited to, business invoices, a government-issued form of identification, a business license, permit, or other information. You agree you are responsible for all activity that occurs under your Commerce Account, including for any actions taken by persons to whom you have granted access to the Commerce Account. We reserve the right to change the account type, suspend, or terminate the Commerce Account of anyone who provides inaccurate, false, or incomplete information, or who fails to comply with the Commerce Account registration requirements. 
3. Stripe. Payment processing services for Kit Commerce are provided by Stripe and are subject to the  Stripe Connected Account Agreement, which includes the  Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement, to the extent applicable, you agree to be bound by the Stripe Services Agreement and to set up your own account through Stripe. As a condition of the Services enabling payment processing services through Stripe, you agree to provide the Services accurate and complete information about you and your business, and you authorize Kit to share it and transaction information related to your use of the payment processing services provided by Stripe. Countries currently supported by Stripe connected accounts are Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand, the United Kingdom, and the United States. You agree you are responsible for all legal and regulatory compliance in the country and/or countries you conduct business in.

8. User Content

1. Our Services may allow you and other users to create, store, and share content, including reviews, messages, text, photos, videos, software, and other materials, including but not limited to other sensitive personal information (collectively, “User Content”).  When you share User Content through our Services, you understand that your User Content and any associated information may be visible to others, and that the individuals or companies that receive your shared information may retain access to your shared information even if you remove that information from the Service or close your account with the Service.   If you choose to share such information, you do so at your own risk.  You represent, warrant and covenant that: (i) you have complied with all applicable laws in connection with your collection, use and provision of your User Content; (ii) you have provided all notices, and have or have obtained all rights, licenses and permissions required under applicable law as may be necessary for you and Kit or its licensors to process your User Content and provide the Services as contemplated by these Terms; and (iii) your User Content does not and will not infringe, misappropriate, violate, dilute or otherwise conflict with the intellectual property rights or personal rights of any third party.
2. You hereby grant to Kit and its affiliates the non-exclusive, worldwide, irrevocable, royalty-free right: (i) to use your User Content to provide the Services to you, and, (ii) on a perpetual basis to create, use, and disclose Anonymized Data (defined below) to develop, maintain and improve the Services and any other products, software, and services of Kit and/or its affiliates. “Anonymized Data” means any data collected in connection with the Services (including your User Content) that has been aggregated and/or de-identified in such a manner such that you or any other individual cannot be identified from the data when it is shared outside of Kit, its affiliates or contractors or service providers of any the foregoing.
3. You may not create, post, store or share any content or generated content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor your User Content, we may: (i) delete or remove your User Content at any time and for any reason with or without notice; (ii) terminate or suspend your access to all or part of the Services if your User Content or your use of the Services is reasonably likely, in our sole determination, to violate applicable law or these Terms; (iii) take any action with respect to your User Content or your use of the Services that is necessary or appropriate, in our sole discretion, to ensure compliance with applicable law and these Terms or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and (iv) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

9. Ownership; Limited License

You retain all rights in and to your User Content provided by you to the Services. The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto are reserved by us or our licensors. Subject to your compliance with these Terms (including Sections 8 and 12), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for either your personal use or your Organization’s internal business use, as applicable. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.  We reserve the right to apply technical or numerical limitations on use of the Services and other features we now make available and will make available in the Services, which may vary depending on the Services you obtain or purchase from us.

10. Subdomain License

You agree “Kit Provided Domain(s)” means the subdomain(s) created by Kit, using a Kit-owned domain, and provided to you for use with the Services. Kit grants you and you agree to comply with a non-sublicensable, non-transferable, non-exclusive, limited license to use the Kit Provided Domains in accordance with the terms of these Terms. You agree that Kit may change or terminate the Kit Provided Domains at any time, in its sole discretion. Kit will use commercially reasonable efforts to provide you with advance notice of such change. You agree, for purposes of this Section 10, that “Intellectual Property Rights” include but are not limited to, current and future worldwide rights under copyright law, patent law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree Kit owns all Intellectual Property Rights in the Kit Provided Domains and Kit retains all Intellectual Property Rights in and to the root domain used to create the Kit Provided Domain(s). You agree you will not, and will not allow others to do, any of the following to Kit Provided Domain(s), or any component thereof, unless required by law or Kit consents in writing: a) adapt, alter, modify, decompile, translate, disassemble, and/or reverse engineer; b) copy or make derivative works, attempt to extract the source code, and/or attempt to reduce to human perceivable form; c) transfer, sublicense, distribute, sell, and/or lease; and d) remove or alter any Kit brand features or other proprietary notices. You agree Kit has no obligation to provide any technical support services under this Section 10.

11. Trademarks and Publicity

Our trademarks and our logos, our product or service names, our slogans and the look and feel of the Services are our intellectual property and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

12. Prohibited Conduct and Content  

1. You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using any of our Services or our API. In addition, you will not:
   1. Sell, or resell our Services or our Services as a service bureau, absent having a separate written agreement with us that allows for such additional uses of the Services;
   2. Use any of the Services, to engage in any harassing, threatening, intimidating, predatory or stalking conduct;
   3. Use or attempt to use another user’s account;
   4. Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any User Content emanates from the Services; 
   5. Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted in writing by us or our licensors; 
   6. Modify any of our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 
   7. Use any of our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
   8. Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
   9. Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from or through our Services; 
   10. Except as expressly permitted by these Terms or a separate agreement with us, develop or use any applications that interact or integrate with our Services without our prior written consent;
   11. Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
   12. Bypass or ignore instructions contained in our robots.txt file; or
   13. Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
2. You will not create, post, store or share any content that is, or that causes our Services to provide, transmit, or receive any content that, as determined by us in our sole discretion:
   1. Is unlawful, libelous, defamatory, obscene, pornographic, sexually explicit, indecent, lewd, suggestive, offensive, inflammatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or promotes violence or discrimination;
   2. Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
   3. Would constitute, encourage or provide instructions for dangerous activities or self-harm;
   4. Is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
   5. Is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
   6. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
   7. Impersonates any person or entity, or falsely state or otherwise misrepresents you or your affiliation with any person or entity;  
   8. Contains any unsolicited promotions, political campaigning, advertising or solicitations;
   9. Contains any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., driver’s license numbers, passport numbers) or credit card numbers;
   10. Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
   11. Is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose us or others to any harm, liability or disrepute of any type.
3. Enforcement of this Section 12 is solely at our discretion, and failure to enforce this Section 12 in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section 12 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.  Without limiting any of our rights or remedies, we reserve the right to retain any and all fees collected from you if we terminate, deactivate or cancel your account or your access to the Services due to your breach of these Terms.

13. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy at: https://kit.com/privacy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

14. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Services (collectively, “Feedback”). You hereby grant to Kit a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and otherwise exploit the Feedback for any purpose, commercial or otherwise, including to develop, copy, publish, or improve the Feedback, the Services, or to develop or improve new products, services, materials, or intellectual property.  We will exclusively own all improvements to, or new, Kit products, services, or Services based on any Feedback. You understand that we may treat Feedback as nonconfidential.

15. Repeat Infringer Policy; Copyright Complaints

1. Our Policy.  In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our “DMCA Policy”). 
2. Reporting Claims of Copyright Infringement. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our designated agent (your notification, a “DMCA Notice”) as follows:
   
   Kit, Inc.
   legal@kit.com
   
   Please see 17 U.S.C. § 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.

16. Third-Party Content

1. We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. 
2. Our Services may rely on, interoperate with or be provided with third-party products, software and/or services, including data storage services, communications technologies, IoT platforms, third-party platforms, engines, tools, applications, games, demos, app stores and APIs, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. The use and availability of the Services is dependent on third-party product vendors and service providers; and these Third-Party Materials may not operate reliably all of the time, which may impact the way that our Services operate. You may be required to obtain separate rights to use such Third-Party Materials from the applicable third party.   
3. We are not responsible for, do not control or endorse or have any obligation to monitor, and make no representations or warranties regarding, any Third-Party Content or Third-Party Materials. The Third-Party Content and Third-Party Materials may be protected by intellectual property rights which are owned by the relevant third-party owners and providers (or by other persons or companies on their behalf). You acknowledge that your access and use of Third-Party Content and/or Third-Party Materials may be subject to separate terms and conditions typically found in: (i) separate terms of service or privacy policies; (ii) separate third-party license agreements or “READ ME” files included with or applicable to such Third-Party Content and/or Third-Party Materials; or (iii) in agreements between you and the relevant third party, which in that case, these Terms do not affect your legal relationship with such third parties with respect to the relevant Third-Party Content and/or Third-Party Materials. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content or Third-Party Materials are solely between you and the third party. You may not modify, rent, lease, loan, sell, reproduce, distribute or create derivative works based on Third-Party Content and/or Third-Party Materials (either in whole or in part) unless you have been specifically given permission to do so by the relevant third-party owners and providers. You understand that all Third-Party Content and Third-Party Materials are the sole responsibility of the person or entity from which they originated and that we are not liable for any loss or damage that you may experience as a result of the use or access of any Third-Party Materials.  We may block or disable access to any Third-Party Content or Third-Party Materials (in whole or part) through our Services at any time.  YOUR ACCESS TO AND USE OF THIRD-PARTY CONTENT AND/OR THIRD-PARTY MATERIALS IS AT YOUR OWN RISK.

17. Additional Obligations

You hereby represent, warrant and covenant that: (i) you have all licenses and permits required for the operation of your business; (ii) you have, and will ensure that any third parties acting on your behalf have, the lawful right and necessary authorizations and licenses to promote, sell or license any and all products or services sold or licensed by you via the Services, including but not limited to Kit Commerce; (ii) the promotion, sale or licensing of any product or service sold or licensed by you via the Services, including but not limited to Kit Commerce, does not and will not violate any rights, licenses or authorizations, or applicable laws or regulations; and (iii) the promotion, sale or licensing of any products or services sold or licensed by you via Kit Commerce will not violate Kit’s then-current Acceptable Use Policy, a current version of which can be found here: https://help.kit.com/en/articles/3038130-acceptable-use-policy., as updated by Kit from time to time.

18. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Kit and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Kit Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms (including any Supplemental Terms); (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your promotion, sale or licensing of any product or service via the Services, including but not limited to Kit Commerce; or (f) your conduct in connection with the Services. You agree to promptly notify Kit Parties of any third-party Claims, cooperate with Kit 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 also agree that the Kit Parties will have control of the defense or settlement, at Kit’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Kit or the other Kit Parties.

19. Disclaimers

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, OUR SERVICES AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING ANY THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ACCESS TO OUR SERVICES, API OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) WILL BE UNINTERRUPTED. WHILE WE ATTEMPT TO MAKE YOUR USE OF OUR SERVICES, API, AND ANY CONTENT, THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS PROVIDED THEREIN OR THEREWITH SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES, API, OR ANY CONTENT, THIRD-PARTY CONTENT OR THIRD-PARTY MATERIALS PROVIDED THEREIN OR THEREWITH OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS).  ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF KIT, KIT PARTIES, AND KIT’S RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND THE OTHER KIT PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF WE OR THE OTHER KIT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY AND THE OTHER KIT PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $5.00 OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES IN THE TWELVE MONTHS PRIOR TO THE FIRST TIME YOU BRING A CLAIM UNDER THESE TERMS. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR OR THE OTHER KIT PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

21. Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE KIT AND THE OTHER KIT PARTIES FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF THIRD PARTIES. IF YOU ARE A CONSUMER WHO RESIDES IN CALIFORNIA, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

22. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

23. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND KIT TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND KIT CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND KIT FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND KIT AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. KIT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. 

YOU AND KIT EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION (j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. 

1. Claims This Section Applies To. This Section 23 applies to all Claims between you and Kit. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 23(c), below) between you and Kit, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms or the Services, including any claims related to the use or operation of the Services, the purchase of any products or services made available through the Services, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.
2. Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Kit or if Kit believes it has a Claim against you, you and Kit will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Kit will make a good-faith effort to negotiate the resolution of any Claim for 60 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 23(b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.
   
   You must send any Claimant Notice to Kit by certified mail, addressed to: 
   
   CORPORATION SERVICE COMPANY
   1305 12TH AVE RD
   NAMPA, ID  83686
   
   Kit will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Kit. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the Claimant Notice.
   
   No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Kit files an Arbitration Demand without complying with the requirements in this Section 23, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.
   
   To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Resolution Period through the date when suit or arbitration may be filed under these Terms.
3. Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Kit, including any disputes in which you or Kit seek injunctive or other equitable relief for the alleged unlawful use of your or Kit’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 23(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.
4. Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 23, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Kit. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Kit.
   
   These Terms affect interstate commerce, and the enforceability of this Section 23 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Kit to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
5. Arbitration Procedure and Location. You or Kit may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.
   
   Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Kit by certified mail addressed to:
   
   Kit, Inc.
   CORPORATION SERVICE COMPANY
   1305 12TH AVE RD
   NAMPA, ID  83686 
   
   Kit will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Kit.
   
   The arbitration will be conducted by a single arbitrator in the English language. You and Kit both agree that the arbitrator will be bound by these Terms.
   
   For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.
   
   The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Kit agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
   
   Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
6. Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
7. Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
8. Confidentiality. If you or Kit files a Claim in arbitration, you and Kit agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Kit agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
9. Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 23(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.
   1. Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
   2. Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.
   3. Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
   4. Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 24.
   5. If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.
   6. If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 23(b) to proceed in arbitration in the same manner as described in Section 23(i)(ii), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.
10. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing legal@kit.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 24.
11. Rejection of Modifications to this Section. You may reject any change we make to this Section 23 (except changes to notice addresses) as to you, by emailing legal@kit.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 23. You may reject changes to Section 23 only as a whole. You may not reject only certain changes to Section 23. If you reject changes made to Section 23, the most recent version of Section 23 that you have not rejected will continue to apply.
12. Two Years to Assert Claims. To the extent permitted by law, any Claim by you or Kit against the other must be included in a Claimant Notice within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Kit will no longer have the right to assert that Claim.
13. Severability. If any portion of this Section 23 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 23 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 23; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 23 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 23 will be enforceable.

24. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Idaho, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Idaho or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Idaho and the United States for Boise, Idaho.  You and Kit waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this Section 24 may not apply to you only to the extent that local law conflicts with this Section 24.

25. Modifying and Terminating our Services; Survival

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services to you at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.  Notwithstanding anything to the contrary herein, Sections 6(a) (solely with respect to your obligation to pay us any and all Paid Services Fees incurred prior to deactivation, termination, expiration or cancellation of your account, subscription, agreement, and/or relationship with us), 6(e), 6(f), 6(g), 8(c), 9 (solely with respect to ownership of intellectual property rights retained by Kit), 10 (solely with respect to ownership of intellectual property rights retained by Kit), 11, 12, 14, 17, 18, 19, 20, 21, 23, 24, 26, and 27 will survive deactivation, termination, expiration and cancellation of your account, subscription, agreement and/or relationship with us.

26. Severability

Each provision contained in these Terms (other than Section 23) constitutes a separate and distinct provision severable from all other provisions.  If any provision (or any part thereof) is unenforceable under or prohibited by any present or future law, then such provision (or part thereof) will be amended, and is hereby amended, so as to be in compliance with such law, while preserving to the maximum extent possible the intent of the original provision.  Any provision (or part thereof) that cannot be so amended will be severed from this Terms, and all the remaining provisions of this Terms will remain unimpaired.

27. Miscellaneous

1. The failure of Kit to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect.  Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. 
2. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.