Terms & Conditions
Terms and Conditions for KINBER
KINBER is a 501 (c)(3) nonprofit organization committed to working with communities,
governments, businesses, and schools to advance digital equity and inclusion.
Introduction
Welcome to KINBER. These terms of use are entered into by and between You and KINBER
(“we,” or “us”). The following terms and conditions, together with any documents they expressly
incorporate by reference (collectively, Terms of Use”), govern your access to and use of
www.kinber.org and www.kinbercon.org, including any content, functionality, and services
offered on or through www.kinber.org and www.kinbercon.org (collectively, the “Website”),
whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using
the Website, you accept and agree to be bound and abide by these Terms of Use and our
Privacy Policy, incorporated herein by reference. If you do not want to agree to
these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 13 years of age or older and reside in the
United States or any of its territories or possessions. By using this Website, you represent and
warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Website.Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All
changes are effective immediately when we post them, and apply to all access to and use of
the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that
you accept and agree to the changes. You are expected to check this page from time to time so
you are aware of any changes, as they are binding on you.Photography Rights
By attending any event, conference, or other activity hosted or organized, either entirely or in
part, by KINBER you thereby irrevocably permit, authorize, and license KINBER and its
affiliates, legal representatives, successors, licensees, agents, assigns, and those acting on
KINBER’s behalf (“Authorized Persons”) to use, re-use, publish, and re-publish any
photographs or videos, including finished pictures, negatives, transparencies, proofs,
reproductions, copies of the original prints and negatives, and digital information pertaining to
them (collectively, the “Images”), either separately or together and either in whole or in part,
along with your name, provided such use of your name shall be limited to identifying you as the
subject thereof.
KINBER is and will be the exclusive owner of all rights in the Images. You hereby irrevocably
transfer, assign, and otherwise convey to KINBER your entire right, title, and interest, if any, in
and to the Images and all copyrights and other intellectual property rights in the Images arising
in any jurisdiction throughout the world in perpetuity, including all registration, renewal, and
reversion rights, and the right to sue to enforce such rights against infringers.
KINBER has no obligation to use the Images or to exercise any rights granted under these
Terms of Use. You acknowledge and agree that you have no right to review or approve the
Images, including any written copy or other materials that may be used in connection therewith,
before they are used by KINBER or at any other time, and that KINBER has no liability to you
for any editing or alteration of the Images, or for any distortion or other effects that may occur or
be produced in connection with the taking of such Images or KINBER’s processing, editing,
alteration, transmission, display, publication, or other use of the Images. Acknowledgment or
credit of you in connection with the Images, if any, shall be determined in KINBER’s sole
discretion.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide
on the Website, in our sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Website, or the entire Website, to users, including registered
users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are
aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You agree that all
information you provide to register with this Website or otherwise, including, but not limited to,
through the use of any interactive features on the Website, is governed by our Privacy Policy,
and you consent to all actions we take with respect to your information consistent with our
Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as
part of our security procedures, you must treat such information as confidential, and you must
not disclose it to any other person or entity. You also acknowledge that your account is personal
to you and agree not to provide any other person with access to this Website or portions of it
using your username, password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your username or password or any other
breach of security. You also agree to ensure that you exit from your account at the end of each
session. You should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or other personal
information.
We have the right to disable any username, password, or other identifier, whether chosen by
you or provided by us, at any time in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by KINBER, its licensors, or other providers of such material
and are protected by United States and international copyright, trademark, patent, trade secret,
and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the material on our Website, except as
follows:
Your computer may temporarily store copies of such materials in RAM incidental to your
accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display
enhancement purposes.
You may print or download one copy of a reasonable number of pages of
the Website for your own personal, non-commercial use and not for further reproduction,
publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a
single copy to your computer or mobile device solely for your own personal, non-
commercial use, provided you agree to be bound by our end user license agreement for
such applications.
If we provide social media features with certain content, you may take such actions as
are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies
of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any
services or materials available through the Website. If you wish to make any use of material on
the Website other than that set out in this section, please address your request via our Contact Us page.
If you print, copy, modify, download, or otherwise use or provide any other person with access
to any part of the Website in breach of the Terms of Use, your right to use the Website will stop
immediately and you must, at our option, return or destroy any copies of the materials you have
made. No right, title, or interest in or to the Website or any content on the Website is transferred
to you, and all rights not expressly granted are reserved by KINBER. Any use of the Website not
expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or
regulation (including, without limitation, any laws regarding the export of data or software
to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any
way by exposing them to inappropriate content, asking for personally identifiable
information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without
our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other
similar solicitation.
To impersonate or attempt to impersonate KINBER, a KINBER employee, another user,
or any other person or entity (including, without limitation, by using email addresses
associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of
the Website, or which, as determined by us, may harm KINBER or users of the Website,
or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the
site or interfere with any other party’s use of the Website, including their ability to engage
in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the
Website for any purpose, including monitoring or copying any of the material on the
Website.
Use any manual process to monitor or copy any of the material on the Website, or for
any other purpose not expressly authorized in these Terms of Use, without our prior
written consent.
Use any device, software, or routine that interferes with the proper working of the
Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of
the Website, the server on which the Website is stored, or any server, computer, or
database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for
any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason,
including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other information
of anyone using the Website. YOU WAIVE AND HOLD HARMLESS KINBER AND ITS
AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN
AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW
ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the
activities described in this section.Reliance on Information Posted
The information presented on or through the Website is made available solely for general
information purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is strictly at your own risk. We disclaim
all liability and responsibility arising from any reliance placed on such materials by you or any
other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by
other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting
services. All statements and/or opinions expressed in these materials, and all articles and
responses to questions and other content, other than the content provided by KINBER, are
solely the opinions and the responsibility of the person or entity providing those materials.
These materials do not necessarily reflect the opinion of KINBER. We are not responsible, or
liable to you or any third party, for the content or accuracy of any materials provided by any third
parties.Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily
complete or up to date. Any of the material on the Website may be out of date any given time,
and we are under no obligation to update such material.Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using our website
and services, you consent to the collection and use of your personal information as described in
our Privacy policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a link in such a way
as to suggest any form of association, approval, or endorsement on our part without our express
written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on
this Website.
Cause limited portions of content on this Website to be displayed or appear to be
displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content
they are displayed with, and otherwise in accordance with any additional terms and conditions
we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any
other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is
inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to
stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our
discretion.Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links
are provided for your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over the contents of
those sites or resources and accept no responsibility for them or for any loss or damage that
may arise from your use of them. If you decide to access any of the third-party websites linked
to this Website, you do so entirely at your own risk and subject to the terms and conditions of
use for such websites.Geographic Restrictions
The owner of the Website is based in the Commonwealth of Pennsylvania in the United States.
We provide this Website for use only by persons located in the United States. We make no
claims that the Website or any of its content is accessible or appropriate outside of the United
States. Access to the Website may not be legal by certain persons or in certain countries. If you
access the Website from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Website will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost data. TO THE
FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON
ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER KINBER NOR ANY PERSON ASSOCIATED WITH
KINBER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF
THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KINBER NOR ANYONE
ASSOCIATED WITH KINBER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS
CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET
YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, KINBER HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KINBER, ITS
AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY
TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE
OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE.Indemnification
You agree to defend, indemnify, and hold harmless KINBER, its affiliates, licensors, and service
providers, and its and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees)
arising out of or relating to your violation of these Terms of Use or your use of the Website,
including, but not limited to any use of the Website’s content, services, and products other than
as expressly authorized in these Terms of Use, or your use of any information obtained from the
Website.Governing Law and Venue
All matters relating to the Website and these Terms of Use, and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes or claims), shall
be governed by and construed in accordance with the internal laws of the Commonwealth of
Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of
the Commonwealth of Pennsylvania or any other jurisdiction).
Subject to Section 18 below, any legal suit, action, or proceeding arising out of, or related to,
these Terms of Use or the Website shall be instituted exclusively in the federal courts of the
United States or the courts of the Commonwealth of Pennsylvania, in each case located in the
City of Harrisburg and County of Dauphin, or the City and County of Lancaster, although we
retain the right to bring any suit, action, or proceeding against you for breach of these Terms of
Use in your country of residence or any other relevant country. You waive any and all objections
to the exercise of jurisdiction over you by such courts and to venue in such courts.Dispute Resolution
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE
YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH KINBER ON AN INDIVIDUAL
BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KINBER.
a. Scope of Dispute Resolution Section
As used in this Dispute Resolution Section (the “Section”), “Dispute” means any disputes,
claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of
the use of this Website, to information shared by you or others over this Website or through
other websites, portals, or online services operated by KINBER, to KINBER’s collection or
sharing of your information, or to these terms of use. This Section does not apply to any of the
following types of claims: (i) claims by employees of KINBER entities related to the terms or
conditions of their employment; (ii) any individual action brought in small claims court for
disputes and actions fully within the scope of such court’s jurisdiction; or (iii) claims in which
either party seeks injunctive or other equitable relief in a court of competent jurisdiction to
prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets,
or patents.
b. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver
Provision”)
You agree to resolve Disputes with us only in arbitration and only on an individual basis, and
you waive any right to pursue any claims on a class, collective, or consolidated basis or in a
representative capacity to the maximum extent permitted by applicable law. You and KINBER
agree that each may bring claims against the other only on an individual (non-class) basis and
not as a plaintiff or a class member in any purported class or representative action or
proceeding. Further, you and KINBER agree that a Dispute cannot be brought as a class,
collective, consolidated, or other type of representative action, whether within or outside of
arbitration, or on behalf of any other individual or group of individuals to the maximum extent
permitted by law.
c. Agreement to Arbitrate Claims; Waiver of Jury Trial
By agreeing to these terms of use, both you and KINBER are waiving the right to a jury trial on
any Disputes. For any Dispute in any way relating to or arising out of the online services or
these terms of use, you and KINBER agree that the Dispute shall be resolved by final and
binding individual arbitration. No class, collective, consolidated, or other type of representative
action arbitration will occur.
In addition, you and KINBER agree that each party will notify the other party in writing of any
arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can
attempt in good faith to resolve the Dispute informally. Notice to KINBER shall be sent by
certified mail or courier to 1002 Lititz Pike, Suite 137, Lititz, PA 17543. Your notice must include:
(i) your name, street address, telephone number, the email address you use or used for your
online services account (as applicable), and, if any, an email address at which you can be
contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the
Dispute; and (iv) the specific relief you are seeking. KINBER will send notice to your last known
street and email addresses on file, if any. Any KINBER notice will include: (i) our name, street
address, telephone number and an email address at which we can be contacted with respect to
the Dispute; (ii) a description in reasonable detail of the nature of basis of the Dispute; and (iii)
the specific relief that we are seeking.
If you and KINBER cannot agree how to resolve the Dispute within thirty (30) days after the
notice is received by the other party, then either you or KINBER may, as appropriate and in
accordance with this Section, commence an arbitration proceeding with a written demand for
arbitration.
d. Limitation on Time to Bring Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action for
or related to a Dispute brought by you must be filed within one (1) year after such claim or
cause of action arose or such claim or cause of action will forever be barred. Note that this may
be a shorter time period than allowed under otherwise applicable law.
e. Arbitration Administration and Certain Procedures
You and KINBER agree that, if and as available, any arbitration will be administered by the
American Arbitration Association, except as otherwise modified by these Terms.
https://www.adr.org/Rules
If the American Arbitration Association is unavailable or unwilling to conduct the arbitration for
any reason, or the parties mutually agree that the American Arbitration Association should not
conduct the arbitration, then by mutual agreement the parties shall select an alternative,
impartial, substitute arbitration administration service. This agreement to arbitrate is not
contingent on the American Arbitration Association being available or willing to conduct the
arbitration.
You and KINBER also agree to the following relating to any arbitration proceeding:
You and KINBER waive any right to bring Disputes before any court of law. Rights that
you would have if you went to court, such as access to discovery, may be unavailable or
limited in arbitration.
Arbitration proceedings will take place in a mutually convenient location as agreed by the
parties. If the parties are unable to agree on a location, the arbitrator will select the
arbitration venue, which will be within Pennsylvania. Alternatively, the arbitrator, in his or
her discretion, may order that the arbitration proceedings be conducted by telephone,
online, and/or solely based on written submissions.
The arbitrator will be either a retired judge or an attorney licensed to practice law in
Pennsylvania and will be selected by the parties from the the American Arbitration
Association roster of arbitrators. If you and KINBER are unable to agree to an arbitrator
within fourteen (14) days of the American Arbitration Association’s notice to the parties
of its receipt of the arbitration demand, then the American Arbitration Association will
appoint the arbitrator in accordance with the American Arbitration Association Rules.
The arbitrator may award declaratory or injunctive relief only in favor of you or KINBER
and only to the extent necessary to provide the relief warranted by your or KINBER’s
individual claim. The arbitrator shall not have any power to issue relief to anyone but you
or KINBER.
These Terms affect interstate commerce, and the interpretation and enforceability of this
Section shall be substantively, procedurally, and exclusively governed by and construed
and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the
maximum extent permitted by applicable law, except as otherwise modified by these
Terms.
Any judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction.
All arbitration proceedings will be closed to the public and confidential and all records
relating thereto will be permanently sealed, except as necessary to obtain court
confirmation of the arbitration award.
You have the right at your own expense to be represented by an attorney of your own
choosing. KINBER, likewise, has the right, at its own expense, to be represented by an
attorney of its own choosing.
Payment of all filing, administration and arbitrator fees will be governed by the American
Arbitration Association Rules. If, however, you are able to demonstrate that the costs of
arbitration will be prohibitive for you as compared to the costs of litigation, KINBER will pay as
much of the filing, administration and arbitrator fees as the arbitrator deems necessary to
prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the
claim(s) you assert in the arbitration are frivolous, you agree to reimburse KINBER for all costs
and fees associated with the arbitration that KINBER paid on your behalf which you otherwise
would be obligated to pay under the American Arbitration Association Rules.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held
to the minimum extent required by law, and all other terms, clauses, and provisions of this
Section will remain valid and enforceable. Further, the waivers set forth in this Section are
severable from the provisions of these Terms and will remain valid and enforceable, except as
prohibited by applicable law.
Waiver and Severability
No waiver by KINBER of any term or condition set out in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition,
and any failure of KINBER to assert a right or provision under these Terms of Use shall not
constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of
Use will continue in full force and effect.Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you
and KINBER regarding the Website and supersede all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and oral, regarding
the Website.
Your Comments and Concerns
This website is operated by KINBER, 1002 Lititz Pike, Suite 137, Lititz, PA 17543.
All other feedback, comments, requests for technical support, and other communications
relating to the Website should be directed to our Contact Us page.