Last Updated August 23, 2023
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and The Transcendent Friends
Company (“Company“, “we”,
“us”, or “our”), concerning your access to and use of the
https://www.klllk.com website as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Massachusetts, United
States and have our registered office at 25 Hillside Rd, Lincoln, MA 01773. You agree that by accessing the Site,
you have read, understood, and agree to be bound by all of these Terms of Use, including the Privacy Notice, the Community Guidelines, and the End-User License Agreement
(EULA) posted on the Site, which are incorporated into these Terms of
Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THE PRIVACY NOTICE, AND THE COMMUNITY GUIDELINES, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time
to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating
the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such
change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which
Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or
guardian read and agree to these Terms of Use prior to you using the Site.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR
RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE
EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR UNLESS YOU OPT OUT.
Although we strive to provide a safe and secure environment for our users to interact on
our Site and will endeavor to respond promptly to violations of our policies, including these Terms of Use and
Community Guidelines, we cannot control the actions of individuals with whom you might interact, especially
actions that occur outside of our Site and at any in-person meetings or events. Moreover, while we reserve the right
to review and remove any content that violates this Agreement or our Community Guidelines or is otherwise inappropriate or unlawful, we cannot guarantee that all content available
on the Site will be in compliance with this Agreement.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, ACTIONS, OR INTERACTIONS BETWEEN YOU AND ANY
OTHER USERS ON OR OFF OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS
WITH OTHER USERS, INCLUDING ANY LOSS, INJURY, OR DAMAGE RESULTING FROM SUCH INTERACTIONS. YOU ALSO UNDERSTAND AND
AGREE THAT WE DO NOT CONDUCT CRIMINAL OR ANY OTHER BACKGROUND CHECKS OF ANY USERS, NOR DO WE ATTEMPT TO VERIFY
STATEMENTS PROVIDED BY USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS. TO THE EXTENT
ALLOWED BY LAW, WE RESERVE THE RIGHT TO CONDUCT CRIMINAL BACKGROUND CHECKS AND OTHER SCREENINGS OF ANY MEMBER AT ANY
TIME USING PUBLICLY AVAILABLE RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE TO US MAY BE USED FOR THAT
PURPOSE.
If you become aware of content, user, or interaction that violates this Agreement or our
Community Guidelines, please report it immediately by contacting us using the information below. If you have
reason to believe you or another user is in imminent danger of harm or injury as a result of your interaction with
another User, please contact your local law enforcement.
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks
may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. Your limited license shall cease if you are no longer
eligible to use the Site. We reserve all rights not expressly granted to you in and to the Site, the Content and the
Marks.
By using the Site, you represent and warrant that: (1) all registration information you
submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply
with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which
you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site
through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for
any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or
any portion thereof).
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We may include software for use in connection with our services. If such software is
accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then
we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in
connection with our services and in accordance with these Terms of Use. Any Software and any related documentation
is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the
implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all
risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in
accordance with the EULA or these Terms of Use.
You may not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information o other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these Terms of Use and may
result in, among other things, termination or suspension of your rights to use the Site.
By posting your Contributions to any part of the Site, you automatically grant, and you
represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided by you in any
area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate
locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews or ratings. When posting a review,
you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal
activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may
not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates
or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
Use License
Apple and Android Devices
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our
sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You
agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
The Site may contain (or you may be sent via the Site) links to other websites
(“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from third parties
(“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the
Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use
or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and
you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you
shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way
from any Third-Party Content or any contact with Third-Party Websites.
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”)
2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our
services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and
FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of
Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition
Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This
U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that
addresses government rights in computer software or technical data under these Terms of Use.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law
or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review our Privacy Notice
. By using the Site, you agree to be bound by our Privacy Notice, which is incorporated
into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any
other region of the world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you agree to have your data transferred to and processed in the
United States. Further, we do not knowingly accept, request, or solicit information from or knowingly market to
children under the age of 13. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably
practical.
We respect the intellectual property rights of others. If you believe in good faith that
any material available on or through the Site infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a “Notification”). In order to be acted upon, your
Notification must include at least the following information:
Upon receipt of your Notification, we will promptly remove or disable access to the
allegedly infringing material, and we will send a copy of your Notification to the person who posted or stored the
material addressed in the Notification.
If the person who posted the allegedly infringing material believes it was removed by
mistake or misidentification, that person may provide a notification that the material is not infringing (“a Counter
Notification”) to have the material replaced or restored. A Counter Notification must include at least the following
information:
Upon receipt of a Counter Notification that meets the above requirements, we will
replace or restore access to the material, and we will provide you with a copy of the Counter Notification. Please
be advised that pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site
infringes your copyright, you should consider first contacting an attorney.
These Terms of Use shall remain in full force and effect while you use the Site and,
except for those provisions which expressly or by their nature are intended to survive termination or expiration,
shall terminate upon termination or deletion of your account.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN
OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time
or for any reason at our sole discretion without notice. However, we have no obligation to update any information on
our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of
the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any
time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply
any corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed by and construed in accordance
with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State
of Delaware, without regard to its conflict of law principles.
Binding Arbitration
Restrictions
Exceptions to Arbitration
There may be information on the Site that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time,
without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USER THE SITE OR ANY
THIRD PARTY SOFTWARE OR HARDWARE USED WITH THE SITE OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF
USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING OR $11.94 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the extent permitted by law, you agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms
of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of
the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act
toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing
the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such loss or corruption of such
data.
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at
1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. You may not assign any of your rights or obligations to any other party without
our prior written consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms
of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use
and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
The Transcendent Friends Company
800 Lexington St
Waltham Plaza #1058
Waltham, MA 02451
USA
legal@klllk.com