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Kama At Home

Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Kama Flight Foundation, a nonprofit organization formed under the laws of the State of Delaware, and its affiliates, subsidiaries and successors and assigns (collectively, “Kama Flight” “us,” or “we”) regarding your use of services available at www.kamaflight.com and via any Kama Flight mobile application or other platform that you are accessing or installing on your device or personal computer and the services available through such platforms (together, the “Service”). As used in these Terms, the terms “you” and “your” refer to, and these Terms shall be binding upon, any person or entity who purchases, activates, receives, uses, accepts or otherwise accesses the Service.

BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

  1.  Service Description

Building on the neuroscience of play, connection and relational intelligence, Kama Flight is an innovative fusion of partner dance and yoga that accelerates the development of relational flow. The Service is a fitness and wellness video platform. Users of the Service will have access to instructional videos, attend in-person retreats, and become a certified Kama Flight trainer.

  1.  Eligibility

You must be at least 18 years of age or older, or the age of majority as determined by the laws of your state or jurisdiction of residency, and have full legal capacity to assume the obligations set forth in these Terms and to use the Service. The Service is not intended for those under the age of 18. You represent and warrant that any profile information you submit is true and accurate and that you are of the age of majority as determined by the laws of your state or jurisdiction of residency, and are fully able and competent to enter into and abide by these Terms. Use of the Service is void where prohibited.

  1.  Kama Flight Account

In order to use the Service, you must create an account (a “Kama Flight Account”). When registering for a Kama Flight Account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your Kama Flight Account and your use of the Service, and provide you with partial refunds, as applicable, for any unused portion of Fees you may have paid for a Paid Subscription (as defined below), if any, as set forth below.

You are solely responsible for your activities through your Kama Flight Account, with or without your permission. To protect your Kama Flight Account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your Kama Flight Account or any other breach of security by sending an email to [email protected]. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, KAMA FLIGHT IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR KAMA FLIGHT ACCOUNT. Any personal information you provide is governed by the terms of the Kama Flight Privacy Notice (the “Privacy Notice”), which you may access here or by clicking the “Privacy Notice” link at http://www.kamaflight.com.

  1.  Prohibited Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service 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). Additionally, you agree not to:

  •  Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
  •  Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  •  Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  •  Use any device, software, or routine that interferes with the proper working of the Service.
  •  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 Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  •  Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  •  Otherwise attempt to interfere with the proper working of the Service.

  1.  License

Subject to these Terms, Kama Flight grants you a limited, personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service and its content 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 content and material on our Service, except as follows (or as otherwise permitted by these Terms):

  •  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.
  •  If we provide social media features with certain content, you may take such actions as are enabled by such features.  
  •  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 any additional terms and conditions which may apply to such applications.

You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., malware, malicious code, robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service.

  1.  Licensed Content

Certain content displayed or provided by the Service, including, but not limited to, instructional videos and training materials, which is available to you solely in connection with a Paid Subscription (defined below), has been licensed to Kama Flight by third-parties who own the rights to such content (“Licensed Content”). Licensed Content is protected by all applicable intellectual property laws.

The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service. We do not warrant the accuracy, completeness, or usefulness of the information presented on or through the Service. 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 Service, or by anyone who may be informed of any of its contents.

Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of Kama Flight or its directors, members, employees, donors, agents, representatives, or affiliates. Under no circumstances will Kama Flight or its directors, members, employees, donors, agents, representatives, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service.

  1.  Equipment and Products

Kama Flight does not currently offer or sell any fitness equipment or products except for the Service. However, Kama Flight recommends that Users purchase certain products from third parties to assist, supplement, or enhance Users’ Kama Flight experience. A list of recommended products may be found here. Kama Flight makes no warranties or guarantees whatsoever regarding any products linked to by these Terms and sold by third parties. Users assume all risks of use of third party websites, third party products, and interactions and transactions with third parties.  Kama Flight does not monitor, endorse, or adopt, or have any control over, any third-party website or product. All disputes with third party vendors, including but not limited to product returns and payment disputes, must be addressed directly to such third party. Kama Flight hereby disclaims any and all liability with respect to any such third party.

  1.  Kama Flight Retreats

Kama Flight hosts in-person retreats to provide Users with a unique experience celebrating movement, connection, wellness, and nature together with other Users and their invited guests. Kama Flight has no control over who attends Kama Flight retreats or the actions of any individual at any retreat. Please use caution and good judgment when arranging or attending meetings, and interacting with other Users.

You agree that you bear all risk associated with any retreat you attend, and you agree to release Kama Flight (and Kama Flight’s present and future directors, members, donors, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any retreat you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Kama Flight make take photographs or video of Users who attend retreats. By attending a retreat or other in-person Kama Flight event, you hereby grant Kama Flight permission to take photographs and videos of you, and you further hereby grant Kama Flight the right to publish and publicly display photographs and videos of you on the Service, social media, and in other media forms or platforms, whether now known or hereinafter devised, for promotional, marketing, and informational purposes. You hereby waive all rights of privacy and publicity with respect to such photographs and videos, and hereby acknowledge and understand that no royalty, fee, or other compensation shall become payable to you by reason of such use. 

  1.  Kama Flight Paid Subscription

The Service is available on a paid subscription basis to individuals. Corporate and group subscriptions are not offered by Kama Flight. Access to video content, trainings, and retreats require advance payment before they can be accessed (the “Paid Subscriptions”). You can access a Paid Subscription by signing up on the Service. The fees applicable to your Paid Subscription (the “Fees”) are governed by the specific Paid Subscription plan you agreed to. Kama Flight makes no representation or warranty that the Fees are the lowest or best price at any given time during the term of your Paid Subscription.

  1.  Presales

Certain early Users will have the opportunity to purchase Paid Subscriptions in advance, prior to video content becoming available from Kama Flight (“Presales”). Users who have purchased a Paid Subscription in a Presale will receive full access to the video content and other Service features as soon as they become available. 

Provided that you have not yet received access to video content through the Service, you may terminate a Paid Subscription purchased as a Presale and receive a refund of amounts paid  by emailing [email protected].

  1.  Processing of Payments

Kama Flight uses a third-party payment processor (the “Payment Processor”) to link your credit card to your Kama Flight Account to the Service and process all payments made to Kama Flight. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Kama Flight is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Kama Flight may obtain certain transaction details, which Kama Flight will use solely in accordance with the Privacy Policy.

  1.  Billing

The Fees will be billed in a one-time payment to your payment method prior to the beginning of your paid membership cycle. Upon notice to you, we reserve the right to change our billing practices, in particular, if your payment method has not successfully been charged.

  1.  Cancellations

You may cancel your Kama Flight Account at any time and for any reason. To cancel your Kama Flight Account, please visit your membership settings at https://www.kamaflight.com/settings/account. If you choose to cancel, you will lose access to your Kama Flight Account history and all videos and training plans you enrolled in at the time of cancellation.

  1.  Ownership of Content and Intellectual Property

We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted to you in these Terms, no other rights are granted, either express or implied, to you.

As between you and Kama Flight, all content displayed, published, or provided to you through the Service, or delivered to you by email or any other method by virtue of your Paid Subscription or other use of the Service, is owned by Kama Flight. 

Kama Flight and all related names, logos, product and service names, designs, and slogans are trademarks of Kama Flight Foundation. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without our prior written consent or the owner of the mark, as appropriate, is strictly prohibited.

  1.  Third-Party Content

We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). Kama Flight is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer).

The Service and these Terms may contain links to web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.

Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.

The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

  1.  Assumption of Risk

Consumer protection laws in some jurisdictions, do not allow for service providers to limit their liability with respect to the consequences of their own acts or the acts of their representatives. If these laws apply to you, the exclusions or limitations in the following sections may not apply. In all other jurisdictions, and to the fullest extent permitted by applicable law:

You understand that the Service is intended to be used in connection with athletic and fitness activities. You expressly acknowledge that engaging in athletic or fitness activities as part of your usage of the Service carries certain inherent and significant risks of property damage, bodily injury, or death and that, to the extent permitted by applicable law, you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Kama Flight or by the action, inaction or negligence of others. You also expressly agree that Kama Flight does not assume responsibility for the inspection, supervision, preparation, or conduct of any fitness activity, group interaction, gathering, product, or event that utilizes or is available through the Service.

Please consult your physician before using the Service in connection with any athletic and fitness activities. This is especially important for persons over age 35 or persons with pre-existing health problems. Discontinue any use of the Service or engaging in any such athletic or fitness activities that cause you pain, fatigue, discomfort, nausea, dizziness, or shortness of breath and consult a medical expert. Start slowly and at the level that is appropriate for you. Don’t overexert yourself. Take breaks periodically. Stop and rest if your muscles, joints, or eyes become tired or sore. Do not use the Service or engage in any such athletic or fitness activities under the influence of drugs or alcohol, and make sure your balance and physical abilities are sufficient for any movements and activities while using the Service.

  1.  Disclaimer of Warranties

Consumer protection laws in some jurisdictions do not allow for the limitations and exclusions of warranties. If these laws apply to you and to the extent they cannot be disclaimed or excluded, the exclusions or limitations in the following sections may not apply. In all other jurisdictions, and to the fullest extent permitted by applicable law:

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service 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 SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY OTHER SERVICES LINKED TO IT.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KAMA FLIGHT, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. KAMA FLIGHT DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAMA FLIGHT, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

  1.  Limitation of Liability

Consumer protection laws in some jurisdictions do not allow for the limitations of liability. If these laws apply to you and to the extent they cannot be disclaimed or excluded, the exclusions or limitations in the following sections may not apply. In all other jurisdictions, and to the fullest extent permitted by applicable law:

NEITHER KAMA FLIGHT NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF KAMA FLIGHT, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1.  Indemnification

You agree to indemnify, defend, and hold harmless Kama Flight, its directors, members, donors, agents, employees, and its licensors, suppliers, and distributors, from any costs, damages, losses, expenses, and liability arising from (1) your violation of these Terms, or (2) your conduct or activities relating to the Service, or (3) your violation of any rights of a third party through use of the Service.

  1.  Access; Modifications to the Service

Kama Flight does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).

Kama Flight reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Kama Flight will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

  1.  No Support

Unless otherwise agreed by Kama Flight in writing, Kama Flight is not obligated to provide any support for the Service.

  1.  Privacy

Kama Flight collects registration and other information about you through the Service. Our collection and use of this information is described in the Privacy Notice, which is incorporated into these Terms and available at https://www.kamaflight.com/privacy-policy. Please review the Privacy Notice to learn about (1) what information we may collect about you, (2) how we use that information, and (3) with whom we share that information. Please email [email protected] for all questions regarding the Privacy Notice or to make a request regarding your personal information. 

  1.  Feedback

If you provide feedback to Kama Flight regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Kama Flight to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Kama Flight a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.

  1.  Changes to Terms

We reserve the right to modify these Terms from time to time, in our sole and absolute discretion. If we modify these Terms, we will indicate that we have done so on the Kama Flight website at https://www.kamaflight.com/privacy-policy or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.

  1.  Termination

Consumer protection laws in some jurisdictions may not allow you to limit your recourses regarding legal proceedings. If these laws apply to you, and to the extent they cannot be disclaimed or excluded, the following provisions may not be applicable. In all other jurisdictions, and to the fullest extent permitted by applicable law:

You may terminate your use of the Service at any time by terminating your Kama Flight Account and deleting any Kama Flight software from your device or personal computer. Termination of your Kama Flight Account is your sole right and remedy with respect to any dispute with Kama Flight regarding the Service or these Terms. Kama Flight may suspend or terminate your access to the Service at any time, for any reason. If Kama Flight suspects that you have violated any provision of these Terms, Kama Flight may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of Kama Flight software in your possession.

You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither Kama Flight nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.

  1.  Assignment

These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Kama Flight without restriction. Any assignment attempted in violation of these Terms is void.

  1.  Governing Law; Venue

Consumer protection laws in some jurisdictions might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. If these laws apply to you, and to the extent they cannot be disclaimed or excluded, the following provisions may not be applicable. In all other jurisdictions, and to the fullest extent permitted by applicable law:

These Terms will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. Any dispute or controversy arising out of, relating to or concerning any aspect of these Terms shall be settled by binding arbitration to be held before a neutral arbitrator in New York, New York, under the auspices of the American Arbitration Association. The arbitrator shall permit discovery sufficient to allow any party to the arbitration to take such discovery as is reasonably sufficient to allow that party to secure the information reasonably necessary to present their claim. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitration shall be final, conclusive and binding on the parties to the arbitration. The award issued by the arbitrator shall be in writing and shall set forth the essential findings and conclusions that form the basis of the award. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Except as may otherwise be provided by law, each party shall pay an equal share of the fees and costs charged by an arbitrator to hear the arbitration of this matter. Each party shall be solely responsible for payment of their respective attorney’s fees and costs. The parties agree that all matters relating to any dispute which is the subject of the arbitration hereunder, including all submissions made to the arbitrator and the decision of the arbitrator, shall be treated as confidential by the parties and the parties shall cause any witnesses, counsel or professional advisers retained in connection with such arbitration to maintain all such matters in strict confidence. 

You agree that any dispute or controversy, which cannot be the subject of arbitration proceedings under this section and must be solved in judicial proceedings, will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in New York, New York.

  1.  Waiver of Jury Trials; Waiver of Class Actions

You and Kama Flight mutually and intentionally agree, to the extent permitted by law, to waive all rights to a trial by jury of any action relating to any dispute or to the interpretation of these Terms or the Service. You and Kama Flight specifically acknowledge that this mutual waiver is made knowingly and voluntarily after an adequate opportunity to negotiate its terms. No claim may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant. Furthermore, no judge or arbitrator may consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

  1.  Claims

Consumer protection laws in some jurisdictions may not allow you to limit your time limitation to commence legal proceedings. If these laws apply to you, and to the extent they cannot be disclaimed or excluded, the following provisions may not be applicable. In all other jurisdictions, and to the fullest extent permitted by applicable law:

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

  1.  Waiver and Severability of Terms

The failure of Kama Flight to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Kama Flight. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

  1.  Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your Kama Flight Account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

  1.  Entire Agreement

These Terms, including any documents or agreements incorporated herein by reference, are the entire agreement between you and Kama Flight regarding your use of the Service.

  1.  Contacting Kama Flight

For questions, comments, complaints, or claims related to the Service, please contact us at:

Kama Flight Foundation

3114 N Bay Road

Miami Beach FL 33140

[email protected]

 

Last Updated: January 31, 2024