Revised April 27, 2020
The COVID-19 pandemic is a rapidly evolving situation, as are the laws, regulations, and government actions related to it. Any information on this website related to COVID-19 is subject to change as the laws and regulations change and more information becomes available. Although we attempt to ensure that the information on this site is complete, accurate, and up to date, we assume no responsibility for its completeness, accuracy or timeliness.
- Age Requirement
- Site Content
Information on this Site was current as of the date of publication and is subject to change since that time.
- Site Content Ownership
- Limited Right to Use Site Materials
- Limitations on Linking and Framing
You are free to establish a hypertext link to our Site as long as the link does not state or imply any sponsorship, endorsement, affiliation to other connection to your website or service by Kendal. However, you may not, without our prior written permission, frame or inline link or deep link any of the Content of our Site or incorporate into another website or other service any or our material, Content, or intellectual property.
- Linking and Third-Party Content
The Site may contain links to third-party websites not under our control or operation. Kendal or users may provide any such links only as a convenience; Kendal does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content, and information published by various third-party providers. Use of any such third-party content may be conditioned upon such third-party’s terms and conditions. You are solely responsible for protecting yourself, your devices, and your systems from worms, viruses, Trojan horses, and other harmful content.
- Additional Terms and Conditions
Additional terms and conditions may apply to specific areas of the Site or Site functionality, and you agree to abide by such other terms and conditions.
The Site may allow you to donate to Kendal. All billing information provided must be truthful and accurate. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY DONATION. By donating, you grant to Kendal the right to provide information to third parties for purposes of facilitating the completion of donations initiated by you or on your behalf. Providing any false, untruthful or inaccurate information constitutes a breach of these Terms for which we may cancel your donation and seek other remedies to the fullest extent permitted by applicable law.
Before accepting a donation we may request additional information from you and we reserve the right to reject a donation, or to cancel them after acceptance subject to providing you a full refund. If you have an insufficient amount of funds to complete a donation, we may cancel it at our sole discretion. There may be a pre-authorization for a donations submitted via a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the donation.
The pricing of certain donations may be changed at any time at our discretion. Such changes are applied prospectively and do not apply to your completed past donations. Pricing errors may occur from time to time.
You understand that all donations made via our Website are final. We are not obligated to accept or provide for any refunds, unless otherwise provided for in Additional Terms, or as required by law.
- Laws and regulations
You acknowledge and agree that Kendal, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt, and accuracy of information transmitted to or received from the Site and/or its features.
4. Disclaimer of Warranties
Kendal provides the Site and all information, Content, and services included on or otherwise made available to you through the Site on an “as is” and “as available” basis, unless otherwise specified in writing. You expressly agree that your use of the Site is at your sole risk, unless otherwise specified in writing. Kendal makes not representations or warranties of any kind, either express or implied, including but not limited to, warranties or non-infringement, fitness for a particular purpose, or merchantability, regarding your use of the Site or any information, content, and/or services provided or made available herein or the availability of the Site itself or the accuracy of results obtained through your use of the Site. Without intending to be exhaustive, as part of this disclaimer, Kendal does not warrant that the Kendal Site or any portions thereof will operate uninterrupted or error-free, and gives notice that it is possible that the Kendal Site or one or more portions thereof or features or services available through the Site may be or become inaccessible, unavailable, or inoperable from time to time or permanently.
5. Limitation of Liability
Kendal shall not be liable to you, and you shall be solely responsible, for the selection, use, and suitability of the Site and the information, Content, and experiences provided via the Site. Kendal shall not be liable to you for any direct, indirect, incidental, special, exemplary, punitive, or consequential or any other damages in connection with your use of the Site including, but not limited to, loss of or damage to data or loss of or damage to information, personal injury or property damage, however caused, whether based on contract, tort, warranty, or other legal theory, even if Kendal has been informed in advance of the possibility of such damages and/or such damages could have been reasonably foreseen by Kendal. Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, Kendal’s total liability, regardless of the form of action, shall not exceed $50.
6. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability or consequential damages. Accordingly, some of the limitations in the section above may not apply to you.
7. Governing Law and Jurisdiction
Last updated: April 27, 2020