Terms of Service

Last updated: March 27, 2026

Kindred Concepts, Inc. (“Kindred,” “we,” “our,” or “us”) provides access to https://livekindred.com and the other websites under the livekindred.com domain, and a corresponding mobile application and Members-only Slack and WhatsApp groups (collectively, the “Platform(s)”), and to Verified Member Services (defined below) (collectively with the Platforms, the “Services”), subject to your compliance with all the terms, conditions, and notices contained or referenced in these Terms of Service (the “Terms”). By using any of the Services, you agree to comply with and be bound by these Terms, including the following policies incorporated into these Terms by reference: Member Code of Conduct and Cancellation Policy. Please also review our Privacy Policy, which describes how we collect, use, and share your personal information.

Important Notice: When you agree to these Terms, you are agreeing (with limited exception) to resolve any Dispute (defined in Section 15) between you and Kindred through binding, individual arbitration, rather than in court, and to waive your right to a trial by jury and to participate in a class action. Please review Section 15 “Arbitration Agreement” below for more details. If your country of residence does not enforce or allow arbitration agreements, the mandatory pre-arbitration Dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law.

BACKGROUND.

To become a “Registered Member,” you must first create an account (“Account”) and register your home(s) (“Home”) on the Platform, which Kindred must review and approve based on its then-current requirements and policies. After registration and once both your identity and Home have been verified by Kindred, you become a “Verified Member” (Verified Members together with Registered Members, are “Members”). A Verified Member who stays at another Verified Member’s Home is a “Guest;” a Verified Member who makes their Home available for a stay by a Guest is a “Host.” Verified Members earn credits (“Credits”) by hosting other Verified Members for stays, and can redeem Credits for stays at other Verified Members’ Homes.

Verified Members may have access to the following services to facilitate their use of the Platforms: (i) ability to use the Platform to stay at other Members’ Homes; (ii) concierge services during each stay to facilitate communications between Guests and Hosts and assist with any issues with a stay; (iii) cleaning services provided through Kindred’s network of providers; and (iv) other similar services (collectively, “Verified Member Services”). Registered Members have access to certain limited Platform services, excluding the “Verified Member Services” described above.

You acknowledge that there are inherent risks of participating in a member-to-member platform for Home stays. You assume full responsibility for your use of the Services and any information obtained through the Platform, any interactions with Members, and any exchanges that result from your use of the Services. Your use of the Platform is voluntary, and you accept any risks inherent in your use.

As the provider of the Services, Kindred does not directly own, control, offer, or manage any Homes. Kindred is not a party to, and does not control, the arrangements that Members make with each other for stays. Kindred is also not a real estate broker, travel agency, or insurer. Any legal rights or obligations between Members are determined by applicable law and the conduct of the parties, not by these Terms. Kindred is not acting as a representative or agent in any way for any Member. Kindred’s role is limited to providing the Platforms and managing participation according to its rules.
USING THE SERVICES.
1. Members. You may use the Services only if you are 18 years or older, have not been previously suspended or banned by us from accessing your Account or using the Services (unless we subsequently re-instate your access or use rights), are capable of forming a binding contract with Kindred, and are not otherwise barred from using the Services under applicable law. Your Account must contain accurate, complete and current information. Failure to do so may result in suspension or termination of your Account.. Each Home must meet the requirements set forth in Property Requirements.
2. Account Protection. To protect your Account, keep the Account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your Account. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
3. Passport. Kindred Passport is an annual subscription product offered to Members that allows subscribers to save on Service Fees. The latest information about Kindred Passport’s benefits and eligibility are available on the Kindred Passport resource page. Kindred may suspend or terminate Kindred Passport at any time upon written notice to the Kindred Passport Members.
4. Circles. Kindred allows Registered and Verified Members to join certain affiliate groups (“Circles”) to share their Homes with other members of the Circle. To join a Circle, you must be: (i) eligible to use the Services as defined by these Terms; and (ii) have current (or former, if appropriate) affiliation with the Circle. Circle Members are eligible to: (i) search for Homes within the Circle, and (ii) limit Guests for their Homes to those in the Circle. To be a Host or a Guest to members of a Circle, you must first become a Verified Member. For clarity, Circles are offered solely by Kindred, without any sponsorship or endorsement by, or affiliation with, the company or organizations named in the applicable Circle. By joining a Circle, you acknowledge that: (i) your Home, Member profile information and photo, and/or first name may be shared with other Circle members, and (ii) a Member’s affiliation in a particular Circle is Member-reported, and Kindred does not guarantee Member affiliation. Kindred may suspend or terminate Circles or your ability to engage with a Circle at any time for any or no reason. Kindred reserves the right, in its sole discretion, to verify the eligibility of anyone seeking to participate in a Circle.
5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Kindred (including Kindred’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use such Feedback in connection with operating, providing, and marketing the Services.
6. Cancellation. You agree that Kindred’s Cancellation Policy and the terms contained therein govern any cancellations, including the number of Credits that are refunded if you cancel a stay.
7. Pilot and Beta Features. Kindred may, from time to time, make available to all or selected Members features, tools, or services that have not been made generally available on the Platform ("Beta Features"). Beta Features may be designated as "beta," "pilot," "experimental," "early access," or by a similar description. Beta Features are provided "as is" without warranty. Kindred may modify or discontinue any Beta Feature at any time without notice or liability. Participation in a Beta Feature does not create any right to continued access.
GUEST RESPONSIBILITIES.
1. Guest Responsibilities. As a Guest, you are responsible and liable for your own acts, omissions, and representations and are also responsible for the acts, omissions, and representations of anyone you invite into the Home. Guests may not bring firearms or other weapons into a Host’s Home. All Guests and anyone you invite into the Home must follow the policies set forth in our Member Code of Conduct and the Host’s Homeguide. A violation of the Code of Conduct or the Host’s Homeguide constitutes a violation of these Terms, and may result in certain penalties, including Account termination and permanent removal from the Platform. You are responsible for handling and using personal data (including security codes and key locations) of Hosts and others in compliance with applicable privacy laws and these Terms. You should seek legal advice if you have questions about local laws.
2. Trip Confirmation and Fees. When a Guest reserves a stay at a Home through the Platform, the Guest is agreeing to pay to Kindred the service fee specified in the Trip Confirmation (the “Service Fee”), a fee for the cleaning of the Home before the Guest’s arrival date and after the end of the Guest’s stay (the “Cleaning Fee,” together with the Service Fee, the “Trip Fees”), and any applicable taxes. When you receive the confirmation of the trip, you have a confirmed reservation to stay at a Host’s Home (a “Trip Confirmation”). After your receipt of the Trip Confirmation, modification to the Trip Confirmation has to be mutually agreed to by the Guest and the Host, and either person may cancel, but cancellation penalties may apply.
3. Host’s Conditions. Your Trip Confirmation may include a Host’s house rules and other conditions of your stay at the Host’s Home. These house rules and conditions may include when the Home is available, rules of staying in the Home, and arrangements regarding pets and travel companions of the Guest. You acknowledge that the tags a Host provides about their Home (such as tagging accessible features) and other descriptions are to help inform your choice in selecting their Home, however, the decision to stay in a Home, subject to Host approval, is ultimately your choice.
4. Pets, Plants, and Other Personal Undertakings. In advance of a stay, the Host may agree to allow the Guest to bring a pet into a Host’s Home, or the Guest may agree to care for a plant or pet on behalf of the Host. Guests may not bring pets to a Host’s Homes unless the animal(s) is/are expressly approved by the Host in advance. Hosts may leave pets at Home while a Guest is staying there provided the Guest has agreed in advance to care for the animal. The relevant Verified Member’s approval of such arrangements must be documented within Kindred’s communication channels or the Host’s Homeguide. Notwithstanding the above, in no circumstance shall Kindred be responsible for caring for a Verified Member’s pets, plants, or other personal undertakings, and/or be held liable for any injury or damage involving a Verified Member’s pets, plants or other personal undertakings.
5. Travel Companions. A Guest is allowed to let their travel companions stay so long as the travel companion(s) are disclosed when booking the Trip. Kindred may require the full name and email address of any individuals over the age of 18 staying with the Guest. The Host reserves the right to refuse to allow travel companions of the Guest to stay.
6. Parties and Gatherings. Guests may not hold gatherings with 10 or more individuals present at a Host’s Home unless the gathering is disclosed to Kindred and to the Host at least 24 hours before the gathering, and expressly approved by the Host. The Host’s approval must be documented within Kindred’s communication channels. This policy applies to any gatherings day or night, of any nature.
7. Vacating the Home. As a Guest, you must: (i) leave the Home in the same condition as it was in when you arrived; and (ii) vacate the Home at the date and time agreed to in the Trip Confirmation. If you do not vacate the Home on the date and time designated in the Trip Confirmation, the Host may use legal remedies to force you to vacate which could include imposing monetary penalties on you.
8. Assumption of Risk. As a Guest, you acknowledge that: (i) the Host is responsible for providing all information about themselves and their Homes, and Kindred has not verified the accuracy of such information; and (ii) staying at a Host’s Home may result in injuries, losses or damages, including, without limitation, personal injury or death, or damage to real or personal property. Guests assume all risks associated with staying at a Host’s Home, including without limitation all risks arising from or related to stairs, balconies, hot tubs, pools or any other bodies of water, or unsafe conditions on or near Host’s Home; and to the maximum extent permitted by applicable law, waive any claims for said injuries or damages against Kindred.
HOST RESPONSIBILITIES.
1. Host Responsibilities. As a Host, you are responsible and liable for your own acts, omissions, and representations. Hosts are responsible for keeping accurate information on the Platform regarding their Home’s availability. Hosts must follow the policies set forth in the Member Code of Conduct and How to Prep for a Kindred Guest page (included in your welcome materials). A violation of the Code of Conduct shall constitute a violation of these Terms. Violations of the Code of Conduct may result in certain penalties, including Account termination and permanent removal from the Platform.
2. Permission to Stay. As a Host, when you approve a Trip Confirmation request, you are granting the Guest permission to stay at your Home for the agreed-upon period, subject to the house rules and other conditions that you included in your listing of the Home on the Platform.
3. Independence of Hosts. Hosts are not employees, agents, joint venturers, contractors or partners of Kindred. Kindred does not direct or control the Hosts or their Homes, and you agree that you have complete discretion whether and when to provide accommodation at your Home, and whether and what parts of your Home you wish to make private and/or to restrict access.
4. Home Features. Hosts are responsible for the Home profile and any information about the features of their Home, including, but not limited to, information regarding bedroom and bath count, size of beds, number of workstations, WiFi speed, amenities, and more. Your Member profile must include complete and accurate information about your Home, and you must promptly update your listing on the Platform of any changes.
5. Monitoring Devices. To help provide Hosts and Guests with peace of mind, Hosts may have security surveillance devices that monitor the exterior of the Home, provided their presence is disclosed in advance. Recording devices (including cameras, audio devices, smart devices) must be removed or disabled during a Guest’s stay, provided, however, that items like smart speakers (e.g., Amazon Alexa) are permissible as long as they are disclosed to the Guest.
6. Weapons. Hosts’ firearms and weapons must be unloaded, disarmed, and securely stored in a locked container that is inaccessible to Guests, including children. Ammunition shall be stored separately, also in a locked container that is inaccessible to Guests.
7. Insurance. Hosts shall acquire and maintain suitable insurance coverage for themselves, and their property related to Hosts’ decision to make their Homes available for stays by other Verified Members. Kindred includes Hosts as an Additional Insured on its Commercial General Liability Coverage (the “Liability Coverage”). View more information about this Liability Coverage here, including coverage details and exclusions.
8. Legal Compliance. Hosts are responsible for understanding and complying with any applicable laws, rules, regulations, and contracts with third parties (such as your landlord or homeowner’s association) that apply to their Home. Some jurisdictions may require Hosts to register, get a permit, or obtain a license before allowing Guests to stay at their Home. In some places, allowing a Guest to stay at their Home may be prohibited altogether. Some jurisdictions may require that Hosts register with that jurisdiction for the right to host Guests. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. Some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. You must check applicable local rules to learn what rules apply to the stays you intend to offer to Guests. Information Kindred provides regarding legal requirements is for informational purposes only and you should independently confirm your legal obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. You should seek legal advice if you have questions about local laws.
9. Assumption of Risk. Hosts acknowledge and agree that making their Home available to other Verified Members through the Platform may result in injuries, losses or damages, including, without limitation, personal injury or death, or damage to real or personal property. Hosts assume all risks associated with making their Home available to other Verified Members through the Platform, including without limitation all risks arising from or related to the condition and use of the Host’s Home, including without limitation all risks arising from or related to stairs, balconies, hot tubs, pools or any other bodies of water, or unsafe conditions on or near Host’s Home; and to the maximum extent permitted by applicable law, waive any claims for said injuries or damages against Kindred.
KINDRED’S RIGHTS. Kindred reserves the right to change our Services, including to add or remove features and functionalities or change the types of Homes we accept or allow on the Platform, for any reason, including improving or updating our services, preventing abuse, or responding to legal requirements.
FEES. As a Member, you agree to pay Kindred the applicable Trip Fees and Passport Fees, as well as any applicable taxes.
1. General. When we charge you a Trip Fee or Passport Fee (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
2. Nonrefundable Fees. The Service Fee is generally non-refundable, except in certain circumstances set forth in the Cancellation Policy. The Cleaning Fee is generally refundable, except if the Guest cancels a Trip Confirmation within three (3) days before the start of their stay, as further set forth in the Cancellation Policy.
3. Kindred Passport Fees. If you purchase a Kindred Passport subscription, you will be charged an annual fee (“Passport Fee”) and any applicable taxes, at the beginning of your subscription and each anniversary thereafter. You may elect to pay annually or in four quarterly installments. Quarterly payments represent installments of the annual Passport Fee, not a separate quarterly subscription option. By purchasing a Kindred Passport subscription, you authorize Kindred to initiate recurring payments using your provided payment information until you cancel. We (or our payment processor) will automatically charge your payment method each year or quarter on your subscription anniversary. We will send you an automatic renewal reminder with current pricing at least 30 days before your subscription term expires, or as otherwise required by applicable law.
CREDITS.
1. General. Subject to the Cancellation Policy, Verified Members earn one (1) credit for every night a Guest stays at their Home, and use one (1) Credit for each night they stay in another Verified Member’s Home. If Verified Members make a reciprocal swap of their Homes for an equal number of nights, no Credits are used or earned. Credits cannot be purchased.
2. Discretionary Nature. Credits are a voluntary, discretionary benefit of membership in the community and do not constitute property, a vested right, or a guarantee of any particular service or stay. Kindred reserves the right, in its sole discretion, to modify, suspend, or terminate the credit system, or to decline, limit, or revoke the issuance or redemption of Credits at any time, for any reason, with or without notice. The ability to use Credits to request stays at other Verified Members’ Homes is subject to availability, compliance with all applicable rules, and the continued operation of the credit system. No Member acquires any contractual or property right, or is entitled to demand or enforce the provision of any stay or service from Kindred (or any other Member), solely by virtue of holding Credits. Kindred may interpret and apply these rules in its sole discretion.
3. No Value. Credits have no cash value, are non-transferable, and may not be exchanged for money or any other form of compensation. Unused Credits expire and are forfeited upon termination of membership for any reason.
4. Using Credits. Kindred does not impose any requirement or limitation on when a Member must use Credits after earning Credits. Verified Members may use Credits to request stays at any time during their active membership period, subject to availability and compliance with all applicable rules.
5. Credit Pilot Programs. A Beta Feature that involves changes to the credit system is a "Credit Pilot Program" and is subject to this Section in addition to the general Beta Features terms in Section 2(g). Kindred may, as part of a Credit Pilot Program, introduce pilot features that vary from the terms of the credit system set forth in this Section 7. Credit Pilot Programs will not exceed twelve (12) months in duration unless extended with notice to affected Members. Upon termination or expiration, the standard credit terms then in effect will apply, and any Credits earned or used during the Credit Pilot Program will be honored at the values in effect at the time each Credit was earned or used during such program, as applicable. Kindred is under no obligation to make any Credit Pilot Program feature generally available.
CONTENT.
1. Posting Content. Our Services may allow you to store or share content such as photos, images, videos, audio, graphics, files, documents representing you, your Home, Home availability, or text communications with Kindred or others. Anything that you post or otherwise make available on the Platforms is referred to as “User Content”, except that Feedback and any content (such as photos or videos) created or paid for by Kindred are not User Content. Kindred does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
2. Kindred Content. Kindred shall be sole owner of all intellectual property rights, including copyrights, in all content created or paid for by Kindred. Notwithstanding anything to the contrary in this Section 8, Kindred reserves the right to use home photography or videography paid for by Kindred in marketing materials, which may include posting the photos or videos on other internet platforms such as social media sites.
3. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Kindred a non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify (for formatting purposes), create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, providing, and marketing the Services (e.g., using your User Content in social media posts).
4. Reviews. User Content includes reviews that Guests and Hosts may make following a Guest’s stay. Your review must be accurate and may not contain any discriminatory, offensive, or defamatory language. Reviews are not verified by Kindred for accuracy and may be incorrect or misleading.
5. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content made available through the Services, nor any use of your User Content by Kindred on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The information you provide about your Home (such as tags on accessibility, features of your Home, and other descriptions) is intended to help Guests make informed decisions about staying in your Home. Tags such as “family friendly” are intended to assist in matching Hosts and Guests, and making those accommodations more visible to Guests with those needs. As a Host, you have sole discretion whether to approve a Trip request.
6. Removal of User Content. You can remove your User Content or portions thereof by contacting Kindred and requesting to have specific User Content removed, and Kindred will promptly comply with such requests. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. We may without limitation review, disable access to, remove, or edit User Content.
LICENSES.
1. License. If you comply with these Terms, Kindred grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install any Kindred app (“App”) on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Platform; (ii) distribute, transfer, sublicense, lease, lend or rent the Platform to any third party; (iii) reverse engineer, decompile or disassemble the Platform (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Platform available to multiple users through any means.
2. Terms for Apple and Android Users. Apple and Android (each, an “Operating System”) have no obligation to furnish any maintenance and support services with respect to any app provided by Kindred. The Operating System is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Operating System is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the Platform infringe that third party’s intellectual property rights. The Operating System and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, the Operating System will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
PROHIBITED CONDUCT AND KINDRED’S ENFORCEMENT RIGHTS.
1. You agree not to do any of the following:
  1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  2. Discriminate against others (such as declining or cancelling a Trip, imposing different terms, conditions, or house rules) on the basis of any protected characteristic, including race, religion, gender, sex, sexual identity, age, disability, familial status, marital status, ethnicity, nation of origin, sexual orientation, caste, pregnancy (and related medical conditions);
  3. Use, display, mirror or frame the Services or any individual element within the Services, Kindred’s name, any Kindred trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Kindred’s express written consent;
  4. Use the Services or any other data or information related to or obtained via the Services in any manner that is competitive to Kindred, including by way of example only and without limitation, using the Services to meet Members and subsequently engage with such Members outside of the Kindred Platforms to coordinate or arrange stays at Member Homes.
  5. Access, tamper with, or use non-public areas of the Services, Kindred’s computer systems, or the technical delivery systems of Kindred’s third party technology providers;
  6. Attempt to probe, scan or test the vulnerability of any Kindred system or network or breach any security or authentication measures;
  7. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Kindred or any of Kindred’s third party technology providers or any other third party (including another user) to protect the Services;
  8. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Kindred or other generally available third-party web browsers;
  9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  10. Use any meta tags or other hidden text or metadata utilizing a Kindred trademark, logo URL, or product name without Kindred’s express written consent;
  11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  14. Collect or store any personally identifiable information from the Services or from other users of the Services other than in accordance with these Terms;
  15. Impersonate or misrepresent your affiliation with any person or entity;
  16. Violate any applicable law or regulation; or
  17. Encourage or enable any other individual to do any of the foregoing.
2. Enforcement Rights. Kindred is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms or our Code of Conduct. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
3. DMCA/Copyright Policy. Kindred respects copyright law and expects its Members to do the same. It is Kindred’s policy to terminate access to and use of the Services in appropriate circumstances for Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
4. Suspensions or Cancellations.
  
  1. Kindred’s Suspension or Termination. We may suspend or terminate your access to the Services, including your Account or your Kindred Passport subscription in the following situations: (i) you act in violation of these Terms or any applicable law; (ii) you engage in fraud, abuse, or conduct that harms or threatens to harms other users, third parties, or the integrity or security of the Services; or (iii) we are required to do so by law, regulation, or a governmental authority. We may also suspend your access to the Services while we investigate if we reasonably suspect any of the foregoing circumstances. We will provide notice of termination or suspension to the email address associated with your Account, except where immediate termination is necessary to prevent ongoing or future material harm to Kindred or others. If you believe your Account was suspended or terminated in error, you may contact us at [email protected] to request a review.
  1. Cancelling a Kindred Passport. You may cancel your Kindred Passport subscription at any time by emailing [email protected] or by contacting your concierge, provided that you pay all Passport Fees incurred to date. Your cancellation will take effect at the end of your current Kindred Passport subscription period. You will not receive a refund for any portion of Passport Fees already paid.
  2. Deleting your Account. You may request to delete your Account at any time by contacting [email protected] or your concierge, provided that you (a) comply with the Cancellation Policy for any stays; and (b) pay all Trip Fees incurred to date. Deleting your Account will permanently end your access to all Services and cancel any Credits you have accumulated. Any stored data or preferences associated with your Account may be lost. Certain information may be retained as required by law or for legitimate business purposes, as described in our Privacy Policy.
  3. Survival. Upon any termination or suspension of the Services or your Account, the following Sections will survive: 2(e), 3(h), 4(c), 4(h), 4(i), 5, 6 (only for payments due and owing to Kindred prior to the termination), 7, 8(b), 11 - 16, and any other provisions which by their nature should survive. In the event of any suspension or termination of your Account for any reason, you will not attempt to access the Services in any manner, including but not limited to creating or accessing a new or different Account using the same or a different name, contact information, or credentials, without first obtaining our prior written consent to reactivate your Account, in our sole discretion.
WARRANTY DISCLAIMERS. The Services are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade. Further we do not: (i) endorse or warrant the existence, conduct, performance, safety, quality, representations, legality or suitability of any Guest, Host, Member, Home, or listing or their compliance with laws; (ii) warrant the performance or non-interruption of the Services; and (iii) warrant that Kindred’s identity verification procedures will detect or prevent all fraudulent, illegal, or risky activities or correctly evaluate the identity of any individual Members. Any references to a Member or Home being “verified” (or similar language) indicate only that the Member or Home has completed a verification or identification process through Kindred or a third party, and nothing else. Kindred makes no representations or warranties as to the conduct of Members, or the suitability of a Home on the platform. The disclaimers in these terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
INDEMNITY. You agree to indemnify and hold Kindred and its officers, directors, employees and agents, harmless from and against any third party claims, Disputes (defined in Section 15), demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (a) your violation of these Terms; (b) your interaction with any Member or stay at, or hosting of, any accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, or hosting; (c) your User Content including but not limited to reviews, photographs, chat content, and any intellectual property rights contained therein; (d) your violation of any applicable laws, rules, or regulations; or (e) your violation of any third party rights such as intellectual property or privacy rights.
LIMITATION OF LIABILITY.
1. NEITHER KINDRED NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KINDRED OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NEITHER KINDRED NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY DAMAGES FROM PERSONAL INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, OR OTHER SIMILAR HARMS ARISING OUT OF OR IN CONNECTION WITH: (I) COMMUNICATIONS OR INTERACTIONS WITH MEMBERS OR OTHERS YOU INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICES, OR (II) YOUR PARTICIPATION IN HOMESTAYS AS A GUEST OR HOST.
2. IN NO EVENT WILL KINDRED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR INTERACTION WITH MEMBERS, OR FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EXCEED: (I) TO KINDRED PASSPORT HOLDERS: THE AMOUNT YOU PAID FOR YOUR PASSPORT FEE; OR (II) TO ANYONE ELSE: $100.00 (ONE HUNDRED U.S. DOLLARS).
3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KINDRED AND YOU. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
GOVERNING LAW AND FORUM CHOICE. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 (Dispute Resolution) the exclusive jurisdiction for all Disputes (defined in Section 15(b)) that you and Kindred are not required to arbitrate will be the state and federal courts located in San Francisco County, and you and Kindred each waive any objection to jurisdiction and venue in such courts.
ARBITRATION AGREEMENT.
1. Informal Discussions. If you have a Dispute (defined below) with Kindred, you agree to first attempt to resolve the Dispute through good faith informal discussions with us. If the Dispute is not resolved within 30 days, either party may proceed to arbitration as set forth below.
2. Arbitration of Disputes. You and Kindred agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Kindred agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Kindred each waive the right to a trial by jury or to participate in a class action.
3. Exceptions. Notwithstanding the above, either party may: (i) bring an individual claim in small claims court in lieu of arbitration if it is within that court’s jurisdiction; and (ii) seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or enjoin the actual or threatened infringement or misappropriation of intellectual property rights.
4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Unless otherwise required by law or agreed by the parties, any arbitration hearing will be held via videoconference, or if videoconference is unavailable, in San Francisco County, California. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability or formation of this arbitration agreement.
5. Confidentiality. All arbitration proceedings, including all filings, evidence, and awards, shall be confidential, except as required by law or to enforce an arbitration award.
6. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and Kindred will not seek to recover any fees it is responsible for paying, unless the arbitrator finds your Dispute frivolous.
7. Injunctive and Declaratory Relief. Except as provided in the Exceptions section above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If you or Kindred seek public injunctive relief (relief with the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and scope of such relief must be determined by a court, not an arbitrator. Any court proceedings for public injunctive relief shall be stayed pending the outcome of the arbitration.
8. Class Action Waiver. YOU AND KINDRED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of a representative or class proceeding. If this waiver is found unenforceable, the entire arbitration agreement shall be null and void.
9. Severability. Except as provided in the Class Action Waiver above, if any part of this arbitration agreement is found to be invalid or unenforceable, the remaining parts will remain in effect.
10. Opt Out and Changes to Arbitration Agreement. If you are a new user who creates a Kindred Account for the first time on or after the effective date of these Terms, you may opt out of this arbitration agreement by sending an email to [email protected] with the subject line "Arbitration Opt Out" no later than 30 days after first creating your Kindred Account. Your notice must include your full name, mailing address, signature, email address associated with your Kindred Account, and a clear statement that you want to opt out. If you opt out, all other parts of the Terms will continue to apply to you. If Kindred amends this arbitration agreement after the date you last accepted these Terms, you may reject the amendment by sending written notice to the same email address, with the same required information, with the subject line "Arbitration Amendment Rejection" no later than 30 days after the amendment becomes effective. Rejecting an amendment does not revoke or alter your prior consent to any earlier version of this arbitration agreement, which will remain in effect and enforceable as to any Dispute between you and Kindred.
GENERAL TERMS.