Terms of Use Agreement

1. READ THIS: This Terms of Use Agreement (“Agreement”) is made by and between Kindred Medicine, Inc., a California corporation, with offices at 1316 Centinela Ave., Inglewood, CA 90302 (we, our, us or “Kindred”), the successor in interest to the now defunct Heal in Color, Inc., and you the user (you, your or “User”).

This Agreement contains the complete terms and conditions that govern the use of the Kindred websites (“Site”). BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER KINDRED SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE. KINDRED RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT OUR SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THIS SITE AND THIS AGREEMENT. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO: https://www.kindredmedicine.com/terms-conditions/.

2. ACCESS TO THIS SITE. To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Kindred believes the information you provide is not correct, current, or complete, Kindred has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.

3. APPLICABLE USE OF SITE. You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the Site, you warrant to Kindred that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement, conditions, and notices.

4. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand, or frame any Kindred websites without the express prior written permission of an authorized representative of Kindred. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of this Agreement, “framing” refers to displaying any Kindred webpage within a bordered area of another website, regardless of whether the address of the originating Kindred website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from Kindred.

5. NO UNLAWFUL ACCESS. In addition, you agree that you will not use Site in any manner that could in any way disable, overburden, damage, or impair the websites or otherwise interfere with any other party’s use and enjoyment of the Site. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Site.

6. USE LIMITATION. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Site.

7. USE OF COMMUNICATION SERVICES. The Site may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:

(a) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws, rights of privacy, rights of publicity, or other proprietary right of any party;

(b) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible posted (e.g., copyright, trademark or patent notices);

(c) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;

(d) is vulgar, obscene, pornographic, or indecent;

(e) threatens or abuses others;

(f) is libelous or defamatory towards others;

(g) is racist, abusive, harassing, threatening, unlawful, threatening, deceptive, fraudulent, tortious, offensive, or includes graphic descriptions of sexual or violent content;

(h) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(i) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

(j) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

(k) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

(l) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;

(m) solicits funds, advertisers or sponsors for any purpose;

(n) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device, or allows you to obtain unauthorized access to any data or other information of any third party;

(o) breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;

(p) the use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited;

(q) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in realtime activities via this Site;

(r) consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, anything amounting to a pyramid or other like scheme, contests, and surveys;

(s) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or

(t) contains hyperlinks to other sites that contain content that falls within the scope of this Section 7.

You acknowledge that any materials uploaded to the Communication Service may be subject to limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, and any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Kindred nor any third party that provides Content to Kindred will assume or have any liability for any action made by Kindred or such third party with respect to any submission.

8. PROPRIETARY INFORMATION. All content found on the Sites (the “Content”) is considered the copyrighted and trademarked intellectual property of Kindred, or of the party that created and/ or licensed the Content to us. No rights or title to any of the works contained on the Site shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without our prior written consent, except that you may print out and/or save a copy of the Content for personal use. Neither we nor our affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

9. SUBMISSIONS. You hereby grant to Kindred a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Kindred through this Site, or to us, whether by email or other means, for any reason (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. All communications sent by you to us will be treated as non-confidential and nonPage 3 of 11 proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you. You agree that Kindred will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Kindred operations or business.

10. HYPERLINKING. This site may be hyperlinked to and by other websites, products or services made available by unaffiliated third parties which are not maintained by, or related to, Kindred. Hyperlinks to such sites are provided as a service to you and are not, unless indicated otherwise, sponsored by, endorsed or otherwise affiliated with this Site or Kindred. Kindred has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Kindred website to another web page should be accessed at the User’s own risk. Kindred makes no representations or warranties about the content, completeness, quality or accuracy of any such website.

11. PROMOTIONS. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

12. EMAIL SERVICES & DATA STORED ON OUR SERVERS. We may make email services available to users of our site, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your supplied email account.

If you opt to store personal data of any kind on our servers, you understand and agree that we may limit, without prior notice, use of the Services, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee (if applicable), that remain inactive for longer than one hundred and eighty (180) days, or in cases where you have violated one or more terms of this Agreement.

13. RIGHT TO TERMINATE ACCESS. Kindred reserves the right to monitor use of this Site to determine compliance with this Agreement, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. Kindred reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Your liability to abide by the terms of this Agreement, including the liability for any unpaid fees, shall survive the termination of your access to any and all of the Communication Services.

14. DISCLOSURE UNDER LAW. Kindred reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

15. PERSONALLY IDENTIFIABLE INFORMATION. Kindred cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Kindred agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its privacy policy at https://www.kindredmedicine.com/privacy-policy/.

16. SERVICES OFFERED BY PRACTITIONERS DISPLAYED ON THE SITE. Kindred cannot guarantee the availability of any service provider at any particular time. We are not a party to the dealings between you and any service provider, including posts, email, phone, text message, or other communication, proposals, screening, selection, contracting, and provision of services. You are strongly advised to perform your own investigation prior to contacting and selecting a service provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a service provider by confirming with the practitioner’s office, your current mental health therapist, and/or the state mental health licensing board. Kindred does not direct, has no control over, makes no representations, and does not guarantee the quality, safety, timeliness, or legality of services; the ability of service provider to deliver services; your ability to pay for services; or that you and a service provider can or will complete a transaction, appointment, or engagement.

17. DISCLAIMER & LIMITATIONS ON LIABILITY. Kindred neither endorses nor assumes any liability for any material uploaded or submitted by Users on any part of the Site. Although Kindred does not pre-screen, police or monitor comments posted on the Site, Kindred and our agents reserve the right to remove any and all postings that we feel do not comply with this Agreement and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Site.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OFFERINGS OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, OFFERINGS OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT, OFFERINGS OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT, OFFERINGS OR SERVICES CONTAINED ON THE SITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT, PRODUCTS OR SERVICES AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT, PRODUCTS OR SERVICES. THE USE OF THE SERVICES AND OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTION EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

KINDRED, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KINDRED AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

18. INDEMNITY. You agree to indemnify and hold Kindred, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the Indemnified Parties) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

YOU WAIVE ALL RIGHTS AND AGREE TO HOLD KINDRED HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KINDRED DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KINDRED OR LAW ENFORCEMENT AUTHORITIES.

19. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kindred’s copyright agent the written information specified below. In instances where we are notified of alleged infringement through our Designated Copyright Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. Please note that this procedure is exclusively for notifying Kindred and its affiliates that your copyrighted material has been infringed. Please include the following:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:

• Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc;

• A description of where the material that you claim is infringing is located on the site, including the current website address;

• Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address) and Your address, telephone number, and email address if acting on behalf of the right’s holder;

• A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Kindred’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Designated Copyright Agent: Kindred Medicine Inc.

Attn: Copyright Agent

1316 Centinela Ave.

Inglewood, CA 90302

heal@kindredmedicine.com

20. SECURITY. Any passwords used for this Site are for individual use only. You will be responsible for the security of your passwords. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the site with their UserID and password. From time to time, we may require that you change your password. If you become involved in any violation of system security, we reserve the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of this Agreement.

21. PAYMENT. If you choose to purchase one or more of the services or products provided by the site (“Offering”(s)), you agree to pay all fees associated with the Offerings. As an Offering we provide different categories of Site membership. Certain categories of site membership, for example, without limitation, service provider membership, incurs a fee. Fees are non-refundable and charged in advance of the service period. In the event you choose an Offering that is ongoing and incurs reoccurring fees (such as a subscription), such fees will be billed in advance of the Offering. The fee will be charged every billing period unless the membership is cancelled 3 days prior to the payment due date. No pro-rated refunds will be given to memberships cancelled before the end of their subscription term. You authorize the debit of your submitted payment source so that the funds arrive as close as reasonably possible to the payment due date.

Payment Processing. This site does not process credit cards, or take other payment processing information. Payment processing is handled through third-party services. If, for any reason, your payment source declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. If legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Payee Identification. You authorize Kindred to rely on your UserID and password to identify you when you use certain portions of the Site, and as signature authorization for any payment after your UserID and password have been entered. You also acknowledge and agree that if you permit another person or persons to use your UserID and/or password, you are responsible for any payment that person makes to your account, even if the person exceeds your authorization. You agree that Kindred may comply with the Payment Instructions entered by any person using your UserID and Password.

INSUFFICIENT FUNDS. You must have sufficient available funds accessible through your saved payment source on the payment due date. Should a payment fail because of insufficient funds in your payment account, an amount equal to the returned payment fee, if any, will be applied to your balance due. If your Payment account is thirty (30) days or more past due we may hire a third-party collection agency or attorney to collect the balance due. In the third party or legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

23. INCORRECT PAYMENTS. If we debit or cause your payment source to be debited incorrectly, we will be responsible for returning improperly debited funds resulting from transactions occurring in the three (3) previous calendar months. If we make an error in debiting your account we will be liable for only the actual charges incurred within seven (7) calendar days of the error which directly result from the error, or to the extent required by applicable law. However, Kindred will not be liable in the following situations: (a) You did not properly follow the provisions of this Agreement, the online instructions for the Services, or other instructions for making a payment; (b) Through no fault of ours, you have insufficient funds to make a payment; (c) Your computer, the software, phone lines, our computer system or the Services were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Services of the malfunction before you executed the payment; (d) Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters; (e) Either we or you have terminated your access to Services or closed your account; (f) You have supplied your login information to another party; or (g) For any other reason specified in this Agreement or any other agreement Kindred has with you.

24. CANCELLING/MODIFYING PENDING BILL PAYMENTS. The delete/edit function applies to payments that are pending. There is no charge for cancelling or modifying a pending bill payment. In most circumstances, you may stop a pending bill payment 3 business days before the payment due date. Other than as described above, you may not stop or edit a bill payment.

25. DISCLOSURE OF ACCOUNT INFORMATION. Kindred will not disclose any information to third parties about you, except in the situations described below or as otherwise set forth in Kindred’s Privacy Policy located at https://www.kindredmedicine.com/privacy-policy/ . We will disclose such information:

(a) where disclosure is necessary for completing payments, or to resolve a problem related to a payment;

(b) to persons authorized by law in the course of their official duties; (c) to comply with a government agency or court order, such as a lawful subpoena;

(d) to our employees, auditors, service providers, attorneys or collection agents in the course of their duties; or

(e) in order to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement;

(f) if you give us written permission (including by email).

26. MISCELLANEOUS.

(a) This Agreement will be governed and interpreted pursuant to the laws of California, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Kindred arising out of this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Los Angeles, California metropolitan area.

(b) If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kindred as a result of this agreement or use of the Site.

(c) You may not assign this Agreement, in whole or in part, or delegate any of your responsibilities or rights hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Kindred unless acknowledge by Kindred in writing. We have no obligation to provide you with written acknowledgment. We may, at any time and in its sole discretion, assign this Agreement, in whole or in part, or delegate any of our rights and responsibilities under this Agreement to any third party or entity.

(d) Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products or services purchased over the Internet. Any offer for any product, Service, Offering, and/or information made in connection with this Site is void where prohibited.

(e) All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Legal Notice at heal@kindredmedicine.com, if by email, or to our address at 1316 Centinela Ave., Inglewood, CA 90302, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

Kindred will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Kindred, do not respond to the email and notify Kindred by forwarding the email to heal@kindredmedicine.com. You also agree that Kindred may respond to any communication you send to Kindred with an electronic communication, regardless of whether your original communication with Kindred was an electronic communication.

(f) In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

(g) If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

(h) Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.

(i) This Agreement and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This Agreement may NOT be altered, supplemented, or amended by the use of any other document. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

RIGHTS RESERVED. All rights not expressly granted are reserved to Kindred.