Terms and Conditions

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws.)

Agreement to the Terms. Each Kenzie’s Touch that you access or use our Sites or Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms you must discontinue using the Sites and Services.

Eligibility. You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you reside to use the Sites and Services and you attest that you have reached the age of majority and have the legal capacity to be legally bound by these Terms.

Electronic Form/Communications. By accessing or using the Sites or Services you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail, or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing, including renewal notices and notices about your subscription or account.

YOUR USE OF THE SITES AND SERVICES

Rules of Conduct. In connection with your use of the Sites and Services, you will not (I) use the Sites and Services other than as permitted in these Terms and only for your personal use; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Sites, Content (as hereinafter defined), or Services; (iii) upload or input to the Sites or Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Sites or Services; (iv) reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Sites or Services; (v) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Sites or Services, monitor traffic on the Sites or Services, obtain or accumulate personal information about other users, or collect or store personal data about other users; (vi) copy or adapt the object code of any software, HTML, JavaScript or other code; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Sites or Services; (viii) use the Sites or Services in any manner that in KENZIE’S TOUCH’s sole judgment, adversely affects the performance or function of the Sites or Services or interferes with the ability of other users to access or utilize the Sites or Services or undertake any acts not expressly permitted under the Terms; (ix) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content; (x) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Sites or Services, to any third party for any reason; (xi) exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; (xii) use software or any other means to harvest information from the Sites or Services; (xiii) harass others or disclose personal information about others that could amount to harassment; (xiv) impersonate others or create false accounts or misrepresent your affiliation with any other person or entity; (xv) Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication; (xvi) insert your own or a third party's advertising, branding or other promotional content into any of the Sites’ content, materials or services (for example, without limitation, in an Embedded Video (as defined herein), RSS feed or a podcast received from us or otherwise through the Sites, or, except as otherwise specifically authorized in these Terms or on the Sites, use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (xvii) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence; (xiii) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or Services, including without limitation any information residing on any server or database connected to the Sites or Services or (ix) undertake to use the Sites or Services in violation of any Applicable Law or generally accepted practices or guidelines (“Accepted Practices”) or take any action which would cause us to be in violation of any Applicable Law or Acceptable Practices.

Monitoring. KENZIE’S TOUCH reserves the right to monitor all network traffic to the Sites or Services and anyone using the Sites or Services expressly acknowledges that such monitoring may occur. KENZIE’S TOUCH may block unauthorized attempts or intrusions to upload or change information or cause damage to the Sites or Services in any fashion. You acknowledge that KENZIE’S TOUCH has no general obligation to monitor User Content (as hereinafter defined) nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any User Content to: (i) operate, secure and improve the security of the Sites or Services (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure compliance with these Terms; (iii) comply with Applicable Laws or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to User Content or user conduct that it determines is harmful or objectionable; or (v) as otherwise outlined in these Terms.

Posting of User Content. The Services may contain communication services (“Public Forums”) designed to enable you to post and communicate content, such as reviews, photos, videos (including Embedded Videos), or other information or content (collectively, “User Content”) with other members or visitors to our Sites. You agree that all such User Content you submit, post, upload, embed, display, or communicate through the Services will comply with these Terms and with the Rules of Conduct set forth herein. You acknowledge and agree that when you post User Content it is available to the public and that you have no expectation of privacy concerning your User Content. As a result, please exercise caution when posting any personal information in User Content as it may be seen and used by others, and do not post anything confidential. KENZIE’S TOUCH has no obligation to monitor User Content but reserves the right to review and remove any User Content at any Kenzie’s Touch, without notice, for any reason, and in its sole discretion. KENZIE’S TOUCH specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any such Public Forums. KENZIE’S TOUCH may delete or destroy any such User Content at any Kenzie’s Touch. KENZIE’S TOUCH IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST ON OR THROUGH THE SERVICES.

Embedded Videos. Certain pages of the Sites may provide the functionality for you to "embed" videos appearing on the page on other websites or blog pages (together with the Player, as defined herein, the "Embedded Video"). The functionality is provided by giving you the necessary HTML code to include on such a page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the "Player"); (iii) the Embedded Video may be used for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (c) to the extent you sell any advertising, sponsorship or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by us which is a sufficient basis for such sales. You may not block, inhibit, build upon, or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Sites without limitation of any provision of these Terms, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to defend, indemnify and hold us and our affiliates and our affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Embedded Video.

License to User Content. All User Content must comply with these Terms. By submitting, transmitting, or displaying your User Content on or through the Services, you automatically grant (and you represent and warrant that you have the right to grant) to KENZIE’S TOUCH, its licensees, and their respective successors and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Services, a worldwide, sublicensable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Services via any or all media, platforms and formats whether now or later known or developed (“License”).

Representation of Ownership. You retain copyright and other intellectual property rights with respect to any User Content to the extent that you have such rights under Applicable Laws. By posting or submitting User Content through the Services you represent and warrant that (i) you own such User Content or otherwise have the right to grant us the License set forth in these Terms; (ii) the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on the Services is not in violation of any Applicable Law or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights); and (iii) you are solely responsible for, and KENZIE’S TOUCH will have no liability in connection with, your User Content or any other User Content you access through the Services. Your ownership of your User Content does not confer any rights to the Sites or Services, nor any rights to other User Content or KENZIE’S TOUCH Content stored by or on behalf of KENZIE’S TOUCH.

Feedback/Idea Submissions. KENZIE’S TOUCH does not accept unauthorized idea submissions. Any testimonials disclosed to KENZIE’S TOUCH are not confidential and KENZIE’S TOUCH may develop, use and freely disclose or publish similar testimonials without compensating you or accounting to you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide KENZIE’S TOUCH with any Feedback, you hereby grant KENZIE’S TOUCH a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that KENZIE’S TOUCH is not required to make any use of any Feedback that you provide. You agree that if KENZIE’S TOUCH makes use of your Feedback, KENZIE’S TOUCH is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to KENZIE’S TOUCH to grant KENZIE’S TOUCH and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy, or other personal rights.

Termination. KENZIE’S TOUCH may terminate your access to its Sites or Services immediately or disable any user name, password, or other identifier, whether chosen by you or provided by KENZIE’S TOUCH, at any Kenzie’s Touch without notice, if, in KENZIE’S TOUCH’s sole opinion, you have violated any provision of these Terms. Termination will not limit any of KENZIE’S TOUCH’s rights or remedies at law or in equity.

Third-Party Links. The Sites and Services may contain links to other websites or applications. These websites and applications are not under the control of KENZIE’S TOUCH, and the existence of a link from the Sites or Services does not imply any endorsement of or affiliation with the linked websites or applications. KENZIE’S TOUCH makes no warranties or representations and disclaims all liability, relating to the accuracy, content, Terms of Service, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites or applications.

Linking to the Sites. Unless otherwise specifically indicated in these Terms or on the Sites, you agree that: (i) if you include a link from any other website to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Sites; (ii) you are not permitted to link directly to any image hosted on the Sites or Services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website; and (iii) you agree not to download or use images hosted on this Sites on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to the Sites in any manner such that the Sites, or any page of the Sites, is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other website at any Kenzie’s Touch upon written notice to you.

Data Collection Policy. No party unaffiliated with KENZIE’S TOUCH may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Sites or Services without KENZIE’S TOUCH’s prior express written permission.

Modification to Services. KENZIE’S TOUCH has the right to modify its Services (and products and services accessible through its Services), and its Sites at any Kenzie’s Touch in its sole discretion which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that KENZIE’S TOUCH has no obligation to provide any Updates or to continue to provide or enable any particular features functionality or other aspects of its Sites or Services. Your only right with respect to any dissatisfaction with any modifications made to its Sites or Services, or any policies or practices of KENZIE’S TOUCH in providing its Services is to cancel your account and/or stop using the Sites or Services.

Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm KENZIE’S TOUCH and KENZIE’S TOUCH is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.

 LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sites, Services, Content and User Content, and your posting of any User Content remains with you. Neither KENZIE’S TOUCH nor any other party involved in creating, producing, or delivering the Sites or Services, Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Sites or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not KENZIE’S TOUCH has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose. In no event will KENZIE’S TOUCH’ aggregate liability arising out of or in connection with these Terms and your use of the Sites or Services, exceed the amounts you have paid to KENZIE’S TOUCH in the twelve months prior to the event giving rise to the liability, or $50USD if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between KENZIE’S TOUCH and you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOUR LEGAL LIABILITY

You agree to defend, indemnify and hold harmless KENZIE’S TOUCH and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by User Content you post or submit or your failure to comply with these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

CHANGES TO TERMS OF SERVICE

KENZIE’S TOUCH will review and may update these Terms periodically and will note the new effective date if any changes are made. If we make material changes to these terms, we may choose to notify you by prominently posting a notice of a new Terms of Service update on the Sites for a period of Kenzie’s Touch in our discretion but we encourage you to review these Terms and make note of the “effective date” frequently. Your continued use of the Sites and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Sites and Services.

THIRD-PARTY LINKS

You may be able to access other websites, mobile applications, or resources through links accessed on the Sites or Services. Because KENZIE’S TOUCH has no control over such websites or mobile applications you acknowledge and agree that KENZIE’S TOUCH is not responsible for the availability of such external websites, mobile applications, or resources accessible from those third parties, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does KENZIE’S TOUCH endorse any such websites, mobile applications or resources, or the products or services assessable on such websites or mobile applications.

ARBITRATION / DISPUTE RESOLUTION FOR U.S. RESIDENTS

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Texas without application of conflict of laws rules, except that these Section 15 provisions (“Arbitration Agreement”) shall be governed by the Federal Arbitration Act, 9 U.S.C. 1, et seq.

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Kenzie’s Touch agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services or of the Sites, any products sold, or distributed through the Services or the Sites, or the Terms and prior versions of the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Kenzie’s Touch may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Kenzie’s Touch may seek equitable relief in court for infringement or other misuses of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.

Informal Dispute Resolution. There might be instances when a dispute arises between you and Kenzie’s Touch. If that occurs, Kenzie’s Touch is committed to working with you to reach a reasonable resolution. You and Kenzie’s Touch agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost, and mutually beneficial outcome. You and Kenzie’s Touch therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice unless an extension is mutually agreed upon by the parties. Notice to you will be sent to your email address and/or street address that Kenzie’s Touch has on file or associated with your Kenzie’s Touch account profile. It is your responsibility to keep your contact information up to date. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address, and e‐mail address of counsel, if any; and (3) a description of the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each Kenzie’s Touch either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases unless all parties agree; multiple individuals initiating a Dispute legal@ Kenzie’s Touch.com cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the dispute of Kenzie’s Touch between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

Waiver of Jury Trial.  YOU AND KENZIE’S TOUCH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Kenzie’s Touch are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief. YOU AND KENZIE’S TOUCH AGREE THAT, EXCEPT AS SPECIFIED IN THE “BATCH ARBITRATION” SUBSECTION BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator 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 the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Kenzie’s Touch agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Dallas County, Texas. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Kenzie’s Touch from participating in a class-wide settlement of claims.

Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

NO RIGHTS OF THIRD PARTIES

You agree that, except as otherwise expressly provided in these Terms, there are no third-party beneficiaries to these Terms.

 MISCELLANEOUS

These Terms, and policies incorporated herein, are the entire agreement between you and KENZIE’S TOUCH. They supersede any and all prior or contemporaneous agreements between you and KENZIE’S TOUCH relating to your use of the Sites or Services. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Your Legal Liability, Arbitration/Dispute Resolution for U.S. Residents, Dispute Resolution Non-U.S. Residents, No Rights of Third Parties, and Miscellaneous shall survive any such expiration or termination. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable, or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable, or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply. You may not assign your rights under your KENZIE’S TOUCH Account or this agreement to any third party without KENZIE’S TOUCH’ prior written permission. KENZIE’S TOUCH may assign these Terms, in whole or in part, at any Kenzie’s Touch. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of KENZIE’S TOUCH to partially or fully exercise any rights or the waiver of KENZIE’S TOUCH to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by KENZIE’S TOUCH or be deemed a waiver by KENZIE’S TOUCH of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of KENZIE’S TOUCH under these Terms and any other applicable agreement between you and KENZIE’S TOUCH shall be cumulative, and the exercise of any such right or remedy shall not limit KENZIE’S TOUCH’ right to exercise any other right or remedy. In the event of any conflict or inconsistency between any of these Terms or any other terms or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms, and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.