Terms of Service
Effective Date: June 19, 2026. Last Updated: June 19, 2026. Version 1.0.
These Terms of Service ("Terms") govern your access to and use of the online marketplace operated under the brand "Kyle's Project" (the "Platform," and "Kyle's Project," "we," "us," or "our"). The Platform connects users who wish to rent trailers, tools, and equipment, and users who wish to arrange the transport of items, with independent third parties who supply those rentals and transport services.
By creating an account, accessing the Platform, or using any of its features, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.
PLEASE READ THESE TERMS CAREFULLY. Section 13 (Disclaimer of Warranties) and Section 14 (Limitation of Liability) limit our liability to you, Section 15 (Indemnification) requires you to indemnify us in certain circumstances, Section 16 (Release) releases us from disputes between users, and Section 19 (Dispute Resolution) requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action. Section 19 includes an arbitration opt-out right that you may exercise within 30 days.
1. Acceptance and Eligibility
These Terms form a binding agreement between you and Kyle's Project. By using the Platform, you represent that you have read, understood, and agree to be bound by these Terms and by any additional policies referenced in them.
You must be at least 18 years old and able to form a legally binding contract to use the Platform. By using the Platform, you represent and warrant that you meet these requirements. The Platform is not directed to, and is not intended for use by, anyone under 18, and we do not knowingly collect personal data from children. If you believe a person under 18 has provided us personal data, please contact us at kyle@clearfieldholdings.com.
You further represent and warrant that you are not located in, and are not a national or resident of, any country or region subject to a comprehensive United States embargo or sanctions, and that you are not identified on any United States government list of restricted or prohibited parties.
The Platform is currently offered as a private, invitation-only service. Access may be restricted, conditioned, or revoked at our discretion. We may modify, suspend, or discontinue any part of the Platform at any time as described in Section 18 (Term and Termination).
2. The Platform as a Neutral Venue
Kyle's Project provides an online venue that connects users with one another and processes payment for the transactions they arrange. We offer two types of connections: (a) Rentals, in which a user who lists an item for rent (an "Owner") makes trailers, tools, and equipment available for others to rent; and (b) Hauling, in which a user who requests transport of an item (in either case, a "Renter") is matched with an independent operator who fulfills hauling requests (a "Hauler"). The term "Renter" refers to any user who rents an item from an Owner or who requests hauling from a Hauler.
Kyle's Project is not a party to any rental or hauling transaction arranged through the Platform. We do not own, supply, inspect, deliver, store, transport, or take custody of any trailer, tool, equipment, vehicle, or item. We are not a rental company, a carrier, a freight broker acting as principal, a transportation provider, or an insurer, and we do not provide insurance of any kind.
All rental and hauling agreements are formed directly between the users involved. The Owner of an item or the Hauler performing transport is solely responsible for the condition, legality, safety, quality, and performance of what is offered, and the Renter is solely responsible for the lawful and proper use of what is rented or transported. Kyle's Project does not control and is not responsible for the conduct, statements, listings, or performance of any user.
Any verification, screening, or review we perform is limited in scope and does not constitute a guarantee or endorsement of any user, item, listing, or transaction. We do not independently confirm the accuracy of information that users provide. You are responsible for exercising your own judgment before entering into any transaction with another user.
3. Accounts and Authentication
To use the Platform you must create an account. You may hold only one account, and you agree to provide accurate and current information and to keep it up to date.
Authentication is passwordless. We sign you in using a one-time code sent to your account email address. We do not set, store, or require a password. You are responsible for maintaining access to and the security of your email account, and for all activity that occurs under your account. Notify us promptly at kyle@clearfieldholdings.com if you believe your account has been accessed without authorization.
You may delete your account at any time through the Platform. Deletion is subject to the data retention practices described in Section 17 (Data Retention and Your Choices) and does not relieve you of obligations arising from transactions entered into before deletion.
4. Renter Obligations
When you rent an item from an Owner or request hauling from a Hauler, you agree to provide accurate request information, to use any rented item only for lawful purposes and in a safe and proper manner, and to return rented items to the Owner in the condition in which they were received, ordinary wear and tear excepted.
You are responsible for confirming that you are legally permitted and properly equipped to tow, operate, transport, or use any item, and for complying with all applicable laws, including licensing, registration, weight, and road-use requirements. You are responsible for maintaining any insurance appropriate to your use. A security deposit, where applicable, is not insurance and does not limit your responsibility for loss or damage.
5. Hauler Obligations
Haulers are independent operators. They are not employees, agents, partners, or joint venturers of Kyle's Project, and nothing in these Terms creates an employment or agency relationship. Each Hauler is solely responsible for the manner and means of performing any job.
To accept hauling jobs, a Hauler must hold valid commercial auto and trailer insurance and keep current proof of that coverage on file with the Platform. A Hauler may accept only jobs that the Hauler can legally and safely complete with the equipment registered on the Hauler's account, and must comply with all applicable laws and safety requirements.
Haulers must not solicit off-platform business from any user they meet through the Platform, and must not circumvent the Platform to arrange or complete transactions outside of it.
Kyle's Project collects Hauler insurance certificates and related information for record-keeping purposes only. We do not independently verify, monitor, or guarantee the existence, validity, currency, scope, or adequacy of any Hauler's insurance, and our possession of a certificate (whether current or expired) is not an endorsement, assurance, or representation that coverage is in force. The obligation to obtain and maintain valid, current coverage rests solely with the Hauler. This disclaimer supplements the limited-screening statement in Section 2 and the disclaimers in Section 13.
6. Payments and the Platform Fee
All payments and payouts for transactions arranged through the Platform are processed by Stripe, our third-party payment processor. By using the Platform, you also agree to Stripe's applicable terms. Owners and Haulers, as payees, must additionally review, accept, and comply with the Stripe Connected Account Agreement and the Stripe Services Agreement (each available at stripe.com/legal) as a condition of receiving payouts. Kyle's Project never receives or stores your full card number.
For each paid booking or hauling job, the Platform charges a fee equal to 8% of the transaction amount, subject to a minimum fee of $3 (the "Platform Fee"). The Platform Fee is calculated on the booking or job amount only and excludes any itemized tax and any security deposit. Renters pay no separate booking or payment-processing fee. The Owner of a rented item or the Hauler who completes a job receives the agreed amount minus the Platform Fee after the booking or job completes.
To receive payouts, Owners and Haulers must complete Stripe's identity and bank verification. When the Platform is operating with live payment processing, Stripe payouts typically take 2 to 7 business days to reach the recipient after a booking or job completes, although timing is determined by Stripe and the recipient's financial institution and is not guaranteed by us.
All transactions must be booked and paid through the Platform. Off-platform arrangements, cash deals, and any other attempt to circumvent the Platform or its fees are prohibited and may result in suspension or termination of your account under Section 18.
How the Platform Fee is treated on refunds is governed by Section 9 (Cancellation and Refund Policy).
7. Taxes
Where applicable sales or rental tax applies to a transaction, that tax is itemized at checkout and collected at the time of payment. Except for tax we expressly itemize and collect at checkout, you are responsible for determining and paying any taxes that apply to your use of the Platform or to amounts you receive through it. Owners and Haulers are responsible for their own income and self-employment tax obligations arising from their activity on the Platform.
8. Security Deposits
An Owner may set an optional, refundable security deposit on a rental. Where a deposit applies, it is charged together with the booking and is held by the Platform. A security deposit is never paid out to the Owner as a matter of course, is held in a manner consistent with Stripe's terms, is not held in trust for any user, and does not bear interest for any user.
If the item is returned without a damage claim, the deposit is refunded to the Renter. If the Owner files a damage claim, the Renter is given an opportunity to respond. We may, but are not obligated to, review the submissions of the parties, and we may release all or part of the deposit to the Owner, refund all or part to the Renter, hold the funds pending resolution between the parties, or interplead or otherwise deal with the funds as permitted by law. In administering the release of held funds, Kyle's Project acts solely to apply these Terms to the disposition of the held funds and does not adjudicate the underlying dispute or determine the parties' legal rights, fault, or liability.
Our decision regarding the release of held deposit funds is final as between you and Kyle's Project for the purpose of releasing those funds, but it does not resolve, limit, or waive either party's separate rights and remedies against the other outside the Platform. To the fullest extent permitted by law, Kyle's Project is not liable to any user for any decision to release, refund, or hold deposit funds absent our gross negligence or willful misconduct, and you release Kyle's Project from any claim arising out of or relating to the handling or disposition of a security deposit, as further provided in Section 16 (Release).
A security deposit is not insurance and does not replace, reduce, or satisfy any insurance that either party should maintain. It does not cap a Renter's responsibility for loss or damage that exceeds the deposit amount.
9. Cancellation and Refund Policy
The following policy applies to confirmed, paid transactions. An open or matched request that has not yet been confirmed may be cancelled at no charge.
If a Renter cancels a confirmed, paid rental: 48 hours or more before the scheduled pickup, the Renter receives a full refund of the rental amount; between 24 and 48 hours before the scheduled pickup, the Renter receives a 50% refund of the rental amount; less than 24 hours before the scheduled pickup, the Renter receives no refund of the rental amount.
If an Owner or a Hauler cancels a confirmed, paid transaction, the Renter receives a full refund of the amount paid for that transaction.
In every cancellation, any security deposit charged on the transaction is refunded to the Renter in full.
The Platform Fee follows the amount to which it relates. Where a transaction amount is refunded in full, no Platform Fee is retained on that transaction. Where only part of the rental amount is refunded (for example, on a 50% Renter cancellation), the Platform Fee is recalculated on, and retained only against, the portion of the rental amount that the recipient is entitled to keep, subject to the $3 minimum where any amount remains payable to the recipient. The Platform Fee is not charged against, and the $3 minimum does not apply to, any refunded portion or to any refunded security deposit.
10. User Content and License
"User Content" means the content you submit to the Platform, including listing and request details, photos, descriptions, prices, pickup and delivery information, dates, ratings and reviews, verification materials, and messages you send to other users.
You retain ownership of your User Content. You grant Kyle's Project a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute your User Content solely as needed to operate, provide, secure, and improve the Platform and to complete the transactions you arrange, including sharing relevant content with the counterparty to a booking or job. This license ends when your User Content is deleted from our active systems, except for content retained as permitted under Section 17 or as required by law, and except for copies you have already shared with another user.
You represent that you own or have the necessary rights to the User Content you submit, that it is accurate, and that it does not infringe the rights of any third party or violate any law. We may remove User Content that violates these Terms.
11. Reviews
After a transaction completes, the parties may leave two-sided star ratings and written comments about one another. Reviews must be honest and based on the actual transaction. You may not post reviews that are false, harassing, defamatory, off-topic, or submitted in exchange for compensation. We may remove reviews that are harassing, defamatory, off-topic, or that otherwise violate these standards, but we are not obligated to monitor or verify reviews and are not responsible for their content.
12. Prohibited Uses
You agree not to use the Platform to do any of the following, and not to assist or permit others to do so:
- Violate any applicable law or regulation, or facilitate any illegal activity.
- Create more than one account, impersonate another person, or provide false, misleading, or inaccurate information.
- Arrange, complete, or solicit transactions off-platform, or otherwise circumvent the Platform or the Platform Fee, including cash deals between users introduced through the Platform.
- List, rent, transport, or request the transport of anything you are not legally entitled to offer, use, or move, or that you cannot handle legally and safely with the equipment registered to your account.
- Post content that is fraudulent, infringing, defamatory, harassing, obscene, or otherwise harmful.
- Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Platform, its security, or other users' accounts, or use any automated means to access or scrape the Platform without our permission.
- Use the Platform to send unsolicited commercial messages, or to collect or use other users' information for any purpose other than completing a transaction.
- Violation of any of the above prohibitions may result in removal of content, suspension, or termination of your account under Section 18 (Term and Termination), in addition to any other remedy available to us.
13. Disclaimer of Warranties
The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Kyle's Project disclaims all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from a course of dealing or usage of trade.
Kyle's Project does not warrant that the Platform will be uninterrupted, secure, or error-free, that defects will be corrected, or that any information on the Platform is accurate or complete. Because we are only a venue and not a party to transactions, we make no warranty regarding any user, item, listing, rental, or hauling job, including the condition, safety, legality, quality, or suitability of any item, the existence or adequacy of any insurance, or the conduct or reliability of any user. You use the Platform and enter into transactions at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
14. Limitation of Liability
To the fullest extent permitted by law, Kyle's Project and its members, managers, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or property arising out of or relating to your use of the Platform or any transaction arranged through it, whether based in contract, tort, or any other theory, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, the total aggregate liability of Kyle's Project arising out of or relating to these Terms or the Platform will not exceed the greater of (a) the total Platform Fees you paid to us in the three months immediately before the event giving rise to the claim, or (b) one hundred dollars ($100).
The exclusions and limitations in this Section do not apply to liability for death or personal injury caused by Kyle's Project's own negligence, or to liability arising from Kyle's Project's own gross negligence, willful misconduct, or fraud, in each case to the extent such liability cannot lawfully be limited or excluded.
Because Kyle's Project is not a party to rental or hauling transactions and does not own, supply, transport, or insure any item, we are not responsible for any loss, damage, injury, delay, or dispute arising from those transactions or from the acts or omissions of any user. Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.
15. Indemnification
You agree to indemnify, defend, and hold harmless Kyle's Project and its members, managers, officers, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Platform; (b) any transaction you enter into through the Platform, including any rental or hauling job and any resulting loss, damage, or injury; (c) your User Content; (d) your violation of these Terms or of any law; or (e) your violation of the rights of any third party.
Your indemnification obligation does not apply to the extent a claim arises from Kyle's Project's own gross negligence, willful misconduct, or fraud. We will provide you with prompt written notice of any claim for which we seek indemnification. We may, at our option, assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You may not settle any claim in a manner that imposes any obligation or liability on Kyle's Project, or that requires any admission by Kyle's Project, without our prior written consent.
16. Release
Because Kyle's Project is only a venue and is not a party to the transactions between users, you release and forever discharge Kyle's Project and its members, managers, officers, employees, and agents from any and all claims, demands, damages, losses, liabilities, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes, dealings, or interactions between you and any other user, including any rental or hauling transaction and the handling or disposition of any security deposit.
If you are a resident of California, you expressly waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive the protection of any other law of any jurisdiction that provides a comparable limitation on the effect of a general release.
17. Privacy and Data
This section describes the personal data we collect, how we use it, the service providers that process it on our behalf, and how long we keep it. We do not sell personal data, and we do not share it with advertisers.
Data we collect. We collect: your account email, used for the one-time-code login; your optional name and phone number; listing and request content, including photos, descriptions, prices, pickup and delivery addresses, and dates; Hauler verification data, including trailer types, gross vehicle weight rating, insurance certificates and their expiration dates, and service areas; location data, consisting of latitude and longitude derived from entered addresses together with map imagery, provided through Mapbox; transaction data, including bookings, jobs, ratings, Platform Fees, tax collected, security deposits, and payment and payout status; the content of in-app messages between parties to a booking or job; and technical data, including IP address, the browser or user-agent captured when you submit feedback, and basic page-view logs used for debugging. We never see or store your full card number.
How we use data. We use this data to operate the Platform, authenticate logins, create and manage listings and requests, match Renters with Owners and Haulers, process payments and payouts and collect applicable tax, verify Hauler bank and identity details through Stripe, enable messaging between parties to a transaction, display ratings and reviews, provide support, secure and debug the service, and comply with law.
How we share data. We share data with other users only to the extent needed to complete a transaction. For example, the counterparty to a booking or job will see the name, contact information, and address relevant to that transaction. We also share data with the service providers listed below, which process it on our behalf, and we may disclose data when required by law or to protect our rights, our users, or the Platform.
- Supabase: database, authentication, and file storage, including insurance documents and photos.
- Stripe: payment processing, payouts, and identity and bank verification for payees.
- Resend: transactional email, including one-time login codes.
- Mapbox: address geocoding and maps.
- Cloudflare and Vercel: network services and hosting.
18. Data Retention and Your Choices
We retain account and transaction data while your account exists. We retain Hauler insurance documents while they are active plus approximately one year. We retain feedback for up to approximately two years. You may request deletion of your data, or delete your account, at any time, subject to data we are required to keep to comply with law, resolve disputes, or enforce our agreements.
Depending on where you live, you may have additional rights regarding your personal data, such as the right to access, correct, or delete it. Residents of certain states or regions may have such rights. To exercise them, email us at kyle@clearfieldholdings.com. So that we can protect your data, we will verify your request, ordinarily by confirming control of the account email associated with the data, before we act on it, and we will respond within a reasonable time. We may decline or limit a request to the extent we are permitted or required to retain data to comply with law, resolve disputes, or enforce our agreements. If we decline a request, you may contact us at the same address to ask us to reconsider.
19. Dispute Resolution; Arbitration; Class-Action and Jury-Trial Waiver
Please read this Section carefully. It affects your legal rights, including your right to bring a lawsuit in court and to have a jury decide your claims.
Informal resolution. Before starting an arbitration or other proceeding, you and Kyle's Project agree to try to resolve any dispute informally for at least 30 days. To begin, you must send written notice of the dispute to kyle@clearfieldholdings.com describing the dispute and the relief you seek; we will send any notice to you at your account email. If the dispute is not resolved within 30 days after the notice is received, either party may begin arbitration as provided below.
Binding individual arbitration. Except for the matters carved out below, you and Kyle's Project agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by final and binding individual arbitration administered under its applicable consumer arbitration rules. This agreement to arbitrate is governed by the Federal Arbitration Act. The arbitration will be conducted in the English language, and the arbitrator's award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides whether the class-action and class-arbitration waiver below is enforceable.
Class-action and class-arbitration waiver. You and Kyle's Project agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in a court of competent jurisdiction as provided in Section 20, but the remaining claims will proceed in arbitration.
Jury-trial waiver. To the fullest extent permitted by law, you and Kyle's Project each waive any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Platform.
Small-claims carve-out. Notwithstanding the agreement to arbitrate, either party may bring an individual claim in a small-claims court that has jurisdiction, so long as the matter remains in that court and is brought only on an individual basis. Claims for provisional or injunctive relief to protect intellectual property or to address unauthorized access to the Platform may also be brought in court.
30-day right to opt out of arbitration. You may opt out of this arbitration agreement (including the class-action waiver) by sending written notice to kyle@clearfieldholdings.com within 30 days after you first accept these Terms. Your notice must include your name and the email address associated with your account and must state clearly that you opt out of arbitration. If you opt out, the jury-trial waiver above still does not apply to you, and disputes will instead be resolved in the courts identified in Section 20. Opting out of arbitration has no effect on any other part of these Terms.
20. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Platform are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 19 (Dispute Resolution). For any dispute that is not subject to arbitration under Section 19 (including matters within the small-claims and injunctive-relief carve-outs and any claim by a user who has validly opted out of arbitration), you and Kyle's Project agree that the exclusive venue will be the state or federal courts located in Midland County, Texas, and you consent to the personal jurisdiction of those courts.
21. Electronic Communications and Consent
The Platform operates entirely electronically. By using the Platform, you consent to transact with us electronically and to receive electronically all disclosures, notices, agreements, one-time login codes, transaction confirmations, and other communications that we provide in connection with your use of the Platform. You agree that these electronic communications satisfy any legal requirement that such communications be in writing.
You agree that your electronic acceptance of these Terms, and your use of the Platform, constitute your signature and agreement under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act (UETA), and any similar law, and have the same legal effect as a handwritten signature. To access and retain electronic communications, you need a device with internet access, a current web browser, and a valid email account; you may request a paper copy of any record or withdraw your consent to electronic communications by contacting us at kyle@clearfieldholdings.com, though doing so may prevent you from using the Platform, which depends on electronic communication.
22. Copyright and DMCA Notice-and-Takedown
Kyle's Project respects intellectual property rights and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe User Content on the Platform infringes your copyright, send a written notice to our designated agent at kyle@clearfieldholdings.com that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim is infringed; (c) identification of the material you claim is infringing and information reasonably sufficient to let us locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Upon receiving a valid notice, we may remove or disable access to the material identified. If your material was removed and you believe the removal was a mistake or misidentification, you may send a counter-notice to the same address including: your signature; identification of the removed material and its prior location; a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; and your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the federal court for your district (or, if outside the United States, for any district in which we may be found) and that you will accept service of process from the person who provided the original notice. We may restore the material as permitted by the DMCA. We maintain a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
23. Force Majeure
Kyle's Project will not be liable for any delay or failure to perform, or for any unavailability of the Platform, resulting from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, failures or interruptions of the internet or telecommunications, power outages, and outages or failures of third-party processors, hosting providers, or other service providers, including those identified in Section 17. Timing estimates for payouts and other operational matters are subject to such events.
24. Term and Termination
These Terms apply for as long as you use the Platform. You may stop using the Platform and delete your account at any time. We may suspend or terminate your access to the Platform, with or without notice, if you violate these Terms, if we are required to do so by law, or if we discontinue the Platform.
Termination does not affect transactions, payments, or obligations that arose before termination. The following provisions survive termination: Section 6 (as to amounts owed before termination), Section 7 (Taxes), Section 8 (Security Deposits, as to deposits charged before termination), Section 9 (Cancellation and Refund Policy, as to transactions in progress), Section 10 (User Content and License, as to the license and your representations), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Release), Sections 17 and 18 (Privacy and Data; Data Retention and Your Choices, as applicable), Section 19 (Dispute Resolution), Section 20 (Governing Law and Venue), Section 25 (General), Section 27 (Contact), and this Section 24.
25. General
Entire agreement. These Terms, together with any policies expressly referenced in them, are the entire agreement between you and Kyle's Project regarding the Platform and supersede any prior or contemporaneous understandings on that subject.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The class-action and class-arbitration waiver in Section 19 is subject to the specific severability rule stated in that Section.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision, and any waiver must be in writing to be effective.
Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment in violation of this provision is void. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets or business.
No third-party beneficiaries. These Terms do not create any third-party beneficiary rights, except that the members, managers, officers, employees, and agents of Kyle's Project are intended beneficiaries of the disclaimer, limitation-of-liability, indemnification, and release provisions.
Notices. We may give you notice by email to your account email address or by posting through the Platform, and such notice is effective when sent or posted. You must give us notice by email to kyle@clearfieldholdings.com.
Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
26. Changes to These Terms
We may update these Terms from time to time. When we make a material change, we will provide notice through the Platform or by email and will update the "Last Updated" date and version identifier at the top of these Terms. Changes take effect when posted, or on the effective date stated in the notice. We will maintain the current version, and prior versions will be available on request. Your continued use of the Platform after a change takes effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and may delete your account.
27. Contact
Questions about these Terms, requests regarding your data, arbitration and opt-out notices, DMCA notices, and other notices to Kyle's Project may be sent to kyle@clearfieldholdings.com. "Kyle's Project" is the brand and operating name of the Platform; the operating entity is being formed.